In today’s retail landscape, challenges abound for American retailers. The rise of e-commerce, increasing rents, and soaring real estate costs are significant hurdles. Yet, there’s another critical issue affecting the bottom line: safety-related lawsuits. This problem is particularly frustrating because it is entirely preventable if store-level employees adhere to established rules and guidelines.
Retailers invest significant effort into producing crucial documentation such as employee handbooks, merchandising guides, and safety manuals. These documents are meticulously developed to communicate known, preventable accidents and issues to every employee. They clearly state procedures and protocols for potential incidents and outline the types of safety issues to be vigilant about.
The Importance of Comprehensive Safety Guidelines
The scope of safety guidelines can vary depending on the retail store. Some provide broad best practices and common-sense advice, while others, especially those dealing with heavy machinery or other potential hazards, offer detailed instructions. The ultimate goal is to establish rules that align with legal expectations and outline the consequences of ignoring them.
Form Follows Function in Retail Design
One golden rule in retail design is that form follows function, a principle heavily influenced by ADA regulations. These regulations address aisle widths, the alignment of gondola runs, the elimination of obstructions, and ensuring customer access to products without strain. Once the functional aspects of a store layout are defined, the form of displays and aisles can be designed to meet product offering needs, branding strategy, and other considerations.
The Dangers of Shortcutting Safety
Relying on shortcuts, like the “Cliff Notes” version of safety guides, can have dire consequences. In my experience as a retail expert witness in over 200 liability cases, two common denominators have emerged: every case was preventable had staff adhered to the rules, and many incidents involved merchandisers improperly using aisle space after receiving a certificate of occupancy based on an approved fixture plan.
Common Safety Violations
Basic corporate guidelines are often clear and straightforward:
- Do not exceed product presentation over the display base line into the aisle.
- Do not place vendor or promotional displays into aisles at minimum ADA width.
- Do not place pallets in the aisle without correctly loading the product to a 36-inch height and within an inch of the pallet perimeter.
- Avoid using makeshift tables, boxes, or carts as displays that could cause trips in high-traffic areas.
Despite the clarity of these guidelines, violations continue to occur, often because someone prioritizes boosting volume and profit over safety. Unfortunately, many store staff members only recognize a hazardous condition after an injury has occurred. Proper inspection and staff training, though often logged and executed, sometimes fall short in preventing severe customer injuries.
Responsibility and Vigilance
Ensuring a safe shopping experience requires vigilance from various parties:
- Display Manufacturers: They must consider safety in the design phase and refuse modifications that compromise it, even if cost savings are at stake.
- Corporate Retailers: Executives must enforce strict adherence to planograms and safety guidelines, clearly defining safe display areas in floor plans.
- Store Staff: Employees must undergo proper training, refresh their knowledge annually, identify hazards, report concerns to management, and address issues promptly. Upper management must supervise and ensure compliance with safety manual regulations.
By actively participating in creating a safe environment, everyone involved can significantly reduce the risk of accidents, thereby protecting both retailers and customers. Reading and following the safety guide is not just a formality; it is a fundamental step in maintaining an accident-free store.
As a retail expert witness, I cannot stress enough the importance of these guidelines. Whether you are dealing with a slip and fall case, a trip and fall case, or any retail injury, adhering to safety protocols is the key to prevention.
Jerry Birnbach, Retail Expert Witness
Specializing in retail design, commercial injury, and safety compliance
Original article appeared in Los Prevention Magazine on 9/9/2019
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