"Talking OHS law" with Michael Connolly

As Partner for HWL Ebsworth Lawyers, Michael Connolly, talks to the NSCA about the legal implication of workplace safety.
 

This week he discusses “The work Christmas party - Better safe than sorry"

With the festive season upon us many employers will be turning there minds to making arrangements for the work Christmas Party.

Given the fact that the past year has been tumultuous for a number of organisations, the Christmas Party may be seen as a time to blow off a bit of steam after the pressures associated with the global financial crisis and increase the risk of an employee over indulging.

The location of a Christmas Party arranged by an employer will be the employer’s workplace for the purposes of occupational health and safety and workers compensation legislation irrespective of whether the party is held in the employer’s usual workplace or at an external location.

Irrespective of the warnings given to employers and employees, alcohol related issues continue to regularly occur at Christmas parties.

An employer needs to ensure that it assesses all the potential risks that may arise at the Christmas Party in the same way it assesses other risks in its workplace.

Among the things that an employer should consider when arranging a work Christmas Party are:

• The location of the function – will it be on site at the employer’s normal workplace or at an external location?

• What policies does the employer have in place in relation to consumption of alcohol whilst at work, and are employees aware of the policy and how it is implemented.

• How to communicate the employer’s behavioural requirements at the party to employees.

• To set out clearly defined start and finish times for the function.

• Are there any issues in relation to access or egress to the location (particularly during an emergency), this is particularly so at external locations, which will be unfamiliar to employees.

• When will the function take place – will it be in the evening after work or during normal working hours.

• What sort of transport arrangements need to be organised – is there a need for the employer to arrange alternative transport?

• To ensure the responsible service of alcohol – provide a choice of beverages including low alcohol alternatives and bottled water.

• To communicate with employees when promoting the function, of the employer’s expectation in relation to acceptable standards of behaviour at the Christmas Party, at the same time promoting responsible drinking practices.

• To ensure that food is served at regular intervals.

• To ensure that senior management are in attendance and actively implementing the employer’s policies.

• To consider either stopping the service of alcohol or serving low alcohol alternatives in the hour prior to the scheduled finish time of the function. 

Aside from the OHS implications in the event of an injury to an employee, there are also workers compensation implications at an employer arranged Christmas party.

New South Wales workers compensation obligations extend to journeys to and from work as well as any injury sustained whilst at work. Arranging transport home for employees will go a long way to eliminating the risk of an employee making a “journey claim”.

However, the employer’s liability for a work related or journey claim does not extend in circumstances where an employee decides to “kick on” after the Christmas party has officially ended.

Ensuring the consumption of alcohol is controlled will also assist in minimising the risk of any alcohol fuelled violence erupting between employees and incidents of sexual harassment or other inappropriate behaviour occurring.

It is important for an employer to ensure that its requirements in relation to safe and appropriate behaviour at the Christmas party are communicated to employees in plain English and at the earliest opportunity. Reinforcement of the employer’s requirements at the party can be achieved by ensuring that dedicated senior management are appointed to enforce the employer’s requirements and “nip in the bud” any potential unsafe or inappropriate behaviour occurring.

To view other articles by Michael Connolly, click here.

Got a legal question and need safety advice?

Call HWL Ebsworth on their 24hour emergency hotline 1800 335 694.