French State Council, July 8, 2019, N° 420434
The French State Council recently confirmed that, where the consumption of alcoholic beverages may harm the workers’ health and safety, the employer is allowed to set in the internal regulations a clause limiting or even prohibiting such consumption on the workplace.
The French State Council further held that in the event of a particularly high danger for employees or third parties, the employer may also prohibit any alcoholic impregnation of the employees concerned.
The employer must be able to establish that the clause is justified by the nature of the tasks to be performed and proportionate to the intended purpose. However, the employer does not have to justify this provision in the main body of the internal regulations. In the present case, such justification was mentioned in the single risk assessment document.