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Outside Activities - liability

CSCS 7 Posts
in HR & Employment Law Vote Up0Vote Down
The President of our company would like to send something out via company email to promote healthy lifestyles announcing that there are a few of them meeting at 6am Mon/Wed/Friday to ride bikes before work. They were considering starting a (Company name)Cycling Club and wanted to know if there are any liability issues. Any thoughts?
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  • 11 Comments sorted by Votes Date Added
  • dynamite9551dynamite9551 113 Posts
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    typically as long as the company does not supply or pay for any supplies, fees, etc and being part of is voluntary and not during comapny hours, club should be ok. check with legal counsel first they are the best ones to guide you!


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  • SystemSystem 5,885 Posts
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    I'll be guessing here. Seems that it would be part of a company-sponsored wellness program. Employees who choose to participate do so willingly and not for compensation. It would be no different than if the company sponsored a reduced membership at the YMCA, and therefore would not be any more liable for a voluntary Cycling Club.

    Again, just my thoughts.
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  • SystemSystem 5,885 Posts
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    As for workers' comp, it depends on your state's law and how much the biker club looks like an official company activity. Here in TN, WC covered my injury on the company volleyball team. #-o

    James Sokolowski
    HRhero.com
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  • POPEYEPOPEYE 958 Posts
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    Two left feet huh?
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  • CroutCrout 1,238 Posts
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    I'd say that anytime you take the name of your company and plaster it on something there are potential liability issues. And if the President sends around an email that in any way looks like he/she is "encouraging" (wink, wink) folks to sign up you could have big problems if someone gets hurt. That's why these things are best handled by employee activity committees. The argument then can't be made that anyone felt coerced to join if something bad happens.
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  • BeaveBeave 263 Posts
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    I was thinking (I know - that'll get ya in trouble) around the same lines as Crout. Be careful with the presidents encouraging involvement and consider another non-company name for the group. To be safe - run the idea by your attorney.
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  • SystemSystem 5,885 Posts
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    Now that I've been a nattering nabob of negativism, let me add this: I think your president has a fun idea, and I hope he/she goes through with it, despite the potential liability.

    Nashville used to have Corporate Challenge, a day of running races and a walk for corporate teams. We had a team for more than 15 years, and we'd get at least one-third of our ees to show up on a Saturday morning. I hope your president can have fun like we did.

    Sure, it's a little dangerous. But so is sitting on your keister all day typing on a computer.

    James Sokolowski
    HRhero.com
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  • HRCalicoHRCalico 582 Posts
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    >Sure, it's a little dangerous. But so is sitting on your keister all day typing on a computer.

    AMEN! We've seen more carpal tunnel in the first eight months of '04 than we have in three years!
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  • E WartE Wart 719 Posts
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    Talk with your insurance carrier as well as your legal counsel. Our insurance carrier provided us with a "release" that said folks who played softball on company sponsored team were not at work, it was voluntary and they would not be covered by our w/c. Sure enough someone got hurt (the owner's son). We had no problem and there was no connection to work for any of the medical bills. Did promote team spirit and folks at work got to know each other. I think it is a good thing and so sad when we have to think of these issues before we can do something "fun".

    E Wart
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  • CroutCrout 1,238 Posts
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    Can one be a nabob and NOT be nattering?
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  • pork1pork1 1,054 Posts
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    CS: Encouraging employees to participate in more healthy lifestyles is good; however, putting company name and sponsorship to a particular outside activity could very possibly align the activity with liability for injuried employees and damage to the properties of others. Check your employer published policy, if none, then contact your insurance carrier to get their concerns for medical and property damage claims caused by a physical of the sponsored activity. I believe you will discover the company is not covered for these sort of things. If no clear answer, then contact your retained attorney and get an opinion to which you can brief your CEO as to the circumstance of his wishes. We have stopped sponsoring a softball team in the city league; guessw what many of the companies have also stopped sponsoring and now there is no league sponsoring teams. We encourage ees to participate, and we authorize the ee to take off early to get to games and practice.

    Good luck with yor CEO. It may be to far gone to recommend a "no sponsorship of a riding club"!

    PORK
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