Published September 2001

Keep that beer, wine
out of company fridge

So, you are a modern employer who refuses to be tied to archaic rules requiring you to regulate and monitor your employees’ behavior. In fact, you prefer to run a loose organization, allowing employees to come and go as they please (“so long as they get the work done”).

Knowing that your employees like to relax after a hard day’s work, you also may keep a couple of six-packs or a bottle of wine in the lunchroom refrigerator. And, on occasion, you may celebrate the completion of difficult tasks or the signing of a high-profile client by hosting Friday-afternoon office parties.

Any problems? Plenty.

While many states address the issue of alcohol in the workplace simply by encouraging employers to operate a drug- and alcohol-free working environment, Washington has a regulation stating: “Intoxicating beverages and narcotics shall not be permitted in or around work sites except in industries and businesses engaged in the production, distribution and sale of intoxicating beverages and drugs. Workers under the influence of alcohol or narcotics shall not be permitted on the work site. This rule does not apply to persons taking prescription drugs and narcotics as directed by a physician or dentist providing such use shall not endanger the worker or others.”

This regulation does not provide exclusions for company celebrations, special announcements or Friday-afternoon beer breaks. A discussion with a Washington Department of Labor representative revealed that, though many employers do not know about this regulation, safety citations are given for violations when the DOL audits the workplace.

In addition to the general prohibition against intoxicating beverages at the work site, employers also must remember it is unlawful to give or supply liquor to anyone under the age of 21. While it is doubtful that an employer would deliberately provide alcohol to minor employees, open bars or stocked refrigerators provide opportunity and access for all employees.

Also, employers must recognize that inebriated employees are less careful about their conduct and may engage in inappropriate behavior. Such behavior could lead to claims of sexual and other harassment against the company.

The problem is not the alcohol on the work site; the problem is the abuse of alcohol and the liability that arises from it. So, how do you protect your company and your employees from those individuals who abuse alcohol?

The DOL suggests companies institute a substance-abuse policy consisting of a written substance-abuse policy, a supervisory training program, an employee education and awareness program, employee access to an Employee Assistance Program and a drug-testing program, where appropriate.

Every company also should have clear harassment policies that address conduct at company-sponsored social events and that provide for appropriate discipline. To comply with Washington’s regulation, you should prohibit alcohol at company work sites; instead, consider hosting activities off-site. Finally, limit employee alcohol intake at company-sponsored events.

While instituting these protections may not make you the most accommodating employer, it will help you become one of the safest and smartest.

Jack Goldberg is President of Personnel Management Systems Inc., with offices in Everett, Kirkland and Tacoma. The PMSI Web site is www.hrpmsi.com.

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