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→Record Keeping
====Record Keeping====
====Record Keeping====
Responsibilities for tracking winter conditions and maintenance activities should be shared by contractors and property management staff. On-site cameras can be particularly useful in this regard, particularly if the feeds' from these cameras are also shared remotely with contractors. Tracking equipment can help resolve potential conflicts between property management and contractors, contribute to learning through trial and error, ensure the winter maintenance plan is being followed and provide due diligence evidence in the event of slip and fall lawsuits. Liability for "slip and fall" claims associated with winter maintenance are outlined under "''[https://www.ontario.ca/laws/statute/s20033 Bill 118 - Ontario’s Occupiers’ Liability Act'']". The Act was recently amended in January of 2021 and effectively disallows "''any action for personal injury damages caused by snow or ice conditions against an occupier or independent contractor employed to remove snow or ice from the premises when the injury occurred unless a written notice of the claim is personally served on or sent by registered mail to such the occupier or independent contractor within 60 days''" (Kennaley, 2021)<ref name="example4">Kennaley, R. 2021. Legislative solutions to slip and fall liability - Ontario’s Bill 118 marks huge step in the right direction. Landscape Ontario. Accessed - May 8 2022: https://landscapeontario.com/legislative-solutions-to-slip-and-fall-liability</ref> (some exceptions apply if the injury results in death, along with other more extreme cases). These recent changes will result in a reduction in associated claims and insurance payouts, thus leading to likely lower insurance premiums for contractors that historically have been high since the 1990s<ref name="example4" />.
Responsibilities for tracking winter conditions and maintenance activities should be shared by contractors and property management staff. On-site cameras can be particularly useful in this regard, particularly if the feeds' from these cameras are also shared remotely with contractors. Tracking equipment can help resolve potential conflicts between property management and contractors, contribute to learning through trial and error, ensure the winter maintenance plan is being followed and provide due diligence evidence in the event of slip and fall lawsuits. Liability for "slip and fall" claims associated with winter maintenance are outlined under "''[https://www.ontario.ca/laws/statute/s20033 Bill 118 - Ontario’s Occupiers’ Liability Act'']". The Act was recently amended in January of 2021 and effectively disallows "''any action for personal injury damages caused by snow or ice conditions against an occupier or independent contractor employed to remove snow or ice from the premises when the injury occurred unless a written notice of the claim is personally served on or sent by registered mail to such the occupier or independent contractor within 60 days''" (Kennaley, 2021)<ref name="example4">Kennaley, R. 2021. Legislative solutions to slip and fall liability - Ontario’s Bill 118 marks huge step in the right direction. Landscape Ontario. Accessed - May 8 2022: https://landscapeontario.com/legislative-solutions-to-slip-and-fall-liability</ref> (some exceptions apply if the injury results in death, along with other more extreme cases). These recent changes will result in a reduction in associated claims and insurance payouts, thus leading to likely lower insurance premiums for contractors that historically have been high since the 1990s (Kennaley, 2021)<ref name="example4" />.
====Responsible Procurement====
It is important that winter maintenance contracts be structured not only to ensure that salting and plowing activities promote safe conditions throughout the winter, but also to ensure that contracts are oriented towards minimizing the harmful effects of salt on freshwater ecosystems, drinking water, soils, vegetation and wildlife. Property owners, businesses and contractors have control over how much salt is applied through their snow and ice management contracts, and the diligence with which they manage and oversee these contracts. Some clauses and conditions that can be included in contracts to promote responsible use of winter salts include:
*Requirements that snow and ice professionals be Smart about Salt certified;
*Specification that various best management practices be used;
*Clearly articulated expectations for level of service and salt application rates based on weather and site conditions;
*Requirements for record keeping on salt use, time of applications and location;
*Avoiding excessive use of hold harmless clauses that place undue legal liability burdens on contractors;
*Structuring contract pricing structure based on number of events or season to avoid incentivizing salt use.
Examples of the types of best management practices that may be considered when preparing contracts are also provided in a report prepared by TRCA (2019), along with estimates of the impact on salt use, and the potential influence these may have on contract costs. Include table on the right?
==Salt Alternatives==
==Salt Alternatives==