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Offenburg - There are companies where a glass of wine in the afternoon heralds the creative final spurt.
Elsewhere, thirst is generally quenched with beer.
But what about labor law?
Are employees actually allowed to drink alcohol during working hours?
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In itself, yes.
Jürgen Markowski, specialist lawyer for labor law in Offenburg, refers to an occupational health and safety regulation of the German Social Accident Insurance (DGUV).
It states that insured persons are not allowed to put themselves or others in danger by consuming alcohol, drugs or other intoxicating substances.
Strict regulations for certain professional groups
As Markowski explains, this is a "relative alcohol ban".
In addition, it does not only affect alcohol consumption in the company.
"Rather, the employee will also have to adjust his private behavior in such a way that it complies with the regulations." For example, by not coming to work drunk.
Strict exceptions apply to certain occupational groups: “For example, bus drivers are simply not allowed to drink alcohol during work,” says Markowski.
Here there is also the requirement to start work with zero per mille.
Absolute prohibition only possible to a limited extent
In principle, the employer also has the option of completely prohibiting alcohol consumption in the workplace.
But this is not always possible.
Rather, interests have to be weighed against each other: the employer's interests in the undisturbed and risk-free management of the company against the general freedom of action of the employee, which also includes the right to moderate alcohol consumption.
Jürgen Markowski is a specialist lawyer for labor law and a member of the executive committee of the labor law working group in the German Bar Association (DAV).
Jürgen Markowski
According to the prevailing opinion, an absolute alcohol ban is only possible if abstinence is necessary to fulfill the duty to work or to ensure safety in a work area, says Markowski.
Where there is a works council or staff council, such a ban generally requires the approval of the committees.
dpa