This is the time of year when companies throw various social events for their employees, including golf tournaments, beach parties and family picnics. These events can be very successful, but employers need to be aware that they have legal obligations when alcohol is part of the event.
There is a trend in the law to hold employers responsible for employees who leave events intoxicated. This includes events held on and off work premises, events where the employer has purchased the alcohol and serves it, or even events where the employer has paid an establishment to serve alcohol (i.e. a golf course, catered picnic, etc.). While no one is suggesting cancelling the company golf tournament this year, there are some things that employers can do to minimize their exposure to liability. Overall, the courts suggest that employers must take “reasonable” steps to ensure that their employees are not over-served or intoxicated and that they are not allowed to drive home from business-sponsored events if they are. Depending on numerous factors including your industry, corporate culture and the type of event, the following suggestions may assist you in planning a safe and accident-free summer social:
- Do not serve alcohol at company events;
- Have a strong corporate policy in place;
- Do not allow management to drink with the employees;
- Do not make social events for employees mandatory;
- Adopt a zero-tolerance policy for consumption of alcohol in the workplace;
- Provide non-alcoholic beverages and food;
- Host events away from the workplace (i.e. go to a restaurant or hotel);
- Do not encourage drinking alcohol (i.e. no drinking games);
- Plan events so drinking is limited (i.e. provide only one ticket per guest);
- Communicate with employees prior to each event that intoxication is not condoned or permitted and that drinking and driving is dangerous and will not be tolerated;
- If an employee does not follow the policy or expected standard of behaviour then they should be subject to sanctions – the business must show that they are serious about enforcing their policies.
- Refuse to serve intoxicated guests;
- Provide an alternate means of transportation home (i.e. pay for taxis or put a designated driver program in place);
- Provide accommodations for intoxicated guests;
- Confiscate vehicle keys from intoxicated guests; and
- Call police if the person refuses to listen and attempts to drive home while intoxicated.
It is up to you as the employer to determine which of these or other courses of action you want to take to keep your employees safe and limit your own liability. If you are planning an event that includes alcohol and you have specific questions about your legal obligations as an employer you should consult legal counsel.
By Greg Pratch, a lawyer at Pushor Mitchell LLP. He carries on a litigation practice with a particular focus on employment law and personal injury law matters. He regularly advises clients on a wide range of issues from interpretation of employment standards legislation to wrongful dismissal issues. Pushor Mitchell LLP is a full service law firm with over 30 lawyers located in Kelowna, British Columbia. www.pushormitchell.com. Reprinted with permission.
