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Snow and Ice Management sess GPS phones, their activity can instantly and easily be tracked and recorded. Information on when the crew was dispatched, what time the job was started, and how long it took to complete will be crucial in court, even several years down the road. Once an insurance policy is intact and a job ticket system has been implemented, the next step is setting up a provisional con- tract with each client prior to the start of the winter season. Sign on the dotted line Most business arrangements or agreements will begin with some sort of contract. The document allows one party to set up stipulations and conditions for which it expects the other party to adhere. Ability to set up specific criteria beforehand is a wise decision if liability issues are pertinent to the business. When starting a relationship with a new client, many will draw up a non-contributory contract. This means the store or client will not contribute to or be a part of a liability claim — it is the sole responsibility of the snow removal contractor. If a customer or employee injures himself or herself, the contractor takes the blame, not the client. In addition to placing all liability on the contractor, this type of agreement states a client in turn cannot instruct a contractor how to service their property. He or she cannot say where to put the snow, how much salt to use, hold off servicing during the night, and so on. If instructions are given to the snow re- moval contractor, the client assumes all responsibility for any potential slip and fall claims. Since the he-said she-said game can get quite messy if the issue is brought to court, it's best to avoid client instructions altogether. A significant consideration to discuss with the client before- hand and to include in the contract is how much of the prop- erty to plow. Some clients will request just the lot be serviced while others expect sidewalks and walkways to be cleared of snow and ice as well. Be sure these parameters are clear so any future misunderstandings can be avoided. Most slips and falls occur on high traffic areas, like sidewalks and walkways, so clearing them in a timely fashion and applying the appropriate material to melt the ice — especially in subzero temps — should be a top priority. A longtime standby and pop- ular choice for many contractors is spreading salt on slick sur- faces. To salt or not to salt In many icy situations, salt may be the answer to preventing slip and fall claims. It's easy to apply, and it counteracts the slip- pery effects of ice on the pavement. But before spreading it im- mediately after the snow is cleared, it's important to also understand the possible drawbacks that come with relying too heavily on salt. In many cases, low temperatures may prevent salt from doing its job. It's most effective when the temperature is 20 degrees Fahrenheit and above, and will work best when the sun is out to activate it. Because of these specific required conditions, salt may not be the best choice for every situation. Another factor to consider is the possibility of a salt shortage. In areas with bad winters and numerous snowstorms, the de- 20 Landscape and Irrigation October 2011 mand for salt is high, and it's not uncommon for the city or re- gion supplies to quickly deplete. More than likely, any salt that eventually comes in will go to the large snow removal compa- nies, leaving smaller contractors in a pinch. Although salt has been known to make icy surfaces less slip- pery, and therefore prevent potential accidents and injuries, it shouldn't be the only reliant factor. Since clearing the pavement and walkways of all snow and ice is the best defense against ac- cumulation and accidents, employing effective plow practices will be crucial. Best plow practices Whether the operator is just starting out in the business or is a veteran who knows his or her way around a plow, there are al- ways new techniques and methods to learn. By following some best plowing practices, the threat of potential liability claims will greatly decrease. The first essential consideration when clearing a lot is to be mindful of how the snow is cleared. Make sure snow is pushed to areas where it won't leach back. If it's thoughtlessly piled in random areas or pushed onto islands, it may melt during the day, run off onto the pavement, and freeze at night. If this hap- pens in a higher foot-traffic area, there's a much greater chance for someone to fall and injure him or herself. Again, be sure to reference the contract set by the client. If a non-contributory contract was drawn up, it will be that much more important to put extra thought into the plowing method, as any accident makes the contractor liable. Additionally, arriving at the client's store or business several hours before it opens for the day will go a long way in prevent- ing a slip and fall later in the day. If the job is not complete when the first customer arrives, the contractor has lost the op- portunity to clear that area of snow. Ensuring that all snow and ice is cleared before the first customer pulls into the lot will help avoid potential obstacles. Finally, the job doesn't end after the snow has been cleared. A good contractor will make the effort to follow up at each place of business. In between plowing jobs, it's important to go back to check up on the client's property, especially if the tempera- ture has dropped significantly. Even if it's not currently snowing, be sure to check for things like black ice and areas that have frozen over, and tend to them if necessary. Slip and fall claims are increasing each year, making it ab- solutely crucial to take all the necessary steps to protect a snow removal business from liability claims and lawsuits. With so many lots to plow and customers to serve during the winter months, it may seem like an uphill battle. But taking a proactive approach to prevent liability issues will greatly decrease the like- lihood of financial loss. Randy Strait is president of Arctic Snow & Ice Control Products, a reputable snow and ice management contracting service. With more than 30 years experience in the industry, Strait developed the Sectional Sno-Plow. Today, the Sectional Sno-Plows are available in a variety of lengths, and designed for compact, light, and heavy-duty equipment. www.landscapeirrigation.com LI