Australian Government - Comcare

Comcare's Guidelines for Social Functions

Information about workers compensation injury cover and employers’ duty of care for social functions or employer endorsed social functions or events.

Under the Safety Rehabilitation and Compensation Act 1988 and the Occupational Health and Safety Act 1991 

Introduction

Recent amendments to the Safety Rehabilitation and Compensation Act 1988 (SRC Act) have changed workers’ compensation coverage for journeys and recess activities, amongst other things, such that coverage during attendance at work, branch or section functions and travel between an employee’s residence and such functions has changed.

These changes better align the SRC Act with the duties and responsibilities of employers under the Commonwealth’s occupational health and safety legislation, the Occupational Health and Safety Act 1991 (OHS Act).

The following questions and answers attempt to highlight these changes and to provide general advice on coverage issues as well as provide general advice on an employer’s duty of care and health and safety obligations at such functions.

However, should an employee be injured at such events or in travelling between their workplace and such events and their residence they are entitled to lodge a workers’ compensation claim which will be determined on its merits taking into account individual circumstances.  The employer is provided with the opportunity to make a statement on each claim and to affirm or assert factual information regarding the event and the circumstances of the injury.

Question 1 – What are the duties and responsibilities of employers in relation to official parties and employer sanctioned events?

Employers should always conduct a risk assessment of any proposed function or events and develop effective risk controls in line with a reasonably practicable approach as detailed in section 16(1) of the OHS Act.

When considering the hazards and risks associated with any function or event, employers should take into account the likelihood and consequence of an accident or injury arising as a result of the function or event and what control measures need to be put in place to either eliminate or reduce them?  Some of the issues employers should consider are:

  • the location of the function e.g. is it in a workplace under the control of the employer?
  • has providing travel for employees to and from the function or event been considered?
  • if the location for the function or event is at an external location (other than a workplace under the control of the employer), does it have safe access and egress and has the location been assessed for any hazards etc?
  • has clear guidance or policy been developed and clearly communicated to address issues such as responsible drinking, anti social behaviour or other code of conduct issues?

Question 2 - What duty of care obligations do employers and employees have with regard to the consumption of alcohol at an event or function that is endorsed or organised by the employer?

Alcohol use is a potential risk factor relating to both safety and health and, depending on circumstances, could potentially be involved in alleged breaches of Sections 16 (employer’s duty of care) and 21 (employee’s duty of care) of the OHS Act.  It is important for employers to follow the requirements of section 16 of the OHS Act and 'take all reasonably practicable steps to protect the health and safety at work of the employer's employees'.

This would include undertaking risk assessments and putting suitable risk controls in place to either eliminate or reduce the risk associated with the function or event.  It would be considered good practice if the employer developed an internal policy that addresses the responsible consumption of alcohol on work premises, during work time and also for employer functions outside of the workplace.  Employers should also:

  • set clear boundaries about behaviour at work related functions
  • set clear start and finish times for functions
  • if functions are held at the workplace, ensure that people vacate the premises at the end of a function
  • limit the ability of employees to consume excessive alcohol (where possible)
  • take steps to address workplace attitudes that condone excessive drinking, and
  • ensure that all employees are fully aware of the repercussions of drinking in excess of the legal driving limits.

As a part of the overall duty of care to their employees, employers should also ensure that the availability of alcohol is controlled (within their ability to control) and that alcohol is not made available from the function area past the end time as stipulated for the function or event.

Finally, it is the employee’s responsibility to drink alcohol responsibly and legally and to conduct themselves in accordance with the APS Code of Conduct or their organisations policy or guidelines on behaviour and conduct.

Question 3 -Are employees covered for staff parties that are held on-site or off-site, whether during the working day or after hours?

Attendance at any staff party held at the employee’s place of work, including during an ordinary recess (lunch-time) or after hours, would attract workers’ compensation coverage under the SRC Act as such on-site events would normally be held to be ‘for the purposes of employment’.

Cover under this provision does not extend outside of the place of work so it is important to note that for employees socialising in an area that the employer does not control, (eg out front of the work building) cover for injury would not exist.

If the event was held at the employees’ usual place of work, travel between the employee’s residence and the event would not be covered.

Attendance at a staff party held outside of the employee’s place of work may attract workers’ compensation coverage under the SRC Act provided that the injured employee was seen as being:

temporarily absent from their place of work undertaking an activity:

(i) associated with the employee's employment; or

(ii) at the direction or request of the Commonwealth.

If an employer makes a decision that it will sanction or deem its staff party as an event "associated with employment", specifying the venue and timing of the event, then coverage would be provided whilst at the venue and during the specified times as well as journeying between the workplace and the venue and between an employee’s residence and the venue, whether during work time or after hours.

If an agency does not specifically sanction or deem an event as ‘associated with employment’, Comcare will have regard to the facts and circumstances of the event such as:

  • attendance of senior officer(s) at the social function or event
  • whether the social function or event was organised during work time, utilising work materials (for example, printing of tickets, email invitations etc)
  • whether the employer organised or funded transport to and from the social function or event, or
  • whether employee’s were considered to be on duty for the duration of the social function or event or were granted special leave in order to attend the social function or event,
in determining workers’ compensation coverage.

However, there was clear legislative intention behind the SRC Act amendments to exclude injuries which arise during temporary recesses outside of the workplace as not associated with employment.  That is, normal lunchtime social or recreational activities away from the workplace, such as going to the shops, a café or the park whether in the company of work colleagues or not, would not be regarded as ‘associated with the employee’s employment’.  Therefore ‘unofficial’section lunches or staff get-togethers would not normally be seen as ‘associated with the employee’s employment’ events.

Question 4 - Are there any kinds of injury which might not be covered at a work related event?

Coverage for injuries, eg slips and falls, would be provided at an official party subject to the SRC Act section 14(3).  However, this excludes payment of compensation for injuries caused by "the serious and wilful misconduct of the employee but is not intentionally self-inflicted, unless the injury results in death, or serious and permanent impairment".

Employees under the influence of alcohol or non prescription drugs may be taken to be guilty of serious and wilful misconduct and would not be covered.  Employees in breach of the APS Code of Conduct or any other relevant guidelines applicable to that group of employees may also be regarded as guilty of serious and wilful misconduct and would not be covered.

Question 5 - If I party on afterwards, am I covered at all?

Cover for injury would most likely not exist because an employee, who chooses to party on, is undertaking an activity that is not related to their employment.  In other words they are on a ‘frolic of their own’.

Employers should make it clear that social functions or events away from work are only endorsed for a specific duration.   Cover can not exist before or after the social function or event start or finish time because the activity is not associated with the employee’s employment.

Question 6 – Where can I find further advice or guidance about attending work functions?

 

Disclaimer: The above hypothetical scenarios, are intended as general guidance only.  This is because each claim would be considered on it’s individual merits and according to the presenting facts, and against the legislation.


Page last updated:December 4, 2007