Alcohol and cannabis in the office - Getting stoned at work?

General information on alcohol in the workplace

There is no general legal ban on alcohol in the office, but there are restrictions and bans in some sectors, such as the security industry or for taxi drivers. In these sectors, alcohol is strictly prohibited during work.

In principle, the consumption of alcohol in the office is permitted as long as it does not impair your ability to work.

However, the consumption of alcohol may be prohibited by the employer in a company policy or works agreement. Under certain circumstances, it may therefore be advisable to impose appropriate restrictions.

Alcohol at after-work events – yes or no?

If the event is voluntary, it is not considered working time.

In principle, anyone can drink or refrain from drinking alcohol after working hours as they wish. Exceptions apply if, for example, works agreements stipulate a strict ban on alcohol on the company premises. In this case, it should be noted that the employer may not offer alcohol on the company premises.

However, even if alcohol is permitted, the employer still has a duty of care:

Driving a vehicle on the road with a blood alcohol level of over 0.5 per mile is prohibited anyway. Nevertheless, a strict 0.0 per mile limit should be stipulated in company car guidelines. 

Employers should also make it clear that participants in an "after-work event" who wish to drink alcohol should either leave their car behind or not arrive in it at all. We recommend placing this information clearly on invitations, for example by highlighting the text.

Is there employers' liability insurance cover during company events?

If it is a company-organised event that is open to all company employees, it is generally covered by occupational accident insurance. There is therefore generally no insurance cover for events that only serve to encourage socialising or to foster solidarity between employees.  A party organised by employees themselves is only covered by occupational accident insurance if it is organised by the company management itself or by a person authorised or appointed by it to do so.

If accidents occur during the event, the insurance cover generally also includes the assumption of costs for such accidents. The situation is different if the employees can be held partly responsible due to excessive alcohol consumption, with the result that insurance cover is reduced or even cancelled.

Furthermore, insurance cover only exists as long as the company party is taking place. After the end of the event, the insurance cover ends. An event is deemed to have ended either when the end has been clearly declared or when a clear majority of participants have left the event. If participants remain together in a group after the end of the event – regardless of whether this takes place at the location of the celebration or at another location – this gathering is no longer covered by the insurance.

Just like on a normal working day, the employee's journey to and from the event is generally also covered by the insurance. However, this only applies if the employees are on their way home immediately after the company party.

Will this also apply to the consumption of cannabis in future?

The consumption of cannabis is currently still illegal. However, there are no plans for a general ban on consumption in the workplace, even after legalisation. Employees can therefore use cannabis at work as long as their ability to work is not impaired. Furthermore, colleagues must not be affected by the employee’s use of cannabis.

However, cannabis is usually smoked. While there is no legal ban on smoking in offices either, employers are obliged under the Workplace Ordinance - if it is not an industry in which a strict smoking ban already applies for fire safety or hygiene reasons - to protect non-smoking employees from the dangers of passive smoking. This can be implemented through company guidelines or works agreements, for example.

Overall, it is therefore advisable to prohibit smoking, and thus also the consumption of cannabis, in company guidelines or works agreements - at least indoors.

With regard to the use of company cars, however, a zero tolerance currently still applies, which in other words means that anyone who consumes cannabis must leave their company car – or any other vehicle – at home. This results from Section 24a para. 2 Road Traffic Act (StVG).

Employers should include this in their company car guidelines. It should also be made clear that cannabis may only be carried to the extent permitted by law and that other illegal drugs may not be consumed or carried in any way.

What applies at the domestic workplace?

In view of the fact that there are no legal rules on the consumption of alcohol and cannabis in the office, this also applies to work activities in the context of remote working. 

If the employer sets out rules in works agreements for the consumption of alcohol or cannabis in the office, these will also apply in principle to work outside the office. However, in order to protect yourself as an employer, we recommend that you explicitly include the applicability to remote working in your company policy or works agreements.

Our recommendation

Employers should establish rules on the use of alcohol and cannabis in works agreements that clearly state whether and how alcohol and cannabis may be consumed in the office, including during remote working. If such rules already apply to work activities in the office, employers should stipulate that the same applies to work activities away from the office.

In addition, company car guidelines must be adapted accordingly or at least critically reviewed.