This is always the topic of conversation around the holidays. Should we have alcohol beverages at the holiday event(s), or no? Should we pay for them or the employees and guest(s), should we buy one drink per person and the rest they can purchase? How do employers handle this age long nagging question.
Well, if you are an employer, the answer is YES, you are responsible for your employees and guests. Should you remove alcohol completely from a nice holiday dinner? This is up to you; however I would suggest that maybe a glass of ONLY wine is given to each person at dinner only. You can purchase non-alcoholic beverages that are exactly like ones with the alcohol in them. You can get non-alcoholic beer, wines, spirits, Caesars, etc. They are very tasty. I have personally preferred the virgin Caesars to the ones with alcohol as I am not fond of the taste of vodka.
Your company is on the “hook” so to speak when there is ANY kind of event that the company is paying for and hosting. There is no way around this other then to not provide any alcohol beverages. The legal limit of alcohol tolerance has been lowered and now it is even easier to blow over the legal limit for driving under the influence.
Here is some information from a legal stand point….” Employers need to be responsible, inclusive and aware.
Companies can be liable if an employee has an accident after drinking at a holiday party. Employers also need to be sensitive to the diverse backgrounds and beliefs in their workplaces. And they should remember that liability for sexual and other types of harassment doesn’t stop at the office.
Moreover, employers can be held vicariously liable for the actions of their employees. One important point to remember is that the law imposes a duty of care on employers to provide a safe workplace and protect employees from harm, including harm resulting from an employee’s own actions. “Harm” can mean physical harm, damage to property and violence, but also consists of sexual and other forms of harassment. Employers can also be held liable for injuries or damages caused by an employee to themselves or to a third party after an employee gets drunk at a company-sponsored event. For that reason, it is appropriate that holiday party plans take into account some simple measures to ensure employee safety and minimize the risk of claims.” This is from the First Reference website. The link is listed below for your convenience.
Here is what the MTO has to say….and the alcohol level that is going to get you in trouble is 0.05-0.08, which is not hard to do, especially for woman. Woman have an easier time reaching above this limit as they do not have the same water build up as men which dilutes the alcohol in the blood.
“As of May 1, 2009, if you’re caught driving with a blood alcohol concentration (BAC) from 0.05 to 0.08 (known as the “warn range”), the police can immediately suspend your licence up to three days for a first occurrence, seven days for a second occurrence and 30 days for a third or subsequent occurrence.” This is from the website MOT, the website is listed below for your convenience.
It is very hard at times as an employer to say “thank you” to their employees this time of year and everyone seems to think holding a holiday party is the best way, I would suggest going forward that the firm takes a survey and ask the employees, as when there is a bad economy, such as the one we are recovering from, often times employees would rather a bonus and spend the funds on things they may need but just can not afford at the moment. I also is a great idea to give employees’ gift cards, as then they are not taxed on them. Such as Visa, grocery, etc cards this way the employee truly sees that the firms cares that much more to cover the taxes for them.
Well I hope this has helped for the following holidays to come, I hope everyone has a safe and happy holiday and all the best in 2010!!
For more info: www.mto.gov.on.ca/english/safety/impaired/fact-sheet.shtml blog.firstreference.com/2009/11/12/employer-holiday-parties-some-useful-tips/