In December of 2021, when the Omicron variant of COVID-19 was beginning to spreading quickly through the population, the government of Ontario issued specific guidance for hosting safe holiday parties.

There has been no guidance issued this year, but public health authorities still caution that COVID-19 is a risk. The Chief Medical Officer of Health has strongly recommended the use of masks indoors.

The goal of any holiday celebration is to ensure that all attendees have an enjoyable time, but it is important to remember that the essential premise of the law in Ontario is that an office or business party is considered part of the workplace – regardless of where it is held – and the employer’s obligation to ensure a safe work environment continues to apply.

For guidance in hosting a workplace party, you may wish to consult the general Public health measures and advice found on this page: https://www.ontario.ca/page/public-health-measures-and-advice

There are of course other issues beyond the risks of COVID-19 in hosting a safe celebration. I am providing a brief summary of the responsibilities of an employer in hosting or sponsoring an event in regards to alcohol and cannabis consumption.

Alcohol

In the context of a company party – hosted in your premises or at an outside licensed establishment –  an employer must monitor the consumption of alcohol and determine whether the attendees are able to operate a motor vehicle. If it is determined that a person represents a safety risk, the employer must take steps to provide for an alternate mode of transportation. 

The complication of cannabis

It is important to note that when alcohol and THC – the psychoactive ingredient in cannabis – are combined in the bloodstream, the level of intoxication increases significantly.

While we most often think of cannabis being consumed through smoking, it is also commonly consumed in edible form in a food or drink. The odour of cannabis can sometimes be detected on a person after smoking, but with consumption of edibles there are no obvious signs of cannabis use.

For this reason, it is important to be especially vigilant in regards to observing signs of intoxication, even when alcohol consumption at your function has been limited by tickets or other means.  

Tips for ensuring a safe festivity environment in your workplace

Obviously, the most prudent step to take would be to implement a policy whereby alcohol will not be served at company social functions.

If you do choose to serve alcohol or make it available, there are steps you should take to ensure the safety of the attendees and protect your company from liability:

• Provide non-alcoholic beverage options
   
• Be sure that you have appropriate insurance coverage for the event
   
• Issue a memo prior to the event reminding employees to be responsible in their consumption of alcohol and to encourage them to make transportation arrangements other than driving their personal vehicles. This memo should also make employees aware that consumption of cannabis and alcohol together increases intoxication and employees should act accordingly.
   
• Designate a management person to abstain at the event and to be responsible for staying until the end of the event and for monitoring the attendees and dealing with situations that may arise
   
• It is a good idea to ensure that food is served at all times when alcohol is available
   
• In regards to edible cannabis consumption, it may be prudent, depending on the nature of the function, to prohibit guests from bringing outside food or drink
   
• Engage professional bartenders who have Ontario’s Smart Serve designation and been trained to recognize and deal with intoxicated persons
   
• Limit the amount of alcohol that each person consumes by providing tickets
   
• Have a “last call,” at a reasonable time, prior to the conclusion of the event
   
• Provide taxi chits and/or arrange for discounted hotel rooms

Hopefully, these measures would be all that is necessary to ensure that everyone has a safe and enjoyable time. However, in accordance with the law an employer must be prepared to take such steps as:

• Taking away a person’s car keys, or
   
• Taking the drastic measure of calling the police to ensure that a person does not drive or put him or herself in a position that could cause danger to his or herself or to others. 

Everyone at LeNoury Law wishes you and your employees a very happy holiday season. We hope these tips will help in that regard and that you, your fellow workers and employees, families and loved ones stay safe and healthy through the coming weeks.