Consumption of Alcohol by Distillery Employees And the Importance of an Alcohol Use Policy Written by Ashley L. Hanke, Esq.
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y the very nature of a distillery’s culture and workplace environment, the consumption of alcohol by distillery employees is common. In fact, for some employees, the consumption of alcohol is part of their job description. From formulation, quality control, and education to consumer tastings, the consumption of alcohol by distillery employees is sometimes inevitable. Some would even say it “comes with the territory.” But from a legal standpoint, since employers are generally responsible for ensuring the safety of their employees, allowing the use of alcohol in the workplace can expose an employer to legal liability and loss of revenue, including but not limited to equipment damage, lower employee productivity, employee absenteeism, improper or inadequate production, employee injuries, and steep insurance premiums. However, with proper guidance, policies, and employee training, distilleries can set ground rules when it comes to alcohol consumption in the workplace and implement a distillery-wide Alcohol Use Policy that helps to manage both employer and employee expectations when it comes to alcohol use, time, place, and manner restrictions, appropriate employee conduct, and consequences for violations of the policy.
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Why Implement an Alcohol Use Policy? Although many distillery employers may include brief sections in employment agreements whereby the employee represents and warrants that they will perform their duties in a professional and workmanlike manner, the vagueness of this type of language leaves the employee with little to no guidance on how to conduct themselves in the workplace. However, a properly drafted Alcohol Use Policy can provide clear guidance to employees about an employer’s expectations of alcohol use in the workplace, as well as added protections for employers by making clear their position on certain “no tolerance” policies, repercussions for violating an Alcohol Use Policy, and associated risks and safety concerns for all employees.
Considerations When Drafting an Alcohol Use Policy: > Although most non-alcohol companies have the ability to outright prohibit employee alcohol consumption in the workplace, the consumption of alcohol by distillery employees is a bit more complicated.
> While some distilleries may be able to prohibit all alcohol consumption on the job for distillery employees holding certain positions, such as administrative positions or retail gift shop salespersons, other employees, such as distillers and tasting room professionals, cannot avoid consumption, even if minimal, for purposes of quality control, formulation, or education.
> Therefore, a realistic Alcohol Use Policy should be tailored to a distillery’s individual workplace culture. The policy should be specific and make clear that, while limited alcohol consumption may be permissible for employees in certain positions, all other
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