Small amounts of alcoholic beverages are sometimes even legally consumed at work: a special business deal is celebrated, a colleague brings cake and sparkling wine for a birthday, or a special vintage is to be sampled for a company party. As long as these rather harmless forms of alcohol consumption in the workplace are approved by management, they generally do not pose a problem. However, if supervisors are not informed or if drinking occurs contrary to their instructions, this is no longer merely a gray area but a violation of employee obligations, which, depending on the severity, may even justify immediate termination. Alcohol at work is generally not only counterproductive to job performance, it can also pose a significant safety risk, for example if, after a celebratory drink, one of the participating colleagues has to operate heavy equipment, vehicles, or hazardous substances. At this point, safe work can no longer be guaranteed due to alcohol consumption.
Employers should not rely entirely on the personal responsibility of their workforce to prevent accidents, and, in their own business interests, must ensure that employees perform their duties properly—that is, without the influence of alcohol. If alcohol is consumed secretly by individual employees without the knowledge of colleagues and supervisors, not only the health and well-being of the employee are at risk, but also the quality of work and the safety of colleagues. Our detective agency in Berlin accordingly investigates suspicious employees through internal and/or external surveillance for alcohol consumption immediately before or during working hours—contact us for advice: +49 30 2016 9221-0.
If, for example, employee A is sitting at his desk with a vodka flask, it can be assumed that this is not a management-approved drink, but rather an employee who has lost control of himself and the situation. Whether due to personal or professional stress, dissatisfaction, or addiction, long-term alcohol consumption in the workplace inevitably leads to serious consequences. Alcohol reduces concentration, determination, cognitive ability, motor skills, and overall performance. However, the most serious consequence is usually not the decline in performance, but the increased error rate, often with far-reaching effects on workflows and the company as a whole. Unprofessional behavior such as lack of criticism tolerance or outbursts toward colleagues, supervisors, and even customers is also not uncommon. In addition, alcohol functions both as a symptom and a cause of psychological problems, which in turn can lead to long absences and create organizational challenges for the company.
If there is suspicion in your company of an employee regularly under the influence of alcohol, our Berlin detectives are always available to assist you. By deploying an investigator undercover within your company using an appropriate cover identity, workplace drinking behavior can be documented. For field staff, technicians, and other professions that typically do not operate on company premises, discreet surveillance during working hours is an effective option. If there is also a specific suspicion that alcohol consumption occurs outside working hours, so that the employee arrives at work already under the influence, monitoring during leisure time is also permissible. Obvious alcohol odor, unmistakable slurred speech, photographic evidence of hidden flasks or bottles, or the act of consumption itself serve as evidence in visual (photo and video), written (investigation report), and verbal form (testimony of the deployed detectives) for unlawful alcohol consumption in the workplace.
The above statements by our Berlin corporate investigation agency are supported by various statistics showing that alcohol in the workplace is a significant cause of damage to companies and workplace injuries:
For employers, these figures are alarming. Swift and targeted intervention is essential to prevent financial and personal damage to the company. According to a study by the University of Hamburg, alcohol consumption in the workplace alone caused economic damage of nearly 30 billion euros in 2007, while alcohol-related accidents during working hours cost around one billion euros (source: Spiegel).
Company owners and HR managers are responsible for complying with occupational safety legislation, specifically Section 2 § 3 Basic Obligations of the Employer: “The employer is obligated to take the necessary occupational safety measures, taking into account the circumstances that affect the safety and health of employees at work.” If the presumably intoxicated employee is unwilling to admit to an alcohol problem or workplace consumption even in a personal discussion, our private investigators in Berlin are available to gather evidence. How you proceed with the collected material is entirely up to you: personal confrontation with the goal of reaching a consensus, attempting to encourage the employee to seek addiction counseling, or—in the case of refusal—termination (without notice) due to inadequate job performance, violations of employee obligations, and potential endangerment of colleagues and company resources.a
Every works council or business owner must determine whether alcohol is to be banned even from company parties and birthdays, making the company completely alcohol-free, or whether sparkling wine and beer are permitted on certain occasions. Even matters that may seem self-evident should be clearly communicated by management: if machines are to be operated, people treated, or vehicles driven, any consumption of alcohol during working hours or even during lunch breaks is strictly prohibited. Since the employer is obligated to protect employees in accordance with occupational safety law, management must not ignore or tolerate absenteeism, missed appointments, or poor or missing work, but instead confront the employees concerned and, in the case of dishonesty or lack of insight, present solid evidence—if necessary documented by investigators such as our Berlin corporate detectives.
A staff meeting does not necessarily have to lead directly to termination, as if the employee is indeed suffering from alcoholism, all parties have an interest in improving the situation; instead, a solution in the form of therapy should be sought with the employee. However, if the employee persistently refuses to begin therapy, termination without notice is legally justified (see LAG Hamm, ref.: 8 Sa 1412/04).
Do you have the troubling suspicion that one of your employees not only occasionally comes to work with residual alcohol from the previous day, but even drinks from a flask at the workplace or regularly reports for duty under the influence? Then contact our private detective agency in Berlin for consultation or assignment. Should legal proceedings arise, our investigating detectives are happy to testify as witnesses. You can reach us during our business hours (Monday to Friday, 08:00 a.m. to 07:00 p.m.) at the following phone number: +49 30 2016 9221-0.