Working Out at Work and Liability Issues

The Elder · March 2004

I'm brand new to the site - I am the HR Director at the Michigan Supreme Court. The Chief Justice wants to donate some work out equipment ( stationary bike and treadmill ) that could be set up in the basement for employees to use. Do any of you offer equipment to employees to use? Do you have rules? Have you had any liability issues (workers' comp or being sued for bad equipment)? We think it is a great idea but worry about any fall out - you know the saying, "No good deed ever goes unpunished."

Thank you.

hrtexas · March 2004

If you have Workers Comp, check with your carrier. Ours first said --NO. Liability could stem from faulty equipment or injury while using the equipment. They then backed down a little and said "Maybe". Your carrier would be the final authority. We have equipment purchased by the company for employees to use. They sign a waiver that while they are using the equipment they are not on company time and not covered by workers comp, and the company is not liable for any injury. We also hired a fitness consultant, and he said that home equipment is not durable enough for the rigors of use by many employees. Good luck!

hhaynal · March 2004

Our mfg operation has an exercise facility that was initially for use by employees, but has now been expanded to include employee family members and contractor employees. When mgmt first wanted to expand to contractor employees, we dealt with workers' comp and negligent issues and ultimately allowed their use of the facility. Just recently, a recommendation was made to allow immediate employee family members (over age 16) access to the facility. All persons using the facility must sign a release and also have a form completed by their physician indicating medical release to use facility. Our sister business unit has had a fitness operation such as this in use for many years with no adverse consquences. Most of our equipment was originally donated, but new equipment has also been added. If you want to see our waiver forms, let me know.

City · March 2004

hhaynal, I would like to see your waiver forms. My email is [email]pmuir@cityclub-ftw.com[/email] and fax is 817-878-4024.

We are a private dining and athletic club and we had an injury sustained by one of our employees when he was working out. He happened to be one of our fitness trainers. We do not have a requirement that our trainers maintain their own fitness but they do, in fact, work-out in our Club. I maintained that he was on his own time when he tore his tendon but the risk management folks felt that without any waiver, we didn't have a leg to stand on. I'd sure like to get that in place for the future.

Thanks,

City

marc · March 2004

Welcome to the site.

You have received the kind of advice I expected to see from your question. There are indeed liability concerns and they are probably heightened by the use of equipment intended for home use. Waiver forms are a good idea, but they have their limitations.

I used to work for a ski resort that had a waiver printed on the back of each and every ticket, but that waiver was of no effect when any guest or worker was injured. You might have some idea of the types of settlements and awards that happen despite the waiver that was drafted and approved my numerous expensive attorneys.

What strikes me as a bit curious is why you would ask this group about liability issues when you have some of the finer arbiters of this kind of dispute at your immediate reach. The Chief Justice should know more about this type of issue than any of us. In fact, if you find a waiver that is effective and approved by the Chief Justice, you should share it with us.x;-)

I say that a bit toungue in cheek. The resources you can access could be a wonderful addition to the forum. Again, welcome.

Working Out at Work and Liability Issues

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