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Posted By K Whyte
Our Company has an active sports and social committee. Some events are sponsored by the Company while others are organised by the committee itself. Activities undertaken have included hill walking, sailing and gliding. Our HR department has asked staff to sign the following disclaimer: "In consideration of my voluntary participation in any activities organised and / or sponsored by the Company, conducted on or off Company premises, I hereby release and discharge the Company and its Sports and Social Committee members from any and all claims arising from injury, sickness, disease or death as a result of my participation in such activities".
I would appreciate feedback on this disclaimer and where a Company's duty of care ends towards its staff in relation to sport and social activities.
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Posted By Tony abc jprhdnMurphy
In the unlikely event that a person was injured as a result of company negligence the disclaimer becomes worthless. A disclaimer is sometimes looked upon as a dereliction of duty, for which there should never be an excuse.
On top of that there is also a lesser known regulation relating to persons involved in activities outside the scope of HSWA but indirectly associated with it.
There is a duty of care on all involved to ensure, so far as reasonably practicable, the Health safety & welfare of people who may be classed as members of the public, visitors to site or employees.
The disclaimer sounds like somebody has nothing better to do with his time
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Posted By Anthony Edwards
Are these activities conducted out of office hours or are in work time and used as team building days?
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Posted By David Bannister
The disclaimer may serve to remind users of the facility that they are undertaking a potentially harmful activity.
However, it is not possible for the employer or facility operator (i.e. the committee) to contract out of any statutory H&S duties. If there is negligence then that negligence is actionable; if there is a criminal breach of statute law then there may be a prosecution, regardless of any signed disclaimers.
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