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Safety Update: Liability for Workers' Use of Drugs & Alcohol

After wrapping up another successful Stampede here in Calgary, and with summer being a time for celebration in general, we must remember; with it comes inherent accountability, responsibility and dangers if the use of alcohol is combined with these celebrations. Therefore, we thought it appropriate to address this topic.

The Problem

Workers who drink on the job are a threat to safety. In the case of Jacobsen v. Nike Canada Ltd. a supervisor brought a crew erecting a trade show display a cooler of beer. The warehouseman that joined the crew gets noticeably drunk and drives his car into a ditch on the way home, becoming a quadriplegic. The BC court found the company guilty of negligence and orders it to pay the warehouseman over $2.7 million in damages.

There are four theories for holding a company liable for alcohol related injuries:

1. Host Liability - All provinces hold the host who serves alcohol responsible for injuries inflicted by their guests. The theory is that the injuries are foreseeable and the host should prevent them.
2. Provincial OH&S Laws - All OH&S laws require companies to take reasonable precautions to protect the health and safety of workers.
3. Agency - Companies can also be held liable for negligence by workers in the scope of their employment.
4. C-45 - Last but not least, C-45 requires persons who direct or have authority to direct work to take "reasonable steps" to protect workers and others. Failing to rein in intoxicated workers who cause serious injuries could make the company liable for criminal negligence under C-45.

The Solution

1. Ban Use of Alcohol - All companies should have policies specifically banning use of drugs and alcohol at or before work and providing for safe removal of intoxicated workers from the workplace.

2. Do not Serve Alcohol - Do not Serve Alcohol - the ban against alcohol and drug use should specifically prohibit serving alcohol to any person at any time at the workplace.
3. Special Events - Be Careful about serving alcohol during Christmas parties, firm outings and other company social events and functions. Should you decide to serve alcohol at a company event follow these nine guidelines as provided by the US Department of Labor
   
   Nine Tips for Office Celebrations
    
   1. 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.
   2. 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.
   3. Reinvent the office party concept. Why has the typical office party? Try something new like an indoor carnival, group outing to an amusement park or volunteer activity with a local charity.
   4. 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.
   5. Make it the office party of choice. Make sure there are plenty of non-alcoholic beverages available.
   6. 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.
   7. Designate party managers. Remind managers that even at the office party, they may need to implement the company's alcohol and substance abuse policy.
   8. 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.
   9. Serve none for the road. Stop serving alcohol before the party officially ends.

The Topic for Next Week: Bill C-45

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