It’s hard to think of cold weather when it’s still summertime, but this is the time of year for pre-season preparation. Getting ready before weather conditions become a factor is an essential part of best practices recommended for quality snow removal and ice management.
Every year, snow and ice removal that is not done, or not done properly, leads to falls and other injuries. Falls are a leading cause of hospitalization in both the USA and Canada, and a major cause of disability and death. Falls also are one of the most cited workplace safety violations in North America.
At commercial, retail, and institutional facilities such as healthcare, daycare centres, and utilities, the property manager is responsible for building maintenance, which includes maintaining a safe premise. This means snow removal and ice management. Typically, snow and ice removal is done by a contracted third party, which could be your facility maintenance or commercial cleaning service. Both parties are responsible for getting the job done right, so choose your facility maintenance partner wisely! Here’s why.
A Property Manager’s Legal Responsibility to Clear Snow and Ice
Clearing ice and snow promptly and properly is a property maintenance service you provide to your employees, visitors and customers. It sends the message, “you are welcome, we are open for business, we are expecting you, we care about you.” But beyond being the right thing to do, it is also a legal requirement, covered by municipal bylaws, and health and safety regulations. In addition, municipalities in Canada and the USA have adopted codes and ordinances outlining a property owner’s responsibilities not only for their property, but also for public sidewalks around their property as well.
You do not want to put your business at risk by failing to properly de-ice a walkway or clear away a pile of snow that blocks drivers’ sightlines. In Canada, the Occupiers’ Liability Act in each province provides victims of slip and fall accidents with the option to pursue compensation when an owner fails to maintain hazard-free premises. Business owners are held to the highest standard of care. If someone is injured on commercial or retail property such as a store or restaurant, owners who do not have a reasonable procedure in place for inspecting and fixing unsafe conditions may be found liable for any accidents and injuries that occur. A good description of how Canadian insurance law works in this regard can be found in this description of how the Act is applied in Alberta.
In the USA, property Managers are expected to maintain safe walking surfaces, as set forth in what is known as the ANSI Provision of Slip Resistance on Walking/Working Surfaces. The Standard protects persons where there is potential for slips and falls as a result of surface characteristics or conditions. The ANSI Standard A1264.2 also states that snow and ice removal should be considered as emergency work. Wondering about the specific snow removal laws in your state? Check out this link.
Standards and Best Practices for Snow and Ice Removal
Over the past 15 years, great deal of attention has focused on the development of improved business practices for snow and ice management. Such measures have resulted in significant risk reduction. An important step in this process was the creation in the USA of The Accredited Snow Contractors Association (ASCA) in 2010, which subsequently established the first ever industry standard for improving quality in the snow and ice industry.
The impact of the ASCA’s work as well as the work of second leading association, SIMA (the Snow & Ice Management Association), has made a significant impact in Canada as well. Best practices and lessons promoted by such industry leaders can be applied across borders to dramatically reduce liability. As explained by the ASCA’s executive director, “The standard has become the foundation for effective risk management in both the U.S. and Canada, and “the Canadian court system has recognized ASCA standards in litigation cases.”
ASCA standards outline all the policies and procedures snow and ice contractors must meet in order to run risk-averse businesses. Holding an ASCA certification or being a Certified Snow Professional (CSP) SN9001 certified significantly increases a company’s chance of successfully defending itself in a case. According to the ASCA’s data, 70 per cent of claims against ASCA-certified companies are dismissed. Now, that’s impressive!
Pre-season Proactive Facility Maintenance & Inspection
Your facility management company should be aware of (and following) best practices for effectively planning for, preparing and overseeing snow and ice removal. The off-season is an ideal time to start. During a pre-season property check, those responsible for snow and ice removal get to know your property before it’s covered in ice and snow!
This can be done with a property walkthrough visit where your facility and the grounds around it (including parking lots, loading areas, etc.) are checked for potential hazards such as unattached parking blocks, broken pinnacles, sinkholes, and drains. Make sure these are either fixed, or at least identified. This is going to prevents damage to your property, and your equipment, once these hazards are hidden by ice, snow, or the darker conditions during the winter months.
All efforts should be properly documented. Best practices ahead of the season include, but are not limited to, checking on such items as:
- Exterior steps and stairs should be inspected to make sure they are non-slip, not deteriorating, and that their handrails are secure.
- Sidewalks and walkways should be inspected for tripping hazards.
- Sidewalks and walkways should also be inspected for low spots which can become prone to icing during a thaw/freeze cycle if they don’t drain properly.
- Parking lots need to be inspected for their condition, low spots and drainage.
- Other pre-season checks include:
- Areas where there are heavy foot and vehicle traffic. These will be the area that may need pre-treatment, or more salting once the first storm hits.
- Make sure crews know where the equipment is store, such as shovels, in addition to salt storage. Identify the path to plough, so that you protect both landscaping and equipment.
- If there are landscaping features, such as vulnerable plants, make sure they are identified so they can be protected with wrapping, or avoided when it comes to ploughing and salting.
- Drainage channels and exterior outflows should be in good condition, clean, and drain away from walking surfaces including parking lots.
General Best Practices for Snow and Ice Management
In addition to pre-season inspection, here is a list of general best practices to managing risk effectively during the hazardous months. For a more detailed list, check out this comprehensive guide published by SIMA.
Communication and Documentation
- Snow and ice removal are a shared responsibility between the property manager responsible for the facility and the facility maintenance company or service provider that agrees to keep the site maintained. Clearly define a communication plan between both parties (including subcontractors if applicable). You want to avoid a situation where someone says, “but I assumed that ice removal on that section of our parking lot was your responsibility!” Or “I thought we agreed to put the snow over there….”.
- Clearly define who has the authority to make decisions on de-icing applications, sidewalks de-icing and snow clearing, any additional services, and the ceasing of any services during an event.
- Execute in writing any changes, additions, or cessations to contracted services by those identified contractually as having the authority to do so.
- Notify your maintenance provider in writing of snow/ice conditions that need addressed or have become hazardous.
- Use caution signage in key areas to communicate potentially slippery conditions. Clearly identify in agreements which party is responsible for erecting signage.
- Immediately notify all parties in the communication chain of any snow/ice-related incident or accident.
- Document everything you’ve done including the details from the pre-season site inspection. Use technology to track your snow removal process such as an electronic reporting system.
Accountability and Scope of Work
- Make sure that the scope of work is well defined in addition to the required services, equipment and materials use (including chemical de-icers, etc.)
- Set out a snow removal procurement timeline (what happens when during the season)
- Agree on fee structure and accountability requirements (who does what, who is responsible for what specific areas of work)
- Snow removal and de-icing come with its own set of dangers and risks, which is why it’s important for those doing your snow removal to be covered by adequate snow removal insurance.
Trust Ice and Snow Removal to Maintenance Partners that Follow Best Practices
Best practices for snow and ice management is critical for business continuity and to ensure safety for customers, tenants and employees. Whether your region gets a lot of snow or just a few days below freezing, if winter conditions present a hazard, this is the time of year to do some necessary preparations. It’s also a good time to review best practices to make sure you’ve got everything in order.
A facility maintenance service partner such as Kleenway, with 35 years of experience and customers across Canada and in the USA, can advise on what is required and give you the confidence that they are following industry best practices. Trusting quality snow and ice management to just “anyone” is a bit like trying to predict the weather!