Taking care at Christmas

Dec 16 2008 by Karen Dent, The Journal

OVER Christmas, normal working practices and behaviour often change to let employees enjoy the festivities and extra holiday.

While no employer wants to be considered a Scrooge by curtailing celebrations for health and safety, it is important to remember there may be particular risks at this time of year. From a legal perspective it is the employer’s responsibility to ensure any workplace risks are appropriately managed and, where necessary, specific temporary arrangements are in place over the holiday to ensure employees and others remain safe.

Issues your business may need to consider include:

Drug and alcohol use: Christmas parties and nights out increase the risk of employees working while under the influence of drugs or alcohol. This can affect performance and awareness and may cause individuals to take safety risks which they would not ordinarily consider.

Lone working: in an effort to allow as many staff as possible to take holiday, it is likely many firms will operate on a skeleton staff. It is important those who are working are appropriately supported and supervised. This is particularly important when staff are required to work away from company premises or with members of the public.

Workplace driving: drink driving is a known risk at Christmas, but employers should also consider whether employees may be unfit to drive the day after a celebration. There are additional risks if driving in poor weather or if employees are under pressure to complete a journey more quickly than usual for Christmas order deadlines.

Stress: many businesses experience a peak in activity shortly before Christmas as demand for goods and services increases. This means staff may become stressed and feel pressurised to take short cuts, work more quickly or longer than usual. This can affect concentration and could lead to an accident.

Employers cannot be expected to predict every possible risk in the workplace and it is important to remember that employees have a responsibility to protect their own health and safety at work.

However, where there are foreseeable additional risks, employers should consider these in advance and where necessary take precautions to ensure all employees enjoy a safe and merry Christmas.

Anna Hart is a solicitor in the environment and safety team at Dickinson Dees LLP.