The accumulation of snow and ice creates hazardous conditions for staff and visitors to your facilities. To help mitigate the risk of injury, all parishes, schools and institutions in the diocesan insurance program are encouraged to develop a snow and ice removal plan.
To begin, designate a specific employee to oversee the snow and ice removal plan. Second, put the plan in writing and review it with staff before the winter season begins.
Elements of a Plan
- Determine and document priority areas for snow and ice removal in advance, such as parking lots, driveways, sidewalks and handicap-accessible parking areas.
- Put snow/ice removal equipment, such as lightweight shovels, snow blowers and ice choppers, in place and make sure all equipment is operational.
- Order the necessary supplies and designate an employee to ensure your stock does not run low. Supplies should include salt, sand, and/or pre-mix.
- Determine which staff member will be responsible for removing the snow/ice and under what conditions (i.e., when snowfall is less than two inches). In the event that snow will begin falling overnight, document the time in which the staff member will begin snow removal work the following morning.
- Ensure that a communication plan is in place to let employees and volunteers know about delayed openings or closures.
- Document the procedure for working with a snow removal service.
Contract Considerations
The amount of snowfall and the size of your grounds will determine whether snow removal can be done by an employee or if you will need the services of a snow removal contractor. Generally, when the snowfall is greater than two inches, the use of a contractor is recommended.
Specify in writing when the contractor is required to perform duties, and specify the duties. For example, is the parish required to contact the contractor, or does the contractor begin after a specified amount of snowfall? Include other requirements, such as whether salt or ice melt is to be applied and to which areas. The parish should provide the contractor with a drawing of the property that designates parking lots, walkways and other priority areas. If priority areas change depending on the day of the week (i.e., parish traffic patterns may differ for weekend Masses versus daily Mass or school days), be sure to provide these details.
When entering into a contract with a snow removal service provider, the contract should include the provision that the parish and diocese are both held harmless with regard to liability arising out of the contractor’s snow removal activities.
Certificate of Insurance and “Additional Insured”
Request a certificate of insurance from the contractor showing liability limits of at least $1,000,000 in coverage for general and auto liability, and that workers compensation insurance in place. In the case of a parish/school, the certificate must also show as additional insured the parish/school, the Pastor, the Diocese of Trenton and Bishop David M. O’Connell. For non-parish entities, the certificate should show the entity, the chief executive officer thereof, together with the Diocese of Trenton and Bishop David M. O’Connell, as additional insured.
The term of the contract should be for one year without an automatic renewal. Review the contract and assess the service at the end of each winter and make a decision at that time about renewing the contract.
When Injury Occurs
An employee or volunteer who is injured while removing snow or ice may be covered under workers compensation coverage or a volunteer accident policy. For this reason, if an employee or volunteer is removing the snow or ice from the premises, it is good practice to keep a log of the following details:
- Name of person performing duties
- Date of snow removal
- Indication of the conditions (i.e., amount of accumulation)
- Time employee/volunteer began duties and time he or she ended
- Specific areas that were shoveled/salted
Leased Property
A parish is legally responsible for snow removal from the property it leases to tenants. The parish may, however, transfer the associated risks to the tenant by:
1.) Stating in the lease agreement that the tenant is required to clear the lease premises of any snow and ice;
2.) Including in the lease agreement an indemnity and defense clause to the benefit of the parish; and
3.) Obtaining a certificate of insurance from the tenant naming the parish and the diocese as additional insureds. This certificate of insurance should be kept on file and renewed annually as long as the tenant is leasing the property.
If you have any questions about your duties and liability in regard to property you are leasing, please contact Deacon Bill Wilson, telephone 609-403-7182 or email:
bwilso@dioceseoftrenton.org.