One of the most common grounds for a claim in the workplace is a trip or slip. Floors and traffic routes in a workplace must be constructed in a suitable manner; have no holes, slopes, unevenness or slipperiness which would be a risk; and be kept as free from obstructions, articles and slippery substances as is reasonably practicable.
The first two of these obligations impose strict liability, with little prospect of a defence, unless, in the case of a hole, adequate measures to prevent a fall have been taken, or, in the case of a slope, a handrail has been provided. It follows that, if a manager or employee becomes aware of such a hazard in the workplace, they should take immediate steps to rectify it. Such hazards may not be obvious, and the accident need not be likely. Workplaces have been held to be unsafe where otherwise acceptable floors became too slippery when wet or polished.
The third obligation, to keep the surface free from tripping hazards and spillages, is more qualified, as an employer needs to do only what is reasonably practicable. This is a well known test in the law of employer's liability, and requires a weighing exercise to be made between the risk and gravity of an accident on the one hand, and the cost and other inconveniences of the safety measure on the other. Only if the latter is out of all proportion to the former can it be said that a measure is not reasonably practicable.
The standard is therefore a high one, but is not insurmountable. In one location a complaint that a workplace should have been swept more often was rejected due to the inconvenience involved. Again, then, employers should consistently be asking themselves whether preventative measures, such as inspections, are proportionate or not to the dangers to their staff.
One often overlooked obligation relates to stairways, which must be provided with a handrail in all circumstances unless it would present an obstruction. If an employer realises that a stairway is without a handrail, failing to provide one may be inviting a claim.
