Snow Cover Snow Plowing and Removal Services Best Practices Guide 2015 2016 www.hortica.com l 800.851.7740
During a recent trip to upstate NY, Hortica Loss Control representatives met with several insureds who own businesses providing snow services and gained valuable insight on ways they intend to have a successful and safe snow season. Below is a compilation of best practices that companies similar to yours are executing to reduce their company s liability and keep employees safe: 1. Have a Contract and Use It. A well written contract is one of the best ways a company performing snow services can protect themselves from the litigious slip/fall claims that are so commonly seen in this industry. It s important to remember the best written snow removal contract is only going to protect you when it is used. If you feel pressured from the property owner to use their contract, you may be setting your company up for potential slip/fall claims that can be extremely costly and could ultimately impact your bottom line along with the profitability of your snow services. 2. Review Your Snow Services Contract. Make sure the contract covers the following items at a minimum: Property information Rates (plowing, removal, equipment, etc.) Scope of services (when are services provided, who is responsible for initiating services, define when your responsibilities start and stop, etc.) Property damages Hold harmless and indemnity statement in the interest of your business (include a statement that snow removal services/ice treatment may cause damage to paved surfaces and the client holds your company harmless from damage caused by these services) Defense clause (include your business is not responsible for paying for defense of claims arising out of your services) Contract term Payment information Obstruction clause (include what to do when vehicles, equipment and other obstacles are in the way and your company is not responsible for accidents arising from not being able to remove or treat these areas) Snow pile areas Emergency equipment (who is responsible for clearing fire hydrants, connection points, etc.) Slip/Fall clause (state your company is not responsible for slip/fall accidents due to the accumulation of snow & ice) www.hortica.com (1)
3. Maintain Complete and Accurate Records. Include documentation of the services provided and the time the services were provided, as well as keeping a weather log each day of the snow season. 4. Create a Video of the Property Prior to the Beginning of the Season. Create the video at a time when there are a minimal amount of cars in the parking lot if possible. Many of the snow services companies shared experiences about how creating a video helped them prove the damage was there prior to the season and avoid having to submit a claim for something they didn t cause. 5. Equip Your Plow Equipment with GPS Technology. Not only will this help prove your company was on site performing services, it will also allow data to be pulled from the day showing exactly where a truck or loader traveled. If a claim arises later, your service records and the GPS data will assist in proving an area was serviced. This detail of the services performed can help greatly in a slip/fall claim. 6. Create a Binder for Each Property and Give to Drivers Performing Services. In the binder have a property map identifying all potential hazards and where to accumulate snow piles. Snow piles should be designated in areas where daily melt will not leave icy patches in walkways or other areas people may frequent. In addition, take photos of key areas your employees need to be aware and include the photos with comments in the binder so they have them on the jobsite. 7. Properly Train Employees in All Aspects of Their Job. Hold both classroom type training and hands on training in the field. Pair new operators with experienced operators until it has been determined they are ready to be on their own. Perform training throughout the season, routine and constant training helps remind employees to stay safe. Some of the seasonal training can be done by holding tailgate/toolbox talks with crews before they leave the yard. Continuous training can also be very helpful should a claim occur to show your company has properly trained your employees in how to be safe while they are performing snow services. 8. Hold a Safety Rodeo Day at the Beginning of the Season to Test the Driving Skills of Your Employees. Set up mock plowing scenarios using cones and other safe obstacles to give your operators practice. If an employee is identified to have any issues with the course, additional training will be necessary. www.hortica.com (2)
9. Perform a Stress Test at the Beginning of the Season. Call your employees unannounced and send them out to the jobsites just as if it were actually snowing. Several companies did this over a weekend in the early morning and provided breakfast to their crews when everyone completed their stress test. It s also a great way to find out if someone will be reliable for this type of work. 10. Set a Maximum Amount of Time Employees are Allowed to Perform Work. One company mentioned prior to setting a maximum amount of time, they had an employee who had been plowing for close to 18 hours. When asked, this employee said he was OK to continue working. About 30 minutes later, the employee fell asleep and ran into a snow bank. Luckily, it was a snow bank and not a person, building, vehicle or any other obstacle that could have been present. Now employees aren t allowed to work longer than 12 hours at a time and are required to take short breaks during their shift to help them stay alert while plowing. 11. Provide Safety Shout Outs and Weather Updates to Your Drivers During Their Shifts. These help keep safety a priority when operators are performing services. 12. Properly Secure Equipment Left on Job Sites with the Keys Removed. Equipment theft is always something to be vigilant about and take measures to prevent. 13. Contact Hortica Immediately Regarding Claims. The more information you are able to provide, the more helpful it will be to determine the appropriate direction of claim activities, begin investigating the facts, outline a response and minimize any adverse impact on your business. Your assistance in the claim process can go a long way to help us ward off unwarranted claims that seem to commonly arise from snow services. 14. Implement a Stop Work Procedure When Visibility Drops to Unsafe Conditions. When it is snowing too hard to perform the task safely and/or visibility drops to less than 20 25 feet, snow plowing services are put on hold because it is too dangerous to operate in white out conditions. This is for the safety of your operators, employees/customers and your client s property. 15. Set Up a Mobile Trailer on Large Sites with Continual Snow Services. Trailers on the larger job sites with several employees provide them a place to take a break and warm up. www.hortica.com (3)
16. Make It the Responsibility of Your Client to Notify You of Additional Services Needed After the Snow Event. For instance, there are icy conditions that occur a day or two or more after the storm. Hortica sees many claims where someone slips/falls on ice days after the snow event and our insured (the business performing the snow service) is held responsible because either the contract doesn t address this or even worse it states they are responsible for monitoring the properties for changes in conditions. Having a contract that states your company will monitor a property for changes in conditions can easily and quickly turn into a claim that your company is held responsible for. 17. Walk Away From Unfavorable Contracts Where the Property Owner Wants Your Snow Service Company to Bear 100% of the Liability for Slip/Fall Claims Occurring on Their Property. Some of our insureds shared they have walked away from large dollar amount contracts because the contract stated the company performing the snow services would be liable for just about any type of claim that occurred. In the end, these insureds found they came out ahead with other clients who were willing to sign their snow service contracts. As you can see, there are many steps your company can take to help make your snow season a profitable and safe one for your employees and operation. If you have questions about Snow Plowing & Removal Services Best Practices or your snow services contract, please contact Hortica Insurance & Employee Benefits by email at losscontrol@hortica.com or call 800 851 7740 and ask to speak with Loss Control Services. www.hortica.com (4)