Social Functions and Events

As an employer what do we have to do to ensure we meet our duty of care obligations for social functions or events we endorse or organise?

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 Occupational Health and Safety Act 1991 (the OHS Act).

When considering the hazards and risks associated with any function or event, employers should take into account what the likelihood and consequence is 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?

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.  Comcare does not currently produce any specific guidance on the issue, however, 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 functions sponsored by the employer 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 (apsc website), if applicable or if not, their organisations policy or guidelines on behaviour and conduct.