Most employers spend a lot of time and money organising end-of-year festivities. However, employers may forget about their obligations to employees with respect to health and safety. There are new considerations relating to COVID-19, including compliance with COVIDSafe Plans.
More broadly, occupational health and safety obligations apply regardless of whether the functions are held at or away from the workplace, or during or after working hours.
It is important that employers and employees both understand that participating in celebratory functions is considered a ‘work-related activity’ that trigger the operation of workplace health and safety, anti-discrimination, workplace bullying and sexual harassment laws.
Detailed below is an action plan to minimise members’ liability by taking all reasonable steps to prevent the occurrence of unlawful or unsafe partying.
Action plan
Members should:
- remind all employees (from shop floor to managers) that even though the function is held away from the workplace and after hours, the usual workplace standards of behaviour apply
- review relevant workplace policies including sexual harassment, workplace bullying, discrimination and use of social media (consider issues such as posting party photos online and sending tweets and text messages about the party)
- ensure that managers and employees are familiar with the workplace harassment and bullying policies, and organise refresher training or redistribute policies if necessary
- remind managers and supervisors that they have a responsibility at staff functions to supervise the function to prevent inappropriate behaviour and excessive drinking
- remind employees about the range of disciplinary actions that can be taken if they engage in bullying, discrimination or harassment
- appoint someone who will not be drinking alcohol as the “responsible person” to monitor the event and deal with any issues that arise, including closing the function if it becomes necessary
- remind employees that name calling and making references to employees’ sexual preference or sexual life will not be tolerated
- advise employees that certain items are not appropriate as Kris Kringle presents (e.g. no items from adult shops)
- ensure that ‘acts’ or ‘skits’ at any staff concert or performance are within the boundaries of workplace discrimination and harassment legislation (e.g. no racist or sexist jokes)
- set starting and finishing times for the function
- suggest a dress code
- advise employees that any after-function activities are not part of, or an extension of, the employer organised function.
Alcohol consumption
Members should:
- appoint managers and supervisors to check that apprentices and junior employees are over 18 years if they will be consuming alcohol
- ask employees to prearrange transport to and away from the venue of the function, and consider organising carpooling or providing subsidised transport (e.g. hired bus or limited reimbursement of taxi fares)
- issue a general memorandum about the responsible consumption of alcohol (VACC Workplace Relations can provide you with one)
- place limits on alcohol consumption (e.g. provision of light beer)
- ensure that food, soft drinks, juice and water are served at the function.
As featured in Workplace Update December 2021. For more information, members are encouraged to contact VACC Workplace Relations.