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Festive Season: Employers’ Obligations to Manage Psychosocial Hazards

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With the lead-up to Christmas, many employers have started or are likely to start planning work Christmas parties. Work Christmas parties are a great chance to celebrate a year of achievements with your colleagues over drinks and nibbles.

An employer should remember that it can be held responsible for the behaviour of its employees due to excessive alcohol consumption and/or the use of drugs at the work Christmas party. It is not uncommon to see an increase in bullying and harassing behaviour during such social occasions, but also other serious issues might arise, such as driving under the influence and refusing to obey reasonable and lawful directions.

Employers are reminded of their duty to identify reasonably foreseeable hazards that could give rise to psychosocial risks, and eliminate the risks so far as is reasonably practicable. Psychosocial hazards include bullying, harassment and sexual harassment. This means that employers are required to risk access and manage psychosocial risks by using the 4 steps risk management process, namely:

  1. Identify hazards
  2. Assess risks
  3. Control risks; and
  4. Review control measures.

The Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice provides practical guidance to assist employers in complying with their duty to manage psychosocial risks.

Additionally, employers can take the following steps in eliminating risks:

  • Do your due diligence in choosing venue, themes and activities
  • Cap the length of time that free alcohol is provided and provide food with alcohol
  • Clear communication on start and finish times
  • Educate employees and reinforce expectations
  • Have appropriate work policies and procedures
  • Training or refresh training on the relevant policies and procedures
  • Clear communication on not employer endorsed activities (e.g. pre-drinks, after parties)
  • Nominate a staff member for proper supervision
  • Ensure employees have a way to get home safe

 

If you need any assistance in complying with your duty to manage psychosocial risks, please contact our Workplace Relations and Legal Team on (02) 6175 5900.