With the holidays approaching, employers must remember their duty to ensure
the health and safety of employees at social events. Recent cases from
provincial courts in Alberta(i) and
Manitoba(ii) emphasize
that employers must be cognizant of both provincial statutes (i.e., occupational
health and safety and liquor control legislation) and civil liability when
planning social events for employees whether at or off workplace premises.
Recent decisions confirm that employers fall into a category between “social
host” and “commercial host”. Thus, there is risk of common law liability if an
employee drinks too much at an employer-hosted event. When an employer is
acting as a host, there is a positive duty to guard against over-consumption of
alcohol by guests, and take reasonable steps to ensure that guests who become
intoxicated do not cause harm to themselves or others.
Employers who are
hosting functions where alcohol will be served must remember to use due
diligence to ensure the safety of their employees and avoid
liability.
PRACTICAL CONSIDERATIONS
- Whenever possible, schedule work-related social
events outside regular working hours;
- Attendance should be voluntary;
- Designate employer representatives, who must not
drink, to oversee the event;
- Hire a professional bartender, experienced in
identifying intoxicated patrons, who knows that employees who are impaired must
not be served;
- Instruct the bartender to report signs of
impairment to a designated employer representative;
- Discourage over-consumption by supplying a limited
number of drink tickets per person;
- Ensure that food and non-alcoholic beverages are
available;
- Distribute taxi vouchers or arrange for another
form of transportation (e.g., buses) – communicate these options to employees
before and during the event;
- Consider organizing accommodation at a hotel if
weather conditions might affect an employee’s ability to drive;
- Stop serving alcohol at least one hour before the
end of the event;
- Arrange to have employer representatives or
security staff members monitor guests as they leave. Any employee who is
visibly impaired must be prevented from driving. The designated employer
representative and security staff member should:
- Insist that the impaired employee turn his or her
car keys over; or,
- Call the
impaired employee’s spouse or other family member to pick the employee up; or,
if necessary, if the impaired employee remains intent on driving home – call the
police.
(i)R. v. XI Technologies Inc.2011 ABPC 313
(CanLII)
(ii)R.
v. Kostur (2011, MB,
unreported)