The storm is howling, and the last thing you and your snowplow drivers are thinking about is liability. The only thing important right now is clearing the drive or walk and getting on to the next property. Sound familiar? Unfortunately, one of the biggest issues today facing snowplow contractors is liability and the potential loss of insurance coverage, says Bob Kinnucan, president of Kinnucan Co. in Lake Bluff, Illinois. Avoiding or reducing accidents and claims should not be an afterthought. Instead, it should be on the minds of everyone plowing snow.
Safe Operation Tips
Kinnucan has been removing snow from customers’ properties for 40 years, and he has some tips regarding snowplow liability and the safe operation of snow removal equipment. “Before the first snow, we hold driver meetings to review snow removal strategies and the operation of equipment. Then, operators drive their routes, first by daylight and then in the evening, to acquaint themselves with properties. We also give all our drivers extensive safety training and encourage them to keep in good physical condition throughout the snow season. That means not coming to work if they are sick or not getting enough sleep and being aware of weather conditions so early morning phone calls are not surprises.”
This veteran has these other tips for snowplow operators:
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Make sure to get out of the truck every hour or so to get some fresh air.
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Keep a window open to maintain a supply of fresh air in the cab.
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Avoid operating the heater at “full blast” because too much heat will cause drowsiness.
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Stop to rest before getting overtired.
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Be alert at all times and vigilant about looking to the sides and to the rear of the truck for people and vehicles.
Kinnucan also advises his company’s operators to never tow a car or jump a battery. “Instead of offering direct assistance, we tell our snowplow drivers to call for assistance,” he emphasizes. “Acting as a garage or towing company can needlessly expose a company to damaging a vehicle and other liability concerns. I tell our drivers they are operating snowplows and not tow trucks.”
Reducing Liability Exposure
Just operating in a safe manner will help reduce liability exposure and claims. However, in today’s environment of rising insurance costs and with the real threat of not being able to get insurance, snowplow contractors need to do even more. They can start by making sure any claims submitted by their customers are legitimate, Kinnucan stresses. “The damaged mailbox or broken lamppost may not have been your fault at all. Protect yourself by documenting your operation. On each job, our snowplow drivers write down the precise time that they were on a property and what they did, to the minute. We also mandate that they report any damage, no matter if they caused it or if it occurred prior to their arrival.”
The documentation process is helpful in other ways, too, he adds. “In Illinois, contractors are not exposed to liability until they provide the service. For example, if a customer slips and falls on a drive before a contractor applied ice-melt, the contractor would not be held liable. If the accident occurred afterwards, he may be held liable. Keeping records and being aware of state laws is invaluable.”
Kinnucan notes there are other ways to reduce snowplowing liability. “If you use subcontractors, make sure they assume the liability and are responsible for any damage they cause. Similarly, in your customer contracts, disclaim any incidental damage to turf, light fixtures, plant material, and drives. Snowplowing is an extreme sport, and property is bound to get damaged, especially in a storm emergency. You can keep damage to a minimum, but you cannot prevent it from happening.”
Be Proactive
He continues, “Be proactive. Put down ice-melt before the ice or snowstorm, instruct your drivers to stay at least two feet away from parked vehicles, and make sure equipment is checked out and ready to go, just like race day. Also, make it a habit to communicate with customers prior to the snow season. For example, we notify our customers in writing what we expect from them when it snows. At a minimum, we want drives to be clear of vehicles and obstructions marked. Drivers also need to know who to contact if a problem should arise.”
As Kinnucan reiterates, one of the biggest issues facing snow contractors today is the cost and availability of insurance. Making sure snowplow drivers are trained in safe operating procedures, reducing liability exposure, and keeping claims to a minimum used to be smart business. Today, he emphasizes, it is the only way to stay in business.
11/03
By Rod Dickens, ALCA Contributing Writer
