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7 Tips to Mitigate the Risks of Summer Staff Parties

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With millions of employees continuing to work remotely part- or full-time, 2022 summer office outings may represent one of the first “all hands” get-togethers for many employers since the COVID-19 pandemic began. Indeed, 37% of respondents to spot surveys conducted by Seyfarth at Work reported that there had not been a need, opportunity and/or COVID-safe venue for everyone to be in the same space at the same time since 2019.

Two years is a long wait, and based on anecdotal reporting in the wake of June and early July events, some employees are perhaps a bit overexcited at the prospect of finally hanging out together.

Some summer outing horror stories that resulted in complaints and charges include:

• An East Coast video game development company’s festivities included ice-breaker activities of beer pong and “spin the vodka bottle,” with managers nudging uncomfortable staff to join in.
Result: two employees contacted a local enforcement agency looking to file a harassment charge.

• A West Coast tech startup’s party featured an impromptu game of “pin the tail on the interns,” involving strips of paper “tails” and tape.
Result: two interns left the organizations and several employees threatened suit.

• A Midwest pack-and-ship firm had insult rap battles that devolved into comments about aging and weight gain.
Result: a spate of internal complaints from employees, and even from a caterer who was setting up food on-site and overheard the derisive and potentially discriminatory lyrics.

Actionable Risk Management Take-Aways for Bosses:

A number of pre-event precautions can help reduce the risk of your summer outing going sideways:

• Scare your managers—just a little. Schedule pre-event “Respect Huddles” where you can remind those in supervisory roles that they all have potential professional and/or legal responsibility if things go wrong. Deputize them, so to speak, to watch out for risky conduct as the festivities unfold. Share simple scripts and responses your managers can use to “nudge” attendees back to a zone of respect.

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• Set limits for everyone on things like alcohol, how long/late the event runs, and an agenda of (appropriately) fun activities. Historically, drinking can be a gateway activity to all sorts of sordid interactions. To manage the risk, some organizations have found it very helpful to “ticket the tequilas,” meaning they provide the event food, but limit the alcohol, such as by using a drink ticket system.
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A strict event agenda helps prevent attendees from straying into murky territory with creative comments and conduct. Any planned games should focus on friendly collaboration, not physical contact.

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Assign a trusted internal party planner to carefully manage your party or outing agenda.

• Strongly encourage staff to bring significant others and kids, if interested. Having lots of little tykes in attendance tends to reduce all sorts of adult excesses and judgement errors. However, also be open to employee opt-outs. Stress the fact that no one is expected to attend—it is just as important as making sure everyone feels welcome.

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• Send a pre-event conduct memo to every employee at least once, and maybe even twice. Revisit your office respect rules, as they extend to and apply in the great outdoors as well, at least when your organization is sponsoring.

Tips for Everyone

For employees at any level, we recommend not thinking of the outing as party time, but rather as a professional event that just happens to be moving outside. These tips can help any attendee enjoy the gathering while avoiding risky situations:

• Set lower expectations for yourself on how “off-the-hook” the whole outing will be, which can help ensure that you’re not disappointed and are better able to maintain decorum.

• Stay away from casual banter that is ribald, risqué or involves sharing too much information.

• Social distance, for both COVID and conduct reasons.

RISKWORLD 2022: Q&A with Opening Keynote Michael C. Bush

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RIMS RISKWORLD is just a few days away, kicking off in San Francisco on April 10. This year’s opening keynote will be delivered on Monday by Michael C. Bush, the CEO of Great Place to Work and author of A Great Place to Work for All: Better for Business, Better for People, Better for the World.

Bush recently sat down for an interview on the RIMScast podcast, discussing how the pandemic has redefined satisfaction in the workplace and the critical steps that risk professionals can take to increase equity and happiness in their organization. Download the RIMScast episode for Bush’s full interview and check out a preview of his April 11th keynote below:

What will you discuss in the keynote address at RISKWORLD?
Michael C. Bush: We’re going to talk about making a connection in a way that [makes] people, employees and clients feel they are cared for. Physical and mental health is a top priority now and risk professionals play a role because there is data and policy to consider. But, if you approach it correctly, it can lead to organizational success even during a pandemic or the Great Resignation.

How has the definition of happiness or satisfaction changed against the backdrop of the pandemic?
MB: Prior to the pandemic, we could talk about happiness, satisfaction, engagement and empowerment in one context. COVD has changed that. We were suddenly in a world where people felt like really nobody cared, because they were living a life where there was so much uncertainty. They didn’t know what they needed to do to protect themselves or their family members—physically and financially. This left huge voids because there was economic insecurity on top of it all. People had to watch their communities suffer as small businesses shut down one after another.

Great companies realized this was a time to care. Therefore, they became the one thing that their employees could rely on. In our interviews, we heard stories of companies sending employees necessities like toilet paper during shortages, making deliveries to their parents and other instances that were happening at a personal level. Those lucky employees realized their employers actually cared about them as people and not just as an employee, and that led to happiness. The only silver lining from the pandemic was that humanity has surfaced in a way that has connected us all.

How do you view resilience? 
MB: We all have tough days. When a person is under pressure but knows that they have support or someone or an organization that can relieve that pressure and enable them to bounce back, that’s resilience. It can eliminate burnout, but there’s a difference between burnout and being burnt out. And we’re going to discuss that difference at RISKWORLD.

Fans of language and communication—or those looking to sharpen their skills—will find some really strong takeaways from your take on active listening. Now that so many professionals depend on remote capabilities to work, how has your perception of active listening changed or evolved?
MB: I’ve become a more intense believer in active listening, especially over the last couple of years. It’s not just making eye contact and not just me repeating the last thing you said. Listening is really about caring. When you listen to a person in a deep way, it is the ultimate show of respect—and not doing it is equally disrespectful. If all I’m doing is waiting for someone’s mouth to stop moving to grab tidbits of what they said to make my point, that is not listening, that’s just a spring-loaded response.

When it comes to being remote, try to dial in and focus on the person who’s in front of you on the screen. Put down your mobile phone and stop multitasking—chatting, posting and “liking” things on social media. 

Listening, in the way I’m talking about, takes practice. It involves emptying your mind and being humble enough to do that and not holding on to your own point of view so tightly. When your mind is open, you start asking questions and learning starts. Through that exchange, something unusual and great happens: people feel safe and will start to say more. You might help someone solve their problem, they might help you, or you might identify a new risk altogether.

COVID-19 Vaccines: Should You Mandate, Motivate or Educate Employees?

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For the past year, employers have grappled with unprecedented workplace safety and human resources challenges, forced to address safety measures that were unfamiliar for many industries. Employees have become accustomed to daily health screening and masks, and human resources has added COVID safety training and enforcement to its job duties. As vaccines are becoming more prevalent, employers have to now decide whether they should vaccinate their workforces. Making this decision can seem daunting and the applicable employment laws can seem overwhelming. However, there are some baseline considerations that may help.

As a threshold matter, employers are obligated under the OSHA General Duty Clause to provide a safe working environment to their employees. At the direction of President Joe Biden, OSHA released new comprehensive guidance regarding COVID workplace safety, including a 16-point list of essential components of a workplace safety program. OSHA recommended that employers make the vaccine available to eligible employees at no cost, and made clear that employers must continue to enforce COVID safety protocols regardless of an employee’s vaccination status “because at this time, there is not evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person.”

Employers now must determine whether they will mandate, motivate, or educate employees to receive the vaccine. They will first have to determine whether the vaccine will provide a safer working environment. While it seems clear that the vaccine will minimize or eliminate the vaccinated individual’s COVID symptoms, it remains unclear whether a vaccinated worker may spread the virus to others. Therefore, a vaccinated workforce may still be a contagious one.   

Businesses that serve in-person customers may benefit from mandating the vaccine. A local restaurant or retailer may be able to advertise that its staff is vaccinated encouraging patrons to return. While a mandatory vaccine program may be complex, the benefit of returning customers may outweigh the pain of a program. Conversely, in an organization where most employees have remained remote and business has continued at normal levels, the complexity of a mandatory program may not be worth it. In the latter scenario, it may be better to implement a voluntary program, which is easier to administer and has less compliance complexity. Employers will have to weigh the return on investment for each approach.

Employers will also have to determine their appetite for risk. Many initially lean toward a mandatory vaccine approach in an effort to protect employees from becoming seriously ill. However, even mandatory programs pose liability risks for employers. Essentially, there are two schools of thought regarding mandatory vaccine programs:

  1. A vaccinated workforce is essential to safety. A vaccinated workforce will reduce community spread and bring the workforce closer to herd immunity. The fewer employees that become symptomatic or sick, the sooner we may reduce COVID-19’s spread. Likewise, it would be negligent, or a violation of the employer’s General Duty obligations, to not mandate eligible employees to receive the vaccine.
  2. The vaccine is too new to mandate. On the other hand, some believe that it would be negligent, or a violation of an employer’s General Duty to require employees to receive the vaccine, noting that the vaccine is merely under emergency authorization. Consequently, mandating that eligible employees receive the vaccine would create employer liability for any possible harm the vaccine could cause to employees.  

It is also important to note that mandatory programs will likely trigger workers compensation coverage for any medical services and/or lost time associated with employee reactions to the vaccine. Workers compensation coverage is not always a bad thing. Employers should remember that the workers compensation exclusive remedy provision protects employers from negligence and tort claims (but not gross negligence). 

Employers should also consider the practical and operational complexities associated with a vaccination program. Employers who implement a mandatory program must be prepared to enforce the rules. They may be faced with difficult decisions regarding candidates and eligible employees who refuse to receive the vaccine (without any legal protections). Can the employer continue to recruit and retain talent under a mandatory program?

Regardless of where an employer lands on the vaccine program spectrum, they must take their employee complaints and concerns seriously. Likewise, employers must not take adverse action against a complaining employee. Employee OSHA whistleblower cases have reached unprecedented numbers. As of February 5, there have been 4,738 COVID OSHA whistleblower complaints filed in the previous 12-months. Before 2020 (and COVID-19), the largest number of complaints received by OSHA in a 12-month period was 3,355 in 2016.

The good news, if there is any, is that employers that provide safe working environments, are open to employee concerns, and communicate with workers are already taking positive and proactive steps to avoiding liability and litigation. The following best practices may be helpful: 

  • Review your COVID safety program to ensure it comports with OSHA’s 16-point COVID prevention program guidance, and continue to review and update as guidance and regulations change.
  • Provide managers and employees regular safety training, and provide managers with training to enforce safety programs, hold employees accountable, and document all safety incidents and violations.
  • Stay up to date with regulations. OSHA has updated emergency temporary standards, and local and state laws continue to change rapidly.
  • Update anti-retaliation policies to include COVID safety protocols. Also consider a whistleblower hotline and ensure that managers are trained and understand how to take seriously and address employee concerns and complaints.
  • Be sure your workforce has the most current information regarding COVID-19, its symptoms and transmission, and the vaccine. Also be sure to provide all communication in multiple languages for a multilingual workforce.

Ultimately, COVID workplace safety is at the core of any employer’s operations. Whether an employer mandates, motivates or educates its employees to receive the vaccine, they must continue to evolve and enforce their COVID safety protocols.

Work-From-Home Risks: The Toll of Bad Ergonomics

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The early days of COVID-19 saw employees camped at home, using kitchen tables, beds, sofas and whatever else they could use as makeshift workstations. The compounding stress of prolonged sub-optimal work conditions in a residential environment is taking a significant toll on the workforce’s physical health and mental wellbeing.

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Unless organizations intervene to address this situation, the problem is likely going to snowball into a very expensive oversight.
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Ergonomics aims to increase efficiency and productivity, and reduce discomfort. If left uncorrected, however, an un-ergonomic desk-chair-monitor-keyboard combination can lead to numerous manifestations of so-called “sitting disease,” such as repetitive strain injuries (RSIs), fatigue, vision complications, metabolic syndrome (weight gain and diabetes), circulatory issues in the legs, and musculoskeletal disorders (MSD) like chronic back, neck and shoulder pains.

The appalling work-from-home conditions for millions of employees in the United States may also soon be a nightmare for HR when it faces massive payouts for occupational injuries and MSD complications. The productivity losses that will ensue may also impact organizational performance as a whole.

Minimizing Workstation-Related Health Risks During Quarantine

Here is a snapshot of typical company costs for treatment of MSD-related complaints, in terms of direct and indirect workers’ compensation. In some regions, the average claim amounts for these kinds of injuries can be two to four times larger. Multiply these numbers by the number of potentially affected employees, and the math begins to look pretty grim:

• Wrist/Carpal tunnel injury: $7,600 average cost

• Tennis Elbow: $9,100 average cost

• Shoulder/Rotator Cuff injury: $14,800 average cost

• Neck injury: $21,000 average cost

To address these issues, employers can improve work conditions at home by offering ergonomic solutions. Ergonomic workstation equipment, such as sit-to-stand desks and proper standing mats, monitor arms, keyboard trays, active chairs and other flexible accessories help mitigate the most common health risks associated with desk jobs, such as back and neck pain, eye strain, wrist and carpal tunnel injury, and sitting disease. Here is a breakdown of the most common injuries and the office equipment that may address each:

Back and Neck Pain is caused by a lack of movement while holding the body in a fixed (often awkward) position, forcing discs to bulge and exert pressure on the spinal nerve. One solution is ergonomic sit-stand desks and desk converters, which allow employees to work while standing. This stretches out the spine, relieving pressures that accumulate in the back and neck areas.

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More time spent standing also reduces risks of heart disease and high blood sugar while boosting the body’s metabolic rate for weight loss, increased energy and improved mood.

Eye Strain is caused by having a computer monitor placed too close or too far away from the face, making the eyes work harder to focus or forcing the body to lean forward and strain the neck and eyes. One solution is an ergonomic monitor arm, which allows the user to move the screen forward or back and up and down to keep the center of the screen comfortably located between 15 and 20 degrees below horizontal eye level.

Wrist and Carpal Tunnel Injury is caused by long hours of keyboard use, resulting in painful fluid build-up, pressure on the median nerve, as well as awkward positioning of the hand and wrist while typing. A vertical mouse, which places the hand in an upright position, or an ergronomic keyboard tray can prevent this injury.

Sitting Disease and physical inactivity can lead to health consequences such as obesity, increased blood pressure, high blood sugar, accumulation of belly fat and abnormal cholesterol levels. Switching from sitting to standing to walking throughout the day is the most prudent regimen. Using a treadmill desk can help mitigate the debilitating consequences of sitting disease while potentially giving the body more oxygen, increased focus and enhanced mental acuity.

The human body was not designed to sit for many hours at a time doing repetitive work. Before the industrial revolution, people spent only three hours per day sitting. COVID-19 has effectively made an already known health risk many times worse by restricting employees indoors and forcing them to work off beds, sofas and kitchen tables.

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The onus is now on employers to get proactive about employee health and productivity while lowering healthcare costs.