Alcohol Policy

jriley

Can an employer in the state of NH dictate to employees that can not have a drink during their lunch away from the office? (See below). Thanks!!


The following rules and standards of conduct apply to all employees either on Company property or during the work day (including meals and rest periods). The following are strictly prohibited by the Company:

1. Possession or use of alcohol, or being under the influence of alcohol while on the job;

Balloonman

I see nothing wrong or unreasonable with that!
My $0.02 worth.
DJ The Balloonman

jriley

I agree, nothing wrong with it, however, can they "legally" request this? I thought an employee could do what they wanted during their lunch period?? We are a high-tech company. Employees don't use equipment (other than a computer and printer...) or operate machinery. Thanks!

WT

Alcohol is a legal substance and may be consumed by any person on their own time. This policy is trying to regulate what is consumed just prior to returing to work. The only thing I can find even close to this question are the DOT rules for drivers with commercial drivers licenses. These rules do prohibit consumption of alcohol before reporting for duty. I believe such consumption is prohibited for four hours prior to reporting for duty. Thus the DOT rules do regulate consumption of alcohol prior to returning to duty and they would apply in all states.

jriley

WT, thanks for your reply. Seeing how we don't employ drivers, it sounds as though the DOT rules wouldn't apply. If I understand you correctly, an employee can do what they want while away from work. My understanding is even if an employee had, say a beer, at lunch, you wouldn't question them on it, unless their work suffered. Correct?

LFernandes

We adopted the DOT Drug and Alcohol policy but we equally enforce it company wide. If an office EE (or anyone for that matter not just a driver) goes to lunch and comes back to work showing signs of alcohol or drug use, they are immediately taken for a reasonable suspicion drug test. If it comes back positive, they are placed on administrative leave. While on leave, they must provide proof they they sought treatment and pass another drug screen prior to coming back to work.

LFernandes