Company Employee Policy re Alcohol

[Crispix]

What is the name of your state? California

Sorry if this is not the best forum for the question. I represent an LLC in California. Part of our office policy reads:

[start policy snippet]
ABC Co prohibits the use, sale, dispensing, or possession of illegal drugs and narcotics and alcoholic beverages on its premises at all times. This prohibition also covers all legal or prescription drugs that may impair an employee’s ability to perform his or her job.
Note: If you are experiencing problems resulting from drugs, narcotics, or alcohol abuse or dependency, you can seek counseling [. . . ]will be kept strictly confidential and is to have no influence on performance appraisals. [ etc... ]
[end policy snippet]

From time to time, at official and unofficial company events/parties both in and out of the office, alcohol is served, only to those over 21, of course. Is this practice illegal?

In either case, does this practice raise any legal red flags? Somehow it seems that alcohol in the office, even for the Xmas party, is a potential legal problem, while company sponsored events out of the office pose less of a problem. Is this reasoning true? Thanks for any help or insight.

 

[cbg]

It is not illegal; however, the potential for liability exists. Much depends on specific circumstances.

Liability can be reduced in a number of ways. At a former company, we would offer company-paid taxi service to employees who felt they couldn't drive home. (I should mention that alcohol was served over my protests and against my better judgement.) I have also heard of companies who would provide "tickets" for two free beers or glasses of wine; anything else would be at the employee expense. Although I've never used that method, I understand from some of my colleagues that it cuts down on drinking when they have to pay for it themselves. I can probably come up with a few more possibilities when I've had time to review my notes; Beth may also have some ideas.

 

[StakeDriver]

Alcohol in the office...

I agree with cbg; alcohol is bad news in the office. What does the company gain by allowing it at any function? Minimal employee good will, maybe. Some members of the staff where I work put together a little wine tasting. I told my supervisor (who was going along with it) that I thought there should be no alcohol in the office (a government office besides) and is probably contrary to department policy. I'm not anti-alcohol but it has its place. The City I worked for prior to my current employment absolutely prohibited any alcoholic beverages at any City function or in the office. We had a Christmas function in the City Hall chambers at lunchtime once a year with all non-alcoholic beverages.

 

[Beth3]

Crispix, I suggest you speak to your legal counsel to determine exactly what the employer's liability is in your State. Much depends on your State's regulations and case law. I can tell you that it's quite possible that if you use a licensed bartender to serve alcoholic beverages at a company function, your liability may be nil. In my State (and I presume others), licensed bartenders may not be sued for serving a patron who subsequently is injured or causes injury due to intoxication, therefore the employer may not be sued or charged criminally. In other words, using a licensed bartender provides a "legal safety layer" between the employer and other parties.

That said, it is still an excellent practice to keep an eye on employees and guests and make sure nobody over imbibes, that those who look questionable to drive have alternative transportation, and to tell the bartender(s) not to hesitate to cut somebody off. Legal issues aside, you don't want a tragedy to occur following a company party.

 

[Beth3]

By the way, the tickets idea cbg mentions is not a bad one but it's not fail safe. Several years ago, an employer in my area had a holiday party at a local restaurant. At the party, one of the employees collected a goodly number of excess tickets from other party-goers who weren't using them, became very intoxicated, got in his car and killed a young mother of three on his way home.

 

[kalypso]

We had to change our handbook this year.. this is what we changed it to:
EMPLOYEE CONDUCT POLICY
3.Reporting to work intoxicated or under the influence of non-prescribed drugs;
4.Illegally manufacturing, possessing, using, selling distributing, or transporting durgs;
5.Bringing or using alcoholic beverages during your scheduled wrk shift.
With the additon of(in a diffrent area)
The company’s authorized representatives shall have the right to search an employee suspected of use, sale or possession of narcotics, depressants, stimulants, hallucinogens, and marijuana while on the job or on company premises..blah.. blah.. blah

In my opinion it is just safer to have all comp. functions off premise & to NEVER supply any sort of alcohol.... Let them purchase it on their own.. if you do not supply it.. how can you be held accountable?