For many organizations, the annual holiday party is a highlight of the season and is an opportunity to celebrate successes, connect outside of day-to-day routines, and show appreciation for employees. As enjoyable as these events can be, they also bring a unique set of legal and safety considerations that employers should keep in mind.

Whether you are planning a large off-site celebration, a casual in-office gathering, or something in between, some thoughtful preparation can go a long way in keeping your event festive while reducing exposure to liability.

Alcohol at Workplace Events: A Common Risk Area

Providing alcoholic beverages at a company holiday event can help foster a merry environment; however, it also heightens the risk of overconsumption and impaired judgment, which may contribute to incidents such as harassment, violence, or unsafe driving. Importantly, employers may still face liability for incidents involving intoxicated employees, even if the event occurs off-site and outside regular work hours.

To help mitigate these risks, employers should consider the following:

Avoid unlimited alcohol service: Open bars tend to encourage overconsumption. Instead, to help communicate expectations around alcohol consumption, employers can:

• Implement a drink-ticket systems to limit consumption;
• Close the bar early; and/or
• Restrict offerings to wine and beer to moderate the pace of drinking.

Ensure responsible oversight: Employers should remind managers and supervisors that they are expected to limit their alcohol intake, model professional behaviour, and keep an eye out for any developing issues. Leading by example helps set the tone for a safe and respectful event.

Remind employees that workplace policies still apply: Holiday celebrations are still work functions and employees should be reminded that workplace policies related to respectful conduct, harassment, discrimination, and substance use remain in full effect. A short pre-event reminder, such as an email or kickoff announcement can help to reinforce expectations regarding appropriate conduct.

Provide safe transportation options: When alcohol is served at work events, employers should take steps to prevent impaired driving and ensure employees who have been drinking arrive home safely. Options include offering taxi vouchers or ride-share credits and encouraging carpooling with a sober designated driver.Employers should also ensure employees know these supports are available before the event begins.

Don’t Forget About Cannabis

Recreational cannabis adds another layer of complexity. It can impair judgment, interact with alcohol, and be consumed discreetly, especially in edible form, making monitoring difficult.

If employers decide to permit the consumption of recreational cannabis during a work event, they should:

• Ensure that smoking or vaping takes place only in designated areas and clearly communicate where those areas are located;
• Remind employees about delayed effects of cannabis, notably with edible cannabis, and warn against overconsumption during periods of delayed onset; and
• Communicate that employees must not drive under the influence of cannabis and offer transportation alternatives for those who are impaired.

Many employers may choose to prohibit cannabis consumption at work events altogether.

Food, Non-Alcoholic Options, and Inclusive Offerings

To support safe consumption, and to include those who do not drink, employers should consider offering a variety of non-alcoholic beverages and engaging “mocktail” options. Providing appealing alcohol-free alternatives helps reduce pressure to drink and fosters a more inclusive atmosphere.

Employers should consider providing ample food and snacks throughout the event, as this can help moderate the effects of alcohol. Offering frequent appetizers throughout the evening, even after dinner, is an effective way to prevent overconsumption.

Planned activities at the party can keep employees entertained and prevent alcohol from being the main focus. Games, prizes, raffles, and gift exchanges can help maintain holiday cheer while providing fun alternatives to drinking.

Other Ways to Reduce Liability and Support a Positive Event

Set a clear start and end time: Communicating when a work event begins and ends, helps frame the event as an organized work function and reduces the likelihood of late-night conduct issues.

Reinforce that it is still a workplace event: A brief welcome speech acknowledging accomplishments and thanking staff can set a professional tone without dampening the fun.

Be prepared to address issues quickly: If an incident does arise, a prompt and appropriate response can reduce the impact and demonstrate that the employer took reasonable steps to maintain a safe work environment.

With some planning, organizations can minimize liability risks while ensuring their holiday parties are a festive success. From all of us at Williams HR Law, we wish you a safe and joyful holiday season.

This blog is provided as an information service and summary of workplace legal issues.

This information is not intended as legal advice.