Xmas party dilemna for employers
With the festive season approaching , what type of parties are being planned and what are your obligations under the law?
The chief executive of the business lobby group Employers First, Garry Brack, painted a grim picture for employers hosting parties under occupational health and safety laws.
“These days you have got to provide a perfectly safe environment for your staff,” he said. “You’ve got to make sure they don’t drink too much; make sure they don’t get hurt; make sure they get home safely. Have you got the cab driver’s phone number?”
According to Mr Brack, to avoid a discrimination claim if a drunken staff member breaks the law an employer would have to organise training in the lead-up to the event and keep tabs on how much people were drinking at the party.
A recent survey in Britain found that four out of five bosses claimed they would not be organising the firm’s Xmas soiree. The same rules that apply at work must now apply to the party situation.
How does that then extend to the travel industry’s penchant for famils, conferences and boozy celebrations in exotic locations? Have you counselled your staff on their responsibilities and reminded them of their obligations?
Do you spell out to your staff the possible consequences for them and your firm before they accept that freebie? If not, are you exposing yourself to possible litigation?
Now your staff also have a responsibility to themselves and others. They are required under OH&S legislation to take reasonable precautions for their own safety and to prevent injury to others.
The NSW OHS Act 2000 provides for breaches of duty of care in Section 12. The penalties are as follows:
Food for thought at this time of the year.
The Mole
Graham Muldoon
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