December has arrived, and many Bow Valley businesses are preparing to celebrate the season with colleagues and clients. Whether it’s a small in-office toast or a larger off-site gathering, it’s important to understand the risks that come with hosting work-related social events.
Austin Ward, a Canmore-based lawyer with Field Law, shares what Bow Valley employers should consider for celebrating safely and smartly this holiday season.
Are employers responsible for what happens at their holiday parties?
They can be. Courts have found that commercial hosts, such as bars and restaurants, owe a common law duty of care to the public not to overserve their patrons. In contrast, purely social hosts, such as dinner party hosts, do not necessarily owe the same duty of care to their social guests. Employers fall somewhere in the middle – they may not owe the same duties as commercial hosts, but they are not purely social hosts either.
Events organized by employers are considered work-related functions, even if they take place after business hours or at an off-site venue. This means that employers may be liable if something goes wrong, such as a guest being overserved or injuring themselves or others. In addition, employers have a positive duty to ensure the safety of their employees in the workplace. This creates additional responsibilities for employers under occupational health and safety and human rights law, especially when alcohol or drugs are being consumed at a work event.
What steps can help reduce the risk?
Start with clear workplace policies and education. Make sure your team understands the expectations around alcohol and drug consumption at work-related events, respectful conduct, and how to report any issues. When planning the party, think beyond decorations and entertainment. Ensure your chosen venue has the appropriate insurance, qualifications, and experience to host your event. Limit the number of drinks with a ticket system, offer plenty of food and non-alcoholic drink options, and provide safe transportation home with group shuttles or taxi chits.
Who should be responsible for keeping things on track?
Consider designating a senior team member or manager to be responsible for monitoring the event and taking “temperature checks.” Empower them to make decisions, give directions to the venue, and shut things down at the appropriate time. Employers should maintain a reasonable amount of oversight and supervision over the event to ensure employees celebrate safely and responsibly.
What’s your advice to Bow Valley employers heading into the holiday season?
It’s not too late to add safeguards. A few thoughtful steps now can make a big difference in reducing risk. The goal is to celebrate your team and your successes safely and responsibly. A little planning and oversight can go a long way.
