Question
One of our employees brought medicine balls and other fitness equipment to his office. He is exercising in his office before and after work hours. Should we allow him to continue doing this? Are there any risks for us?
Answer
There are certainly risks associated with allowing employees to bring exercise equipment to use on company property (whether during work hours or not), given the potential for employees to suffer injuries from using such equipment. For example, there may be negligence or workers' compensation claims if an employee is injured while participating in physical fitness activities, regardless of whether exercise equipment is provided by an employer or employee. There can also be exposure if an employer allows employees to bring in equipment that is not structurally safe—something that may be difficult for an employer to confirm one way or the other.
In addition, an employer should be aware of potential employee relations issues. For example, tension may develop among employees if one employee brings in exercise equipment and seeks to exclude co-workers from using it or is overbearing whenever someone borrows it. Furthermore, allowing one employee to bring in fitness equipment can set a precedent, and other employees may want to do the same. Such a situation can create difficult issues, if not discrimination claims, if an employer seeks to later deny an employee the ability to bring in fitness equipment when it approved a similar request previously. Also, if an employee’s equipment is damaged or stolen, the employee may seek to hold the employer responsible and demand reimbursement.
Given such risks, if an employer wishes to allow employees to bring in fitness equipment and exercise at the workplace, the employer should take appropriate steps to protect itself. An employer should work with legal counsel to draft appropriate policies regarding exercising at the office, as well as safety guidelines that may be posted in the workplace. Legal counsel can also assist with creating a waiver and release form that employees must sign prior to participating in any on-site fitness activities. In addition, an employer should put its general liability and workers' compensation carriers on notice because there may be specific obligations under applicable insurance policies that impact coverage and premium rates. Finally, an employer should keep in mind that contractual language and policies might not necessarily eradicate all liability risks for workers’ compensation or negligence claims.