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Blog Post: Celebrating Safely: Thoughts on St. Patty's Day


posted Tuesday, March 17, 2009 10:06 AM

Over salads yesterday, I asked my friend Maureen McNamara about her St. Patrick's Day plans.  We leapt right over St. Patrick's snake chasing skills, and went straight to the cocktails. 

How does this holiday, and the festive plans many employees have, impact employers?  Maureen and I both work with restaurants.  She trains and coaches and I advise and litigate. 

In our conversation, Maureen pointed out the obvious: An excessive thirst quenching can lead to some… concerns. As a former bartender and an Instructor of ServSafe Alcohol ( www.ServSafe.com) she reminded me that there is much to consider while protecting your business, your employees and your green-wearing revelers. 

As I mentioned in an earlier post, employers are not free from liability if tragedy strikes after a work-sponsored event.  Restaurants, because of their constant service of alcohol, must be mindful of their liability on a daily basis.  Restaurants and employers hosting soirees where alcohol is served would be wise to consider the following facts and tips:

1) The liver is basically able to break down one drink an hour. More than that and the alcohol becomes backed up in the bloodstream. 2) A 140 pound woman will likely be at or above the legal limit (.08 BAC) if more than 3 drinks are consumed in an hour. That would typically be three 12oz beers, 1.5 martini’s, ½ a long Island Ice Tea (you heavy handed bartenders!) 3) Having food available will help slow the absorption of alcohol. 4) Supervisors and managers of a restaurant or party would be wise to watch for subtle signs of intoxication: overly friendly/ flirty behavior; or, someone who is buying drinks for strangers or complaining about the strength of drinks. 5) Look for the obvious signs of intoxication: slurring, loss of concentration, stumbling, spilling and glassy unfocused eyes. 6) Train your team to count drinks and watch for changes in behavior. 7) Slow down or stop service when people show signs of intoxication. 8) Be mindful of possible sexual harassment and other claims that could be triggered by a poorly-managed party.  In my experience, many claims start with a cocktail-drenched night.  People misinterpret signs, ignore blatant statements like "no, I don't want to go out with you" and let their guard down.  In these situations, sexual harassment claims grow like weeds.

With a fatality due to drunk driving approximately every 37 minutes we all want to do our part to ensure our business, employees and guests are protected.  With a few simple limits, St. Patty's day can be an opportunity for responsible fun.  Cheers!

Laura J. Hazen is a Director at Ireland Stapleton Pryor & Pascoe, P.C. In her employment practice, Hazen provides day-to-day advice and coaching to public and private companies on various employment matters. She also has an active litigation practice where she concentrates on representing business in all aspects of complex business and employment disputes. You can contact her by email at

lhazen@irelandstapleton.com or by phone at 303-623-2700.

Maureen McNamara has worked in almost every position in the hospitality industry and has certified over 10,000 people in the Responsible Alcohol Service course. For more information or certification courses visit www.DynamicLearningInc.com or www.ColoradoRestaurant.com

This article is intended as a general discussion and information on the topic covered, and is not to be construed as rendering legal advice. If legal advice is needed, you should consult an attorney. This article may not be reprinted or reproduced in any manner without prior written permission of the author.

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Laura Hazen

 

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About Me
Laura is an attorney and director with Ireland Stapleton. Laura advises companies on employment issues, and litigates employment disputes. She strives to provide creative and compassionate solutions to her employer and employee clients alike.
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