
General Safety Orders
Title
Permanent
floors and platforms shall be free of dangerous projections or
obstructions, maintained in good repair, and be reasonably free of
oil, grease, or water. Where the type of operation necessitates
working on slippery floors, such surfaces shall be protected against
slipping by using mats, grates, cleats, or OTHER METHODS which
provide equivalent protection.
A few requirements concerning floors

Cost of failure to comply with ADA's requirements
In addition to these harsh penalties, Federal Regulations also make provisions to require your firm to pay all legal expenses of the one who brings the action against you.
Defense
The
one window of opportunity to be found in the Regulations is
wherein it states, "... the Court shall give consideration to any
good faith effort or attempt to comply with this part."
However, the ADA Standards for Accessible Design goes on to state in its analysis of this regulation that "The 'good faith' standard referred to is not intended to imply a willful or intentional standard... that is, an entity cannot demonstrate good faith simply by showing that it did not willfully, intentionally or recklessly disregard the law."
In other words, "I didn't intend to violate the regulation" is not a defense. The only defense that you can hope to use to reduce the amount of penalty to be levied against you is to take action now to bring all floor surfaces covered under the ADA in compliance with the ADA regulations.
Are you covered?
The ADA Standards for Accessible Design specifically lists and includes as public accommodations
restaurants, hotels, theaters, shopping centers, dry cleaners,
Laundromats, doctors offices, pharmacies, libraries, parks, private
schools, day care centers, convention centers, amusement parks,
health spas, bowling alleys, and zoos.
IRS Incentive in complying
with ADA requirements
The
IRS has provided that small businesses can deduct up to $15,000.00
for certain removal of architectural barriers to the handicapped
which include modification of the floor surfaces to make it comply
with the non-slip guidelines. In addition, certain small businesses
can receive a tax credit of up to $5,000.00 for money spent to comply
with ADA regulations.
Static Coefficient of Friction Accepted Industry Standards (SCOF) as adopted by Underwriters Laboratory (UL) and the American Society of Testing and Materials (ASTM)
.60 or above - Very Safe
.50 to .59 - Relatively Safe
.40 to .49 - Dangerous
.35 to .39 - Very Dangerous
.00 to .34 - Unusually Dangerous
The Ceramic Tile Institute identifies tiles in three categories
.60
or above - Slip-Resistant
.50 to .59 - Conditionally Slip-Resistant
Less than .50 - Questionable
A static anti-slip coefficient of friction of .50 or above is considered a safe walkway surface with a dry condition. A reading below .50 is considered an unsafe walkway surface (Source: The Slip and Fall Handbook, by S. I. Rosen, Hanrow Press).
The SCOF is dramatically reduced when an untreated flat tile surface is subjected to water, or other wetting agents. The SCOF of a treated surface complies with the above industry standards.
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The
#1 cause of accidents in Homes, & Public Buildings including
“taverns”
(70%
occur on flat and level surfaces)
The #2 leading cause of defined accident injuries throughout the United States. (auto accidents #1)
The #2 cause for Workman’s Compensation and Liability claims (40% of all claims paid out)
STATISTICS SHOW THAT;
25,000 slip & fall injuries require hospital care every day (over 9 million per year)
More then 300,000 are “disabling” injuries.
35% of all work related injuries are slip & fall accidents and account for 65% of lost time from work.
Nation wide there are 95,000,000 days lost from work each year due to a slip & fall.
The average medical & indemnity cost per slip/fall claim 2000-2001 was $18,838, 2002-2003 was $20,228 (National Safety Council)
The average liability law suit cost; is $50,000. to Defend, and just over $100,000.in Judgments, (OSHA)
The Research Institute: (using Bureau of Labor Statistics)
The most frequent disabling injury in the restaurant industry include same-level falls 25.3%.
Pizza Marketing Quarterly (article entitled Worker Injuries Injure Restaurant Profits)
Slip and fall injuries are the single most restaurant disruption and can cause sever disabilities.
National Resource on Aging and Injury:
Every hour an older adult dies as the result of a fall.
Falls
account for two-thirds of all accidents among older
adults.
Statistics show that 66% of injury cases for people 65
years or older were a result of a fall, and over 75% of slip-fall
deaths occur to people 65 or older.
Liberty Mutual Survey, Press Release:
95% of respondents believe workplace safety has positive impact on a company’s financial performance
24% report a substantial positive impact
86% of respondents feel workplace safety provides a return on investment
61% of executives say $3 or more saved for each $1 invested in workplace safety
13% report $10 is returned for each $1 invested
93% report a close relationship between the direct and indirect cost associated with a workplace accident
40% feel that between $3 and $5 dollars of indirect costs exist for each $1 of direct costs
The median response was that $3 of indirect costs exist for each $1 of direct costs
82% of respondents feel their company currently places a priority on workplace safety.
Liberty Mutual also finds:
Falls on some level the second most common workplace injury in 2002 accounting for 12.5% of all injuries costing $6.2 billion.
According to the National Council on Compensation Insurance’s Detailed Claim Information
For 2002 and 2003 the average medical and indemnity direct cost for all workers’ compensation claims was $17,787
Common slip-and-fall accidents carrying a direct cost of $20,228
Add to that indirect cost, such as increased insurance premiums; damaged equipment and/or facilities; hiring, training or retaining; and loss of production and/or quality, which are often 3 to 7 times direct cost, and that $20,000 slip-and-fall accident could wind up costing business $80,000 - $120,000 or more if the employee takes the matter to court or workers’ compensation premiums go up
If the injured person is a customer it is very possible for these numbers to be much higher.
Lost time for investigation, lost time for co-workers training, need to higher temporary worker, training new worker, loss production and/or quality, employee moral, bad publicity, loss of customers, increased insurance premiums, damaged equipment and/or facilities, correcting physical hazard, regulatory fees.
Currently many insurance companies are encouraging small businesses to do everything they can to reduce the exposure to slip & fall accidents, and to make sure their insurance policy includes premises liability coverage for slip-and-fall lawsuits. Claims for slip & falls, have unlimited Liability Risks. Unlike a finger getting severed, or something similar, where the liability has a set dollar amount, a slip & fall suit could be for any amount.
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