Can you drink alcohol at work?

Verified 09 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Alcohol consumption in the workplace is prohibited. However, there are some tolerances in the labor code.

What alcoholic beverages may be allowed at the workplace? Can the employer limit or prohibit their consumption completely? Can he control alcohol consumption at work? What is the risk for employees who do not comply with these restrictions? We are taking stock of the regulations.

None alcoholic beverage is not allowed in the workplace.

There is, however, a exception for subsequent beverages, when taken for meals :

  • Beer
  • Cider
  • Wine
  • Perry

Warning  

The employer must allow employees to quench their thirst during work. This excludes alcoholic beverages.

Yes, the employer may restrict or prohibit the consumption of alcohol at work. This is the case if this consumption can carry damage to the safety and to the physical and mental health workers.

The employer is responsible for the health and safety of its workers. As such, it must take all measures to prevent accidents.

It must then provide for these provisions in the rules and regulations if the company is subject to this obligation.

If not, a memo may also provide for these limitations.

The employer has an obligation to ensure safety and health of its employees.

Failure to comply with this obligation may result in civil and/or criminal penalties.

A fine of €10,000  per employee concerned may be applied if this obligation is not complied with.

FYI  

The employer shall be prohibited from allowing drunk persons to enter or stay at the workplace.

Yes, a blood alcohol level test is possible.

It must have been anticipated in the rules and regulations or the memo.

It has to be done in the presence of a third party (e.g. CSE member).

This check must be justified by the nature of work entrusted to the employee. If a potential drunken state puts persons or property at risk, then blood alcohol screening is warranted.

In addition, it must be possible for this blood alcohol level test to be disputed by the employee. He can ask for a second opinion, that is to say that a new test is carried out.

The employee who does not respect rules and regulations the following may be used: disciplined. This penalty may include dismissal for serious misconduct.

Warning  

Accident at work In the case of alcohol-related accidents, the employee may not be compensated by the CPAM: titleContent.

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