Non-slip and slip-resistant floor finishes in the workplace

On the 23rd October 2009 the HSE revised the regulations for slip-resistant floor finishes in the work place. Regulation 12 of the Workplace (Health, Safety and Welfare) Regulations 1992 state that:

Every floor in a workplace and the surface of every traffic route in a workplace shall be of a construction such that the floor or surface of the traffic route is suitable for the purpose for which it is used.
Without prejudice to the generality of paragraph (1), the requirements in that paragraph shall include requirements that -
1. the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety and
2. every such floor shall have effective means of drainage where necessary.
So far as is reasonably practicable, every floor in a workplace and the surface of every traffic route in a workplace shall be kept free from obstructions and from any article or substance which may cause a person to slip, trip or fall.

In Ellis v Bristol City Council, [2007] ICR 1614 CA ([2007] EWCA Civ 685), the Court of Appeal considered the standards of flooring and transit routes required of workplacesand judged that:

"If a smooth floor is frequently and regularly slippery, because of a substance which lies upon it, albeit only temporarily, the surface of the floor may properly be said to be unsuitable, if the slipperiness is such as to give risk to a risk to the health and safety of those employees using it."

Regulations 12(1) and 12(2) cover permanent or frequently occuring hazards on floor spaces and walkways whereas 12(3) covers less frequent or occaisional hazards. Where spillages or hazards occur more frequently than usual they cease to be covered by 12(3) and instead are an obligation as stated in 12(1). In Ellis vs Bristol City Council, this was ruled to be the case in a care home where the incontinence of residents caused incidences of urine on the floor of a corridor. Ellis gives this interpretation of 'regular and frequent' contamination:

Corridor floors were frequently found to be wet due to service users suffering incontinence. When wet, corridor floors were slippery and both staff and service users had been known to fall. Due to the colour of the floor, it was not easy to spot, and thus avoid, a wet patch on the floor.
It was not at all uncommon for a member of staff to find that a resident had urinated on the floor - this would happen several times a week.
Staff were mopping up urine several times daily.

The decision in Ellis should be seen as a guideline rather than a threshold or hard and fast rule. Paragraph 93 of the ACoP (Approved Code of Practice) L24 states: 'Surfaces of floors and traffic routes which are likely to get wet or to be subject to spillages should be of a type which does not become unduly slippery. A slip-resistant coating should be applied where necessary. Floors near to machinery which could cause injury if anyone were to fall against it (for example a woodworking or grinding machine) should be slip-resistant and be kept free from slippery substances or loose materials.'

Occassional spills such as drinks may not be sufficient to transfer the employers obligation under 12(3) into a requirement to provide non-slip flooring. 12(3) means the employer must prevent or manage the spills so far as is reasonably possible. Positioning "caution slippery floor" cones around a spill until it can be cleaned up would be an example of managing a spill.

Recommended Products:

Active Products Anti Slip Tape A55096 (Black). £5.98 a roll from B&Q.

Anti slip tape is ideal for stair treads, slopes, ramps, walkways, scaffolding, platforms, ladders, industrial equipment, construction equipment and more.

Active Products Anti Slip Tape A55102 (Yellow/Black). £5.98 a roll from B&Q.

A waterproof, self adhesive PVC tape coated with abrasive grit. Ideal for stair treads, slopes, ramps, walkways, scaffolding, platforms, ladders, industrial equipment, construction equipment and more.

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