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| Alcohol Liability : It's Christmas Party Season |
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With Christmas just around the corner, many companies are beginning to plan their corporate events, parties and festivities. Before making alcohol available to employees at these functions, it is important for companies to understand their legal responsibilities. Employers can potentially face civil liability when hosting, organizing or sponsoring events that involve alcohol. Provider
Liability Supervisors
purchased and consumed dinner, soft drinks and 36 beers with Nike
employees towards the end of a 16 hour workday. The plaintiff, a
19 year old, consumed at least eight beers during this time in which he
would have been displaying obvious signs of intoxication.
After leaving work, he went to a bar where he consumed at least three more drinks before falling asleep while driving home. His accident left him a quadriplegic. While the plaintiff achknowledged his own negligence, the court found Nike Canada liable for 75% of damages for two reasons: |
1. Nike, as an alcohol provider, had a duty to monitor its employees' consumption and take steps to prevent them from driving when they knew, or should have known that their employees were likely impaired. This is lthe same standard applied to a licensed commercial establishment. 2. Nike had a duty to maintain a safe workplace. Nike required workers to bring their cars to work and knew they would be driving home. In effect, drinking and driving was made part of the working conditions that day. |
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Occupier
Liability What
can a company due to protect themselves?
Review you company's Drug and Alcohol Policy. Your policy should contain procedures regarding:
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o
Alcohol consumption prior to
driving any company vehicle
o Provision of alcohol during business meetings or entertaining o Alcohol consumption on company property o Alcohol use at company parties and activities Consider hosting events at a licenses establishment with experience running events as oppossed to on your own property or property that you are renting. Have a plan in place to ensure that guests who are intoxicated have a way to get home (eg. provide cab numbers, check keys, provide cab fare) Ensure that servers have some experience and training. At a minimum, they should be able to identify the signs of intoxication, understand their obligations under the liquor legislation and realize that they may be held civilly liable. Make food and non-alcoholic drinks available throughout the course of the event.
SureHire can review your company policy to make sure it is compliant with current legislation, and covers all aspects of an effective drug and alcohol program. For more information, contact SureHire at 1-866-944-HIRE. |
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