The office is frequently a place where employees
and employers get together to celebrate special events. Office
parties typically mean lots of music, food and drinks. If the
drinks include alcohol, however, office parties can have very
unfortunate consequences. Opinions vary regarding the appropriateness
of making alcoholic beverages available at office parties or other
company-sponsored events. Ignoring the possibility that some employees
or guests may drive home "under the influence" invites
trouble.
Improper use of alcohol may expose employers
to liability under tort, workers' compensation or other laws.
For example, an employer may be held liable if a person consumes
alcoholic beverages at a company-sponsored party and subsequently
causes a crash. Some employers have been held liable because negligent
acts by employees under the influence of alcohol consumed at employer-sponsored
events were found to be within the scope of their employment.
In other cases, individuals have been held liable merely because
they provided alcohol to social guests.
The only sure way for employers to avoid potential
liability for alcohol-related crashes is to not make alcohol available.
Moreover, employers should let employees know they are not to
bring any alcoholic beverages to an office party.
However, if an employer does decide to provide
or allow alcoholic beverages at an office event, state laws regarding
their use and resulting employer legal responsibilities should
be consulted and addressed. Also, there are several measures employers
can take in attempt to minimize any negative consequences of alcohol
consumption. (See 9 Tips listed below.)
This information provided by the US Department
of Labor is not intended to be a substitute for legal advice and
should not be regarded as a guarantee against liability.
Nine Tips for Office Celebrations
- Be honest with employees. Make sure your
employees know your workplace substance abuse policy and that
the policy addresses the use of alcoholic beverages in any work-related
situation and office social function.
- Post the policy. Use every communication
vehicle to make sure your employees know the policy. Prior to
an office party, use break room bulletin boards, office e-mail
and paycheck envelopes to communicate your policy and concerns.
- Reinvent the office party concept. Why have
the typical office party? Try something new like an indoor carnival,
group outing to an amusement park or volunteer activity with
a local charity.
- Make sure employees know when to say when.
If you do serve alcohol at an office event, make sure all employees
know that they are welcome to attend and have a good time, but
that they are expected to act responsibly.
- Make it the office party of choice. Make
sure there are plenty of non-alcoholic beverages available.
- Eat...and be merry! Avoid serving lots of
salty, greasy or sweet foods which tend to make people thirsty.
Serve foods rich in starch and protein which stay in the stomach
longer and slow the absorption of alcohol in the bloodstream.
- Designate party managers. Remind managers
that even at the office party, they may need to implement the
company's alcohol and substance abuse policy.
- Arrange alternative transportation. Anticipate
the need for alternative transportation for all party goers
and make special transportation arrangements in advance of the
party. Encourage all employees to make use of the alternative
transportation if they consume any alcohol.
- Serve none for the road. Stop serving alcohol
before the party officially ends.
If alcoholic beverages are provided at office
social functions, state laws regarding their use and resulting
legal responsibilities should be consulted and addressed. This
information provided by the U.S. Department of Labor is not intended
to be a substitute for legal advice and should not be relied upon
to determine what steps employers can or should take to address
potential legal liability.
