Expert witness finds blind
spot in
safety underfoot
 An expert witness in workers compensation and public liability
court cases says Australian employers and public building
managers face potentially huge payouts and even jail
if they continue to underestimate dangers posed by slip
and fall accidents.
Mr Michael Siegle says that – despite such accidents
accounting for 20,000 new workers compensation cases year – many
employers and owners continue to focus mainly on above-ground
safety.
“Safety measures such as signage, protective clothing,
safety glasses, hearing protection and helmets are all
very worthy in their own right, but they count for little
if a worker or customer slips over on a damp or greasy
surface. You can be all dressed up for safety but you will
still break your bones or strain your back if you fall
over. As a country, we seem to have something of a blind
spot for underfoot safety, ” says Mr Siegle, whose
testimony is regularly tendered to courts in public liability
and workers compensation cases.
Sprains or strains of joints or adjacent muscles now account
for more than 50 per cent of new workers compensation cases
recorded by the National Occupational Health and Safety
Commission, says Mr Siegle, who is Managing Director of
the General Mat Company, which distributes some of the
world's leading types of ergonomic, anti-fatigue and safety
matting.
He said one recent successful prosecution involved the
proprietor of a public building who had maintained safe
underfoot conditions until a visitor came in from the rain
and spread water about the floor.
“Despite the fact that the accident victim brought
in the water upon which she subsequently slipped, the judgement
said the building owner was liable because he should have
provided flooring that provided for this contingency.
“It might not sound very fair, but this type of
case is going to get much more common in
Australia as we follow the US model, where the 25,000 slip/fall
accidents reported by the National Safety Council in the
US are costing that country about $US3.5 million dollars
an hour, or $US30 billion a year – which is more
than the Australian Federal Government spends on health,
education and welfare combined.
“Much of the expense involves public liability and
a significant part involves workplace claims. This is a
grim warning to Australia, because our population aging
profiles are following theirs very closely - and so are
our public liability and workplace liability claims, says
Mr Siegle, whose company represents leading international
brands of safety, anti-fatigue, entrance and ergonomic
matting, supplied by the Tennessee Mat Company and The
Andersen Company, whose products are designed to prevent
claims. The General Mat Company has subjected several of
its top selling products to independent CSIRO testing to
demonstrate their safety.
Mr Siegle said cases in which he had given expert testimony
recently involved:
- A customer visiting a fruit shop where grapes
were displayed at a slight angle, causing some to fall
onto the floor where the customer slipped upon them.
Counsel for the injured woman told the court that fruit
shops were
prone to such problems and could have anticipated them
by providing anti-slip mats that were grease and chemical-resistant.
- A visitor to a service station who slipped on
water brought onto its hard floors by customers coming
in from the rain. The court was told such problems could
reasonably have been anticipated by providing entrance
matting of a type designed to absorb water and mud. The
absence of such matting was a failing common to both
public buildings and workplaces, said Mr Siegle.
- A customer leaving a restaurant
who slipped on fat and oil that had accumulated outside
on a brick paved
area. Counsel for the woman – who broke her arm – said
it appeared safety of the restaurant user could have
been enhanced considerably by the use of a mat immediately
outside
the door where people could wipe their feet upon entry
and which would absorb any oil trodden into the area
when people left.
The case showed safety doesn’t stop at a business’ front
door, said Mr Siegle.
The latest figures from the National Occupational Health
and Safety Commission (NOHSC) show Australian industry
now has well over 20,000 new workers compensation cases
a year where falls, slips and trips result in death, permanent
disability or a temporary disability resulting in an absence
from work of more than a week.
Such cases are inextricably linked with the safety of
floor surfaces, says Mr Siegle, noting that the slip resistance
of any surface is determined by the Coefficient of Friction
(COF) on the surface. The COF is the horizontal force divided
by the vertical force. The higher the coefficient of friction
reading, the less slippery a surface.
“Coefficient of Friction has become an important
measure of performance for floor surfaces and to the anti-fatigue
and safety matting industry. To guard against slip and
fall accidents, the American OSHA recommends a static coefficient
of friction of .5. The Americans with Disabilities Act
(ADA) specifies a coefficient of friction of .6 on flat
surfaces and .8 on ramps.
“With these recommendations in place, the concept
of slip resistance has basically been elevated to a civil
right. Right now, the static coefficient of friction of
.5 is seen as legal and enforceable benchmark for slip-resistant
pedestrian walkways. Similar standards of protection will
ultimately arrive in Australia – it is not a question
of if, but when.”
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