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You may restrict alcohol consumption at work through your health and safety and personnel policy, but in principle, you may not simply test employees for alcohol: this involves special personal data and requires a legal basis that most employers do not have.
Alcohol at work: not prohibited, but to be arranged
Having a drink at a social gathering is not legally prohibited, but as an employer, you are responsible for a safe workplace and liable in the event of a workplace accident. Therefore, you may and must establish rules regarding alcohol and drug use, especially in safety-sensitive positions.
Lay down the rules in policy
Include clear regulations in your employee handbook or health and safety policy: when alcohol is or is not permitted, what the consequences of a violation are, and how you handle working under the influence. Clear, pre-communicated rules form the basis for measures.
Are you allowed to test employees?
An alcohol or drug test processes health data and is therefore, in principle, not permitted without a specific legal basis. For most employers, that basis is lacking, even if a prohibition is stated in the policy. Therefore, focus on observable behavior and performance, not on testing, unless the law explicitly grants you that leeway.
Action upon use
If you determine that an employee is under the influence, you may remove him from work and, depending on the severity and the policy, take measures under employment law. In the event of suspected addiction, the duty of care and reintegration also play a role.
Frequently Asked Questions
Am I allowed to require an employee to take a breathalyzer test?
As a rule, no: such a test processes health data and requires a legal basis that most employers do not have. Focus on behavior and performance.
Am I allowed to completely ban alcohol in the workplace?
Yes, you may include an alcohol ban in your policy. Communicate it clearly and apply it consistently.
Can I fire someone for alcohol use?
That depends on the severity, the policy, and the circumstances. In cases of addiction, the duty of care and reintegration apply. Seek advice on a case-by-case basis.
Properly document your alcohol and health and safety policy?
Our legal experts incorporate clear rules into your employee handbook. View our employment lawteam or schedule a free consultation.
