High winds. Downpours. Icy conditions. Lightning. Fog. Scorching temperatures… No, we’re not talking about the Scottish summer of 2024 – we’re talking about weather warnings.
The Met Office has its own ratings for weather systems that it thinks could cause disruption – yellow, amber and red. Amber warnings advise people to take care while red warnings present a danger to life.
While this can help most people simply plan their day or hobbies, what does it mean for people who work outside?
Should we simply take care, or should people avoid work that day? What about those who have roles where not working can cause wider problems for others?
Even offshore workers and fishermen who battle truly extreme conditions on the North Sea every day have special bad weather protocols and processes to stay safe.
What does this mean for people injured in a workplace accident linked to bad weather?
No matter the profession, your employer is responsible for your safety and this includes protecting you from the elements.
There aren’t any precise numbers when it comes to weather conditions. There is nothing like “If it’s -10C then farmers should stay inside”, or “If it’s 40C then construction workers should be sent home”.
The Health & Safety Executive does note that 23mph is the wind speed that can affect people’s balance, but it doesn’t go so far as to say roofers should stay on the ground.
The key thing to note is it’s all relative. It depends on the weather. It depends on the job being done. But crucially, it depends on the steps your boss takes to manage known risks.
Blaming a workplace accident on bad weather is simply not good enough, and the Courts agree.
So, when people come to us for help after they are injured, the first thing we check is to find out if the employer or line manager carried out a proper risk assessment.
Employers need to identify hazards and the dangers they present and take steps to eliminate or minimise any harm.
An example would be ensuring workers have appropriate clothing and equipment, together with training, to do a job safely.
People who work at height: If there’s a wind warning in place and you’re sent up a cherry picker and subsequently injured after it’s toppled by a gust, we’d argue the employer was negligent, breached safety guidelines and their liability insurer should have to pay you compensation.
Care workers on home visits: Patients and clients rely on these workers for every day basic tasks. In winter, it is accepted that they will have to battle the elements. However, employers still have a duty to minimise risks to workers. We won a Supreme Court case that showed a care worker should have been provided with ice grips for their footwear to offer better grip in slippery conditions.
Professional drivers: The key thing is driving to road conditions. We acted for 17 victims of a coach party who were injured after the bus was blown over in high winds. The bus company argued they were not to blame, but the legal position was clear – if it was so windy that it was a risk to proceed then the driver should have stopped. If he had done, no one would have been injured.
Now, there are some occasions where a personal injury claim will not be possible. For example, if it snows and you immediately slip on the pavement and hurt your arm, no one could possibly be held responsible for not ensuring the pavement was cleared immediately. No Council has the resources to do this, so the Courts are unlikely to support a claim against the local authority.
To keep people safe, employers follow basic rules:
- Working in hot or cold temperatures – does the worker need special PPE?
- Working in high winds or stormy conditions – is it safer to halt the work?
- Working in winter weather – are walkways treated, or do they even need to be closed off?
- Working in poor visibility (darkness or fog) – are reflective clothing or lights needed?
When it comes to workplace accident claims, the important thing to remember is there’s a good chance it’s not the weather that injures you – it’s your workplace’s failure to respond to that weather correctly and failure to provide you with a safe system of work.
Bad weather claims can be challenging depending on the circumstance, but they are definitely possible, so don’t dismiss or second-guess your options without first seeking legal advice.