The Legal Position

You have a general duty under the Health and Safety at Work Act 1974 to ensure, as far as is reasonably practicable, the health, safety and welfare of your employees.

If you knowingly allow an employee under the influence of excess alcohol to continue working and this places the employee or others at risk, you could be prosecuted. Similarly, your employees are also required to take reasonable care of themselves and others who could be affected by what they do.