Health and Safety Considerations for the End of Year Work Function

There are several ways an employer can prevent incidents from arising and ensure your job function is a success. This includes carrying out a risk assessment, identifying potential risks and taking steps to eliminate or minimize them. This could include steps like:

• Set expectations: Send a reminder to employees before the event, including any relevant policies (e.g. code of conduct, bullying, harassment or discrimination policies). Explain the impact of these policies in clear terms and any additional expectations about expected behavior.
• Responsibilities of the good host: provide food, non-alcoholic beverages and do not serve intoxicated people (limit and control the availability of alcohol).
• A good eye and a voice of reason: Have some sober managers present at the party to keep an eye on things and intervene if necessary.
• Promote collective responsibility: encourage employees to ensure the safety and well-being of their colleagues (especially in relation to alcohol consumption and behaviour).
• Transportation: Consider prohibiting the use of work vehicles and discouraging the use of private vehicles to attend functions, unless the driver is a designated sober driver. Employers should also consider arranging transport home from the function (e.g. buses, ride-sharing services) or accommodation for staff and their companions.
• Finally, don’t kill the fun: Remind employees that it’s fun, a celebration, and that loud, drunk employees ruin the party for everyone.

Employee health and safety obligations

The pressure is not just on employers when it comes to health and safety. Employees’ obligations to follow the employer’s rules and instructions regarding health and safety, and to take reasonable care of themselves and others, will continue to apply.

Employees should also be mindful of the usual expectations about behavior contained in their employment agreement, and any workplace policies should remain in full force. “It was at the Christmas party” is unlikely to be a successful defense to an accusation of misconduct!

An employee’s behavior can easily deviate into misconduct, particularly where alcohol is involved. These incidents commonly involve two (or more) employees, can escalate quickly and involve other people or property.

Any of these types of incidents (along with other possibilities, such as harassment, violence, property damage, theft, etc.) may constitute misconduct and an employer may consider initiating a disciplinary process. Unfortunately, work group misconduct keeps human resources teams and employment lawyers busy.