Who pays the bill when a shopper slips and falls in a retail store? If the floor is cleaned by a building service contractor, it’s probably the BSC’s insurance company, which will then pass the bill on to the contractor through increased rates.

It probably won’t be the store — BSC clients include an “indemnification and hold harmless” clause in their cleaning contract, which requires the cleaning contractor to defend the customer from any lawsuits involving the contractor’s employees or lawsuits and damages resulting from contractor negligence.

This explains these headlines — “Wal-Mart Not Responsible For Contractor’s Failure To Prevent Slip-And-Falls” (Associated Press, May 2002), and “Slipping Straight To The Jury” (Miami Daily Business Review, Dec. 2001).

The National Floor Safety Institute (NFSI) reports that last year slip-falls cost this country $60 billion. NFSI also reports the average cost of a slip-fall workers’ compensation claim is $4,000 and the average liability award ranges from $60,000 to $100,000.

Too often, slip-fall cases are decided on a “he said, she said” basis. Now, however, objective measurement of cleaning has been suggested to the cleaning industry as a means of quantifying performance and setting measurable standards. Reliable measuring devices include coefficient of friction (COF) testers such as the Universal Walkway Tester (UWT), gloss meters and devices to measure ATP (adenosine triphosphate). These same methods could also indicate safety and health hazards, thus allowing contractors to correct cleaning procedures, avoid accidents and lawsuits, and better serve their customers.

The Consumer Product Safety Commission has been testing the UWT and has published their findings. They concluded that the UWT could be considered an accurate recording device and therefore would be a useful tool in the field.

NFSI also recently released results of a test conducted on household cleaning products determining the products effect on the coefficient of friction of a floor covering. Ten of the 18 products tested caused the floor to become more slippery. Although this was a household test, BSCs can test their own chemicals.

Document due diligence
Many of the changes in cleaning have been driven by legislation, regulation, lawsuits or increased insurance premiums. Building service contractors could take the lead and voluntarily develop due diligence programs to reduce slips and falls, reduce their own liability exposure, reduce workers’ compensation claims, save money, and make themselves more attractive to customers.

To do this, the BSC could institute a floor safety assurance program and establish a due-diligence procedure with a goal of reducing slips and falls.

Contractors who test their customers’ floors could determine that they are using improper cleaning chemicals, improper cleaning procedure or the wrong type or amount of floor finish; they then can modify their operations accordingly.

Documentation of this due diligence and remediation could be used to dismiss liability cases or reduce the award, if the judge or jury finds the floor was not slippery according to reliable measurements. This also might help with insurance rates — several groups of insurance underwriters recently heard a presentation for a floor safety assurance plan and are actively seeking to make it part of their facility-survey form.

Here is an opportunity for contractors to be proactive and make a positive impact on a very real problem for their customers, and for their customers’ customers. Develop and institute a floor safety assurance program, measure coefficient of friction, use proper products, and document, document, document.

Steve Spencer is cleaning and interior maintenance senior specialist for State Farm Insurance. He also will host a seminar on “The Language of Clean” for housekeeping professionals at the ISSA/INTERCLEAN Show, Oct. 15 in Chicago.




POSTED ON: 9/1/2003