Sunday Telegraph and Mail on Sunday reporting of so-called
‘IOSH guidance’ on gritting pavements
10 January 2010
The Sunday Telegraph and
Mail on Sunday both ran a story on Sunday 10 January claiming
that IOSH was warning businesses not to grit public paths because
this could lead to legal action. The Sunday Telegraph stated that,
“in guidance to its members”, IOSH said: “When clearing snow and
ice, it is probably worth stopping at the boundaries of the
property under your control” and that clearing a public path “can
lead to an action for damages against the company, eg if members of
the public, assuming that the area is still clear of ice and thus
safe to walk on, slip and injure themselves."
This is not the IOSH position on gritting public areas. Neither
has IOSH issued this as guidance. The words are, in fact, taken
from a Croner contribution to the
“Just Ask” column of SHP magazine, in February of last
year.
We were contacted by The Sunday Telegraph about the story on the
afternoon of Friday 8 January and offered a detailed comment from
our Policy & Technical Director Richard Jones:
“Deciding whether to grit beyond the boundaries of their
property needs to be carefully considered by companies. If access
to the premises is covered in ice, companies may choose to grit the
access to help their staff and visitors arrive and leave safely,
even though it’s not their property. However, in this instance, if
they failed to grit the surface properly and someone had an
accident as a result, then they could incur some liability.
“As a general rule, though, it’s sensible for firms to consider
the risks and take reasonable steps to prevent accidents from
happening. If this means gritting outside the boundaries of your
workplace, then it’s better to do that than to have people slipping
over or involved in car crashes on your doorstep.”
In other words, our position is to encourage businesses to be a
good employer and neighbour by gritting beyond property boundaries
and to make sure that the task is carried out thoroughly.
This comment was ignored by The Sunday Telegraph and the wording
from the Croner article used instead and attributed to IOSH. This
was done without the knowledge of our Media team, with no follow up
check being made.
Communications Director Ruth Doyle was dismayed by the
Telegraph’s approach: “To lift this wording from an outside
contribution to SHP magazine, published nearly a year ago, and pass
it off as ‘IOSH guidance’ is completely irresponsible.
“The IOSH position is most definitely to encourage people to be
good employers and neighbours by gritting icy areas and to show
health and safety wants to help protect life and limb, not endanger
it.”
We took the ‘story’ up with Channel 4 News, on Sunday and
fielded a spokesman for interview but the item didn’t make it into
that evening’s programme. We are taking the matter up with the
Telegraph and will be issuing a statement to all media, later
today.