What's made you grumpy today?

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What's made you grumpy today?

such measures as it is reasonable

clearing a path is reasonable, closing the school is extreme

Reasonable to as what?

so far as is reasonably practicable

or

as low as reasonably practicable

Reasonably practicable which is the main underpinning to HASAWA

Reasonably practicable is a narrower term than 'physically possible' and seems to me to imply that a computation must be made by the owner in which the quantum of risk is placed on one scale and the sacrifice involved in the measures necessary for averting the risk (whether in money, time or trouble) is placed in the other, and that, if it be shown that there is a gross disproportion between them - the risk being insignificant in relation to the sacrifice - the defendants discharge the onus on them.

— Lord Justice Asquith




In clearing a path.... How clear do you need to make it?

what if someone visiting your site uses a none cleared path?

(by clearing one path you have displayed you are aware for potential injury and have done a half arsed job which takes you out of the scope of Reasonably practicable could you say in court the reason you cleared path A and not path B given Miss Small Smith walks down that path every day to class?)


unless the school has a pile of crowd control barriers to control pedestrian access and limit movement only to safe cleared areas.... think of why they put fences round building sites when years ago they used this stuff on a few poles or cones..if you was lucky But they found children could get under it and go hurt themselves

Barrier%20Tape%20Sticky.jpg



Every fire exit will need to be cleared to the assembly points

Emergency routes and exits

14.—(1) Where necessary in order to safeguard the safety of relevant persons, the responsible person must ensure that routes to emergency exits from premises and the exits themselves are kept clear at all times.

(2) The following requirements must be complied with in respect of premises where necessary (whether due to the features of the premises, the activity carried on there, any hazard present or any other relevant circumstances) in order to safeguard the safety of relevant persons—

(a)emergency routes and exits must lead as directly as possible to a place of safety;
(b)in the event of danger, it must be possible for persons to evacuate the premises as quickly and as safely as possible;
(c)the number, distribution and dimensions of emergency routes and exits must be adequate having regard to the use, equipment and dimensions of the premises and the maximum number of persons who may be present there at any one time;
(d)emergency doors must open in the direction of escape;
(e)sliding or revolving doors must not be used for exits specifically intended as emergency exits;
(f)emergency doors must not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency;
(g)emergency routes and exits must be indicated by signs; and
(h)emergency routes and exits requiring illumination must be provided with emergency lighting of adequate intensity in the case of failure of their normal lighting.







How about disabled access and added care needed for elderly (gran comes to drop the kids off at school for example) and slips on slippery grit?




Cleaners in most schools are part time so once the floor is mopped after school its going to stay wet and slippery until at least home time when they come on shift to clean again.... And Due to silly things like COSHH the cleaners cupboard with all the mops and the like in are usually locked up so even if someone takes the intuitive and wants to mop the floor they can't get the mop out... And isn't competent to do the task even if they do mop their own kitchen floor every week at home...


Or someone has an accident on the school drive and a child ends up dead under a car The Media would be quick to jump on a story like that.....


From the Head teachers / council / paperwork side of things its much easier to shut the doors.....

(not saying this is right But these are all the issues the school has to take into account) and many more for a bit of snow.... along with everything else)
 
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Reasonable to as what?
reasonable enough to make sure you liability insurance is valid

In clearing a path.... How clear do you need to make it?
Clearly, the timing and extent of any snow fall is relevant. Whilst it might not be reasonable for paths to be cleared during heavy falls of snow, the longer the snow and ice remains on the ground after the fall has ceased, the greater the likelihood of it being considered reasonable for some attempt to clear it to be made."

what if someone visiting your site uses a none cleared path?

You should take actions that are ‘reasonable in the circumstances’. This can include ensuring that entry and exit routes are kept free of anything that may cause a person to slip, and taking preventative measures such as clearing and gritting paths.

It is not necessary to ensure that each and every available path is immediately cleared, as long as there is at least one safe route available to access the building.

Persons (and their parents) have to ensure they have taken all measures to insure their own safety, so if there is a clear path and that isn't used they haven't. the solicitors acting for the insurance company will use that to win the case.
 
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reasonable enough to make sure you liability insurance is valid

You ever seen an insurance renewal for a none motor related public liability insurance after you've had a claim? I know on a small scale domestic level it's not pleasant!

It's not only about having the insurance, but about preventing having to use it. You insure your car, but you don't go out and drive in a manor which will result you having to use it on every journey.
 
What is more, many companies are inserting adverse weather policies into their employment contracts, meaning that employees will not be paid if they are unable to attend work because of adverse weather. Teachers on permanent contract are still paid when schools are closed.

Most places where you're not on a salary are like this anyway. And so it should be, why should a company pay you if you've not made it in to work. Only time I'd agree there could be a grey area is when parent has to look after kids at home as schools closed.

as much as i believe the posts that schools are always getting sued because kids fall over

But they don't, as they close.
 
What is more, many companies are inserting adverse weather policies into their employment contracts, meaning that employees will not be paid if they are unable to attend work because of adverse weather. Teachers on permanent contract are still paid when schools are closed.

Nothing unusual there. If I don't attend work for any reason other than sickness backed up with a sick note I don't get paid.
 
Most places where you're not on a salary are like this anyway. And so it should be, why should a company pay you if you've not made it in to work. Only time I'd agree there could be a grey area is when parent has to look after kids at home as schools closed.

why should the teachers that don't turn up get paid? as is the reason given for many schools closures today where some staff and pupils turned up and decision to close has been made on staff shortage only.

parents can take out "school closure insurance", it don't pay for the first day but it does for 5 days after, its £30 a year per kid and pays £100 a day. it don't matter why the school has closed to claim, can be snow or the roof fell off.

but that don't stop grandad being grumpy having got up early prepped his car for school run, then find out that school has closed. for the only reason that the school across the road where the teachers kids go is closed.

it also don't matter how many post that i'm not allowed to be grumpy about it, it made me grumpy so it gets posted.
 
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