Advice on hosting a holiday party during a waning pandemic

By Paul Russell, LegalMatters Staff • The holiday party season is fast approaching, celebrating a year disrupted by COVID-19. 

And those planning corporate festivities should keep the pandemic in mind, says Toronto personal injury lawyer Joshua Goldberg, and take the necessary steps to protect employees.

“Companies should not be afraid to have a holiday party this year. They just have to be careful,” says Goldberg, principal of Joshua Goldberg Law.

He notes that many firms skipped holiday parties altogether last year due to COVID-19. With the virus largely under control, in Ontario at least, Goldberg says 2021 will be the first year these events can resume in many workplaces.

‘Party planners are going to have to be extra diligent’

“Party planners are going to have to be extra diligent this year,” he says, noting hosts may be liable if someone contracts the virus at their event.

“The big question is whether only fully vaccinated people should be invited to attend,” Goldberg tells LegalMattersCanada.ca.

If a firm requires all employees to be fully vaccinated then their inoculation status at the party will not be an issue, he says. 

However, since many large employers – such as school boards and hospitals – are allowing unvaccinated employees or those who refuse to disclose their status to keep their jobs, Goldberg says there is a good chance that any holiday event will include those without their full vaccines.

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Even if a company requires employees to be vaccinated, he says that policy likely does not apply to spouses who may also be invited to attend a company event.

“If you are hosting a party and you are aware that unvaccinated people will be attending, you should let everyone know in advance, so they can make their own decisions,” Goldberg says.

Enforce COVID safety protocols

At the party, he says COVID safety protocols should be enforced. The City of Toronto has published guidelines in this area, suggesting that hosts should:

• assess the risks associated with the event and your ability to mitigate these risks;
• tell employees who are feeling unwell, or those with sick family members, to stay home;
• post signs at the entrance of the premises describing conditions for entry, such as proof of vaccination;
• advise anyone who develops COVID-19 symptoms at the event to go home immediately and self-isolate;
• maintain attendance records of all staff and volunteers, including name, contact information, date and time, to support contact tracing should the need arise;
• comply with current provincial gathering limits;
• host events or activities virtually and/or outdoors, when possible;
• keep the volume of amplified and acoustic sound low so that people do not need to speak loudly or lean close to each other in order to be heard;
• provide regular access to hand sanitizer with 70 to 90 per cent alcohol concentration throughout the venue, and encourage staff, volunteers and guests to use it frequently;
• avoid shaking hands or other forms of physical contact; and
• encourage guests to remain seated while eating and drinking.

“If people are hosting a party that unvaccinated people are allowed to attend, efforts to protect everyone there have to be much more thorough than in a normal year,” says Goldberg. “If possible, the event should be held outdoors, such as on a patio with heaters.”

The danger of guests drinking too much alcohol then driving home has always been a concern with holiday parties, he says, adding that alcohol may also lead to some people not adhering to COVID safety protocols in terms of distancing or avoiding close contact with others.

Consider having a dry holiday party

“Employers might want to think about holding a dry holiday party this year,” Goldberg says. “That would cut the risk of COVID transmission and of guests getting behind the wheel while inebriated.”

Goldberg says he will be hosting a holiday party this year for his staff members.

“I will be making sure everyone who attends is vaccinated,” he says, adding “that will not be hard, since I have a small staff after our first year in operation.”