Should Your Business Require Employees And Customers To Sign Waivers?

April 30, 2021

Certain businesses must require customers and employees to sign waiver forms in order to stay safe and prevent liability issues. Depending on the state in which the business operates, the nature of the business, and several other factors, it may be necessary to have not only employees but also staff sign waivers. 

Who Needs to Sign Waivers?

Liability waivers are useful for businesses across many industries. Businesses that operate with the potential for risk to be incurred on employees or clients must have necessary safety precautions in place. In addition to doing everything they can to limit risks and prevent injuries, businesses should also have customers and staff sign waivers. Waiver forms can help reduce the risk of potential lawsuits and liability issues for any business, regardless of the industry. 

One of the great things about working with an experienced waiver development company is that there are plenty of options from which to choose. Finding the one that meets your business’ needs is easier than you might think. A good waiver for your business can help ensure the long-term success of not only your business but also its reputation.  

Return to Work Waivers

Liability waivers are typically used to protect businesses against claims that customers might make against a company. That said, there are many different kinds of waiver forms that may be necessary for a business. Employees who have sustained injuries on the job and have taken a leave through worker’s compensation may need to sign a “return to work” waiver prior to returning to work. Worker compensation laws are typically an employee's exclusive solution against their employer for occupational injuries and diseases. 

Having full time employees sign waivers that exclude them from receiving worker compensation is illegal in many states. Workers’ compensation laws vary according to one’s work status (i.e., whether they are full time, freelance, contractors, etc.). In the same vein is COVID-19. If an employer tries to waive a claim for Covid-19 that came about as a result of an infected employee's exposure to the virus in the workplace, the employer may be held accountable.

In this case, the employer will be seen as trying to avoid statutory obligations as mandated by the Occupational Safety and Health Administration (OSHA) to provide a safe workplace for employees.  Asking employees to sign a waiver to that effect will require them to assume risks that the workplace is unsafe, which may violate an employer's obligation under OSHA.

How Employee Waivers Must be Used in the Workplace

When employees and staff are acting in professional capacities (i.e., on the clock), their workplace responsibilities are intact. On the other hand, when employees are outside of the workplace and not acting in their professional roles, employee waiver forms are not expected to be in effect. In this case, customer waiver forms would take effect.

For example, an employee at a climbing gym who decides to climb after his/her shift must be asked to sign a liability waiver, just as any other customer would. This is because the employee would be putting themselves in the same situation as any other customer and submitting themselves to the same degree of risk. All that needs to be done in this situation is to have the individual fill out a simple electronic signature on a waiver on a tablet or computer. 

WaiverFile lets businesses to create waivers that can be signed from computers, tablets, or any mobile device. Learn more by reaching out to our team today. 

Disclaimer: The content on this site is not legal advice. No attorney-client relationship is established. To ensure your online consent form is legally binding based on your location, industry, and specific circumstances, consult a legal professional in your area.

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