Alcohol Consumption at Lunch Time

pampers1

Is there a law against alcohol consumption during ones lunch break?

MagicMarker

It's not illegal to drink unless you're underage. However, it may be frowned upon by the company you work for.

Fallen Buckshot

Ive been known to have a pint or 2 maybe a neat whiskey with my lunch tis all good unless yer out to get LunchLangers :P

Prenderb

From the Safety Health and Welfare at Work Act, 2005

13.—(1) An employee shall, while at work—


(a) comply with the relevant statutory provisions, as appropriate, and take reasonable care to protect his or her safety, health and welfare and the safety, health and welfare of any other person who may be affected by the employee's acts or omissions at work,


(b) ensure that he or she is not under the influence of an intoxicant to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person,


(c) if reasonably required by his or her employer, submit to any appropriate, reasonable and proportionate tests for intoxicants by, or under the supervision of, a registered medical practitioner who is a competent person, as may be prescribed,

...

dats_right

A breach of those duties specified in s.13 can constitute an offence pursuant to s77 of the Act, but there really is an extraordinarily high burden of proof for the prosecution (HSA) to meet. Indeed the HSA would have to prove:
1. the person was under the influence of an intoxicant. Which is a lot easier said than done as unlikely to be allowed test on the spot.
2. That said intoxication was to such an extent as to endanger his or her own safety, health or welfare at work or that of any other person again this would prove very difficult to prove in practical terms.

So in practical terms it would be almost inconceivable that an employee would be charged with this offence. However, and of far more practical significance in a case where an employee was drinking would be what the employee's contract of employment says regarding being under the influence of alcohol on the work premises. Because it would almost certainly justify disciplinary proceedings and might even permit summary dismissal from employment.

johnnyskeleton

MagicMarker wrote: »

It's not illegal to drink unless you're underage. However, it may be frowned upon by the company you work for.

...and as long as you're not operating complicated machinery to such an extent that you put another person's life at stake..then you're golden.

Victor

johnnyskeleton wrote: »

...and as long as you're not operating complicated machinery to such an extent that you put another person's life at stake..then you're golden.

What if you were trying to defend a drunk driver in court and came across as tipsy? Or as a stockbroker paid over the odds in a transaction?