OCCUPATIONAL HEALTH & SAFETY
Christmas Functions and Employers Obligations

We thought it an appropriate time to remind employers about their OHS obligations regarding Christmas functions.

The cases this year demonstrate that employers can be found liable for injuries sustained at Christmas functions.  For further information about these cases, see our September Safety Law E-update.

To minimize the risks associated with Christmas functions, it is a good idea for employers to have in place stringent rules and codes of conduct on what is expected of employees at work related functions.  It is important for an employer to lead by example!

Here are some key points on an employer’s responsibilities regarding work related functions:

• Employers should ensure that they do not become intoxicated so that they can keep an eye on other staff members;
• All staff should be reminded that discrimination, sexual harassment and breaches of occupational health and safety are not tolerated;
• Employers should ensure that any employees below 18 years old do not consume any alcoholic beverages.  Supplying alcohol to a minor is a criminal offence;
• Employers should ensure that any staff provided with a company vehicle DO NOT drive the vehicle home.  A direction should be given by way of a memo prior to the Christmas function;
• Employers should ensure that enough food is provided;
• Employers should supply a large variety of low alcohol and non-alcoholic beverages to encourage employees to drink less;
• Employers should limit the amount of alcohol available.  A voucher system may be useful;
• If possible, bartenders should dispense the alcohol so that an employee’s tolerance and behaviour can be observed and acted upon if necessary;
• Employers should not have a “help yourself” approach to alcohol and alcohol should not be left unattended;
• Employers should ensure that employees arrive safely home.  This may mean that Cabcharge vouchers or a minibus should be arranged, particularly for those employees who live a long distance from work or the venue of the function; and
• Employers should specify a concluding time.

For further tips or any questions on acceptable behaviour at work related functions, please contact Workplace Law.

WORKERS COMPENSATION
Workers Compensation Commission New Costs Provisions

There have been recent amendments to the Workers Compensation Regulation 2003 (the Regulations).  The amendments came into effect on 1 December 2009 and apply to the legal costs in work injury damages matters. 

In summary, the amendments are as follows:

• Clause 92 of the Regulations has been amended to clarify when and how a claimant can make a final offer of settlement in matters where mediation fails to resolve the matter or where a mediation is not held.  This amendment applies to matters where mediation fails or does not occur on or after 1 December 2009;
• Clause 1(5) has been added to Schedule 7.  The clause now specifies that the amount of any settlement includes any weekly payments of compensation under Division 2 of Part 3 of the Workers Compensation Act 1987 (NSW);
• A new Clause 4A has been added to Schedule 7 specifying the costs claimable by parties where the claimant withdraws the claim after the issue of a certificate of mediation but before commencing court proceedings;
• A new Clause 6A has been added specifying the costs claimable by parties where the matter is finalised other than by settlement or an award of damages, after the commencement of court proceedings;
• Table B of Schedule 7 has also been amended by an additional Clause 3, specifying the costs claimable by parties from the giving of advice on the certificate of mediation (or, if the matter is not referred to mediation from acceptance of the retainer) to finalisation of the matter other than by settlement or an award of damages.

JOKE OF THE MONTH
These jokes were kindly supplied by our friend Robert Williams, Deputy General Counsel of Alesco.

Jingle Bells
Dashing through the snow, In a one horse open sleigh
O'er the fields we go, Laughing all the way

A risk assessment must be submitted before an open sleigh is considered safe for members of the public to travel on. The risk assessment must also consider whether it is appropriate to use only one horse for such a venture, particularly if passengers are of larger proportions. Please note, permission must be gained from landowners before entering their fields.

To avoid offending those not participating in celebrations, we would request that laughter is moderate only and not loud enough to be considered a noise nuisance.