I have an employee that is planning a student demonstration in which he carries a large tree on his back. He wants it to be a struggle. We are concerned about him getting hurt. This is outside his job description. He is a youth pastor. Is there anything we can do to protect ourselves from any potential worker’s comp claims? He has been advised this is not a good idea but we don’t want to put a stop to it since the overall message is a good one for church’s youth.

I appreciate your situation. Asking an employee to sign a waiver is usually frowned upon by WC authorities. Waivers often do not hold up in a challenge. It is the employer’s ultimate responsibility to keep the worker safe and even if the injury is the worker’s fault, WC is still in play. You may want to contact your WC / General Business Liability agent who can put you in touch with the carrier. Perhaps they can advise you on your options – of any – under the terms of your policies.

Is there a workaround to the actual heavy tree? Perhaps an artificial tree that would not be as heavy? I understand the pastor’s desire for a realistic experience. But, eliminating your liability as an employer can likely only be accomplished by refusing to allow the activity.

Sorry, I don’t have better news. But, I hope this helps a little.

February 2018