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Adverse Weather
1st February 2010
The snow at the beginning of January 2010 caused severe disruption to businesses. When a severe weather event occurs what can businesses do to minimise the disruption to the business and risks to the safety of their employees?
In health and safety management we tend to concentrate on machinery; personal protective equipment or general processes such as policy, risk assessment, auditing, etc. Health and safety issues, however, come in other forms such as the forces of nature.
The legal and insurance professions have long recognised this by making distinctions for certain exceptional circumstances, often called Acts of God.
We often view the seasons as characterised by extreme weather conditions causing massive disruptions to normal operations or services. They should, however, form part of your planning such that the effects of these are managed. Season’s have their own characteristics and in winter we can reasonably expect extreme weather conditions such as snow, ice, excessive rainfall, low temperatures and reduced hours of daylight. These conditions will impact on external activities but may also impact on operations within your organisation.
You must recognise that there may be occasions when staff will be unable to get to work due to adverse weather conditions and need to have procedures in place to enable you to manage these situations.
What precautions should employers take in extreme weather conditions?
Firstly, it is advisable for all businesses to conduct risk assessments of their workplaces to deal with the issues caused by extreme weather conditions.
The Workplace (Health, Safety and Welfare) Regulations 1992 sets out the requirements in relation to the temperature of workplaces. The Approved Code of Practice which accompanies the Regulations suggests that the temperature in workplaces should be at least 16 degrees Celsius, unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. There is no maximum temperature specified in the Approved Code of
Practice. However, employers must follow the requirements of the Regulations that “the temperature in all workplaces inside buildings shall be reasonable”.
Cold weather
In cold weather, measures employers could take to avoid disruption and protect their employees include providing employees with hot drinks and breaks in which to drink them, providing heated rest facilities particularly where employees are working outside, providing suitable protective clothing and ensuring as far as possible that systems of work allow for employees to rotate the tasks that they are doing.
Employers should also be aware of health issues that might arise in relation to employees working in cold who suffer from cardiovascular or circulatory diseases such as Reynard’s disease. Adverse weather conditions should be the subject of a risk assessment process and the results should become the subject of policies and
procedures to be actioned and communicated. Snow, for example, is a visible hazard and can:
- Block or impede access to and around buildings.
- Melt and re-freeze creating slush or icy conditions which can lead to slips and falls.
- Heavy snow may cause excessive loading of fragile roofs and block external plant and machinery;
Where you require your workers to drive as part of their duties you need
to consider a range of issues such as:
- Driving in adverse conditions;
- Weather effects especially if snowed in or stranded in remote locations;
- Increased travel times and thus ensuring break periods are safeguarded.
You will expect staff to turn up for work whatever reasonable means is available to them.
However, this must be at their own discretion, dependent on weather conditions in their own area, personal circumstances, available transport and without added risk to their own personal safety.
Employees who live within walking distance of their place of work can be expected to attend for work wherever it is possible for them to walk to work. Whether or not it is possible for them to do so will be a matter for consideration between the employer and the employee.
The following considerations will apply:
(a) The distance involved.
(b) The weather conditions.
(c) Time of day.
(d) Age and heath of the employee.
Employers have a general duty under the Health and Safety at Work Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work.
Driving in poor conditions
The Highways agency offers the following advice for anyone needing to drive in poor weather conditions such as snow, ice, fog etc.
Be well prepared, whatever the weather. Make sure you know exactly where you’re going, what roads you’re taking, and check conditions before you leave. Listen to travel and weather news so you know what to expect.
If really bad conditions are forecast, think about whether you need to travel at all, even if you are only going on a short, familiar journey. And make sure your vehicle is in good running order before you leave.
Check your vehicle
Carry out the following checks regularly:
- Get your vehicle serviced. That way you know it won’t let you down even if the weather does.
- Keep the cold out of your vehicle by checking and replacing the anti-freeze in the radiator.
- Most batteries last between two and four years. Make sure yours is fully charged and replace it if you’re not sure it’s reliable.
- Lights can get filthy with all the spray in winter. Keep them clean and check the bulbs regularly so you’ll be prepared for lower visibility and shorter days.
- Getting a better grip on the road takes more tyre tread in wet or icy conditions. Ensure your tyres are inflated to the manufacturers’ recommended pressure and have at least 3mm of tread
depth.
- Make sure your wiper blades aren’t worn so you can keep your windscreen as clean as possible for the extra spray, ice and rain you get in winter.
- Dirty windows and mirrors can make it hard to see as the low winter sun hits. Make sure you keep them clean and free of ice and snow in colder weather. And it goes without saying that your windows are clear and de-misted before you set off!
- Carry spare water and screen wash to top up your washer bottle if required, attempting to use the washers when the bottle is empty may cause a fuse to blow and could affect other safety features in the vehicle.
- Finally, don’t forget to take a map with your for any unplanned diversions or in case the SATNAV looses signal.
Take an emergency kit
Carry an emergency kit in the boot: “Even if the weather doesn’t seem that bad when you leave home, standing on the hard shoulder of the motorway can be another story”.
Here’s what we recommend you put in the boot:
- Ice scraper and de-icer.
- Torch.
- Warm clothes and a blanket.
- A pair of boots.
- First-aid kit.
- Battery jump leads.
- A shovel if it’s likely to snow.
- Food and a warm drink in a flask for particularly cold weather.
It’s also worth keeping a pair of sunglasses in the glove box to protect from the glare from the low winter sun.
Change the way you drive
The Highways Agency see a lot of collisions that are caused by people not braking in time when the roads are wet or slippery. If it's foggy, raining, snowing or icy, make sure you slow down and keep well back from the vehicle in front of you.
Stopping distances in winter
- When roads are slippery it will take longer to stop. Up to 10 times longer.
- So, drop your speed, and give yourself more time to slow down and stop.
- Drive with care even if roads have been treated.
Do the right thing in an emergency!
If your vehicle starts to skid:
- Depress the clutch. Do not brake!
- Turn the steering wheel into the direction of the skid.
- When the vehicle straightens, steer along the road.
Driving in fog
- Use dipped headlights so other drivers can see you.
- If it’s really foggy (less than 100m visibility) and you can’t see much, then switch your fog lights on. Switch them off once conditions have improved so they don’t dazzle drivers behind you.
- Fog is often patchy so try not to speed up as visibility improves. You could suddenly find yourself back in thick fog further up the road.
Driving through ice and snow
- Check for snow on the roof of the vehicle before you drive off. It can slip down over the windscreen and obscure your view.
- If your tyres are making virtually no noise this could be a sign you’re driving on ice.
- If your vehicle skids depress the clutch and turn the steering wheel into the direction of the skid. When the vehicle straightens steer along the road. Don’t brake – it will just lock up your wheels and you’ll skid further.
Driving in the rain
- When the road’s wet, it can take up to twice as long to stop so it makes sense to slow down when it’s raining.
- If your vehicle loses its grip, or “aquaplanes”, on surface water take your foot off the accelerator to slow down. Don’t brake or steer suddenly because you have no control of the steering or brakes.
Driving in windy weather
- In very windy weather we advise you to take extra care on the roads and plan your journeys by checking the latest weather conditions.
- High-sided vehicles are particularly affected by windy weather but strong gusts can blow a vehicle, cyclist, motorcyclist, or horse rider off course. This can happen on open stretches of road exposed to strong crosswinds, or when passing bridges and high-sided vehicles
Floods
- If you can avoid it, it’s best not to drive through lying surface water as you might flood your engine. The deepest water is usually nearest the kerb.
- If you do have to drive through flooded roads, use first gear. Move forward immediately to avoid stalling the engine. Keep your revs high and depress your clutch when you need to.
- Test your brakes after passing through the water. If they work then you can drive on at your usual speed providing it’s safe to do so.
In freezing conditions, look out for vehicles spreading salt, and snow ploughs.
Make sure you watch out for our salt spreaders in winter. They’ll indicate they are spreading salt by flashing amber beacons and will drive at less than 40mph. Don’t overtake these vehicles unless it is safe. It’s generally best to stay well back because salt is thrown across the width of the road.
The same goes for snow ploughs. Flashing amber beacons mean they are likely to be clearing snow.
Don’t overtake them unless the lane you intend to use has been cleared. If you’re following any of these vehicles it’s better to keep well back because snow or salt is thrown across the width of the road.
Breaking down on the motorway
- Pull onto the hard shoulder, park as far over to the left as you can, away from traffic, and turn on your hazard warning lights.
- Get yourself and any passengers out of the vehicle immediately, using the doors on the left hand side furthest from the traffic. While you wait for help, keep well away from the carriageway and hard shoulder and do not try even the simplest of repairs.
- Try to use the emergency roadside telephones rather than a mobile phone. This will help traffic officers and emergency services know exactly where you are.
Snow, ice and extreme temperatures continue to plunge the UK into chaos, meaning that employers have more people-related challenges than usual regarding absence and attendance, pay, leave, health and safety and the rights of their staff.
During severe weather, employees may be late or unable to get to work at all due to travel disruption. The following principles and practical suggestions will help employers to take a fair and reasonable approach where employees are late or unable to attend work in these circumstances.
Key Principles
- Employees are responsible for getting themselves to work*
- If the employee does not arrive at work, the employer does not have to pay them
- If an employee arrives at work late, the employer does not have to pay them for the hours not worked**
Practical Actions
Employers should consider the following practical options:
- In the first instance, if their usual method of transport is not available, ask employees to do all they can to use alternatives to get to work.
- Employees should work from home or at an alterative office/site that they can get to wherever this is possible.
- Allow employees to take any outstanding lieu time or flexi time if available.
- Allow employees to take the time off as holiday if available (although remember that employers cannot require employees to take holiday entitlement at short notice).
- If none of the options above are possible, then time off would be unpaid or, alternatively, it can be paid at the employer’s discretion.
- Where disruption lasts for a short period (i.e. a day or less) and all possible alternatives have been exhausted, some employers may choose to pay employees on a discretionary basis.
*This does not apply if the employer has a contractual agreement to provide transport for the employee to get to work. In these circumstances the employer may be have to pay the employees if it cannot get the employees to work.
FREQUENTLY ASKED QUESTIONS
Q. Is an employer required to pay employees who cannot make it into work as a result of severe weather conditions?
A. The employment relationship is based on the employer paying wages in return for work performed by the employee. If an employee cannot report for work because of adverse weather conditions, even where this is absolutely no fault of their own, the employee is not legally entitled to be paid unless their contract of employment specifies otherwise.
Many employers choose to pay employees in these circumstances anyway, despite not being legally obliged to do so, or come to some other arrangement - where the employee takes the time as annual leave, for example or makes up the hours at a later date. This will be up to the mutual agreement of the employee and employer.
It is advisable that employers have a policy in place for dealing with this type of absence and apply it equally and consistently throughout the workplace. If they do so all employees will be aware of how their absence will be treated in advance and accordingly a dispute over leave or pay is far less likely.
Q. What happens if an employer has to close its premises due to adverse weather conditions?
A. Where an employer has to close its premises as a result of unforeseen circumstances such as snow or flooding, and there is no work available for its employees as a result, this will result in a period of lay-off. Unless there is a contractual right to lay employees off without pay, or employees expressly consent to being laid off without pay, they will be entitled to receive their normal pay for the duration of the lay-off. If the employer fails to pay employees they may sue for damages, or claim unfair constructive dismissal (if they resign as a result of the non-payment) on the ground that there has been a fundamental breach of the contract of employment. Employees may also claim that the employer has made unauthorised deductions from wages.
Even where an employee’s contract of employment contains an express contractual right for the employer to impose a period of lay-off without pay, or the employee consents to a period of lay-off without pay, he or she, subject to certain exceptions, is entitled to a statutory guarantee payment for any complete day of lay-off.
Guarantee payments are limited to a maximum of five days’ payment in any three-month period. If the employee is normally required to work fewer than five days a week, the entitlement cannot exceed the number of days that he or she is required to work per week under the contract. The amount of guarantee payment per day is based on the employee’s normal daily rate of pay, but subject to a statutory maximum.
Q. What happens if an employer has to close its premises due to adverse weather conditions?
A. Employees have the right to unpaid time off to deal with emergency situations regarding their dependents. While this would not normally apply to a situation where the employee was required to look after their children as a result of not having any childcare arrangements in place, last minute school closures would be seen as constituting an emergency situation and employees would be entitled to statutory protection for taking the day off. Again the employer would be entitled not to pay the employee for this day, but may choose to do so.
Q. What are the potential health and safety implications for employers during adverse weather conditions?
A. Employers have a general duty under the Health and Safety at Work Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work. Adverse weather conditions should be the subject of a risk assessment process and the results should become the subject of policies and procedures to be actioned and communicated to employees.
It is important to bear in mind the potential health and safety implications where authorities are advising people to stay at home unless their journey is essential. You may not want to put too much pressure on people to attend work as a potential liability may exist if employees are pressurised into travelling by car or foot when conditions are too dangerous.
Employers should take a balanced approach between encouraging employees to make all reasonable efforts to get into work and forcing them into a situation where they feel they have no alternative but to travel to work or risk facing possible disciplinary action.
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