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
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