By EMA Manager of Employment Relations & Safety Paul Jarvie
As the festive season approaches, many New Zealand businesses are preparing for their annual Christmas functions.
These gatherings, ranging from casual Friday night drinks to extravagant staff parties, provide an opportunity for employees to get together and celebrate their achievements during the year.
However, with the festive spirit comes the responsibility of ensuring health and safety, particularly when alcohol is part of the equation.
An employer’s obligation to provide a healthy and safe work environment under the Health and Safety Act 2015 could very well apply to the end-of-year Christmas party. If the party is organised, promoted or funded by the employer (either partially or wholly), then it may be considered an extension of the workplace.
It’s crucial employers are aware of their responsibilities when alcohol is available. Don’t treat your Christmas party like you’re entering international waters.
Before the event, employers should take the time to remind employees of their expectations regarding behaviour and responsibility.
Clear communication of policies, including updates to any outdated conduct guidelines, is vital.
Reinforcing the importance of respect and professionalism is especially important, even in a festive setting where the atmosphere might be more relaxed.
Having a responsible host at the event can significantly enhance safety and accountability.
This individual should abstain from drinking to effectively monitor the situation and intervene if necessary.
A responsible host can provide valuable oversight, ensuring that the event remains enjoyable and safe for everyone.
Involving employees in the planning can foster a sense of ownership and responsibility among staff.
This collaborative approach can enhance the overall experience while reinforcing the importance of safety.
Offering substantial food and a variety of non-alcoholic drinks can help mitigate the effects of alcohol.
Monitoring alcohol consumption is equally important; employers should remain vigilant in identifying excessive drinking and be prepared to intervene if necessary.
This might involve stopping the supply of alcohol if the situation becomes problematic.
Additionally, encouraging employees to plan their transport home in advance or providing transport options such as buses, taxi chits or Uber gift cards can help prevent unsafe situations.
Special care should also be taken to protect younger employees, particularly those under 18, as it is illegal to supply them with alcohol without parental consent.
Despite thorough planning, issues may still arise during social gatherings, often related to alcohol consumption.
While most functions proceed without incident, it is crucial for employers to be prepared for potential issues.
Employers also need to provide information about safe drinking practices and the legal implications of excessive alcohol consumption.
It is vital to remind employees of drink-driving laws, particularly the zero-alcohol limit for drivers under 20. The Waka Kotahi – NZ Transport Agency website has information on legal alcohol limits and safe driving, while also reinforcing the message that if one plans to drink, they should also plan not to drive.
Employers must be ready to respond appropriately to any complaints regarding behaviour, as actions taken at a work function can have disciplinary consequences.
It’s important for employers to consider the context of any alleged misconduct and its potential impact on the workplace.
Allegations of inappropriate jokes, verbal abuse, or physical altercations may require varying responses, from informal discussions to formal disciplinary actions, depending on the severity of the incident.
After the function, employers must be cautious not to jump to conclusions regarding any misconduct that may have occurred.
Recollections may vary, so it’s crucial to follow a proper process.
Taking a careful approach ensures fairness and helps maintain trust between employers and employees.
If formal actions are deemed necessary, we would advise seeking professional or external advice before any actions are taken.
As businesses gear up for their Christmas functions, health and safety must remain a top priority.
With the right planning in place, Xmas gatherings can be celebrations of success and camaraderie while reflecting the true spirit of the season.
Ultimately, when health and safety are prioritised, everyone can fully enjoy the festive spirit.
Contact the EMA Advocacy team for more information.
