Alcohol at work: what employers need to know
19 Dec 2025
With the year-end approaching, many companies are planning staff events where alcohol will be served. This is therefore the right time to revisit how alcohol at work must be managed in Belgium, both on a day-to-day basis and during ‘exceptional’ occasions such as Christmas drinks or New Year receptions. Indeed, (excessive) consumption of alcohol at the workplace can quickly translate into safety risks, deteriorating performance and complaints of inappropriate behaviour. For employers, this is not merely a question of culture or corporate image, but a matter of legal compliance and getting your policies and processes right is paramount.
Legal framework: key obligations for organisations
Belgian employers have a general duty to ensure that work is carried out in conditions that safeguard employees’ health and safety and to take preventive measures where risks are identified. To translate this general duty into practice, specifically where the use of alcohol and drugs is concerned, Collective Bargaining Agreement (CBA) no. 100 provides a concrete framework. Indeed, this CBA requires all private-sector employers to, after consultation with the appropriate employee representative body and the prevention services, implement a preventive alcohol (and drugs) policy. The CBA provides a two-phase approach; every company is required to define the principles and objectives of their alcohol policy in a policy statement incorporated in the work regulations. In addition, the CBA encourages employers to translate these principles into concrete measures such as rules on availability and consumption of alcohol, procedures for incidents, testing possibilities and handling temporary unfitness for work.
When drafting such policy and deploying in day-to-day operations, employers often wonder which tools they can legitimately use to manage alcohol-related risks. While alcohol testing may seem an obvious option, it’s important to point out that its use is tightly regulated under Belgian law. The employer can only use non-biological, non-calibrated tests such as simple ‘positive/negative’ breathalysers or psychomotor tests and only if the employee gives free and informed consent, and if specific conditions are met (tests must be included in the company’s preventive alcohol policy, can only be used for prevention and to assess immediate fitness for work, etc.).
Building a clear and actionable policy
It’s highly recommended to implement the provisions of CBA no. 100 to the fullest extend within the company and provide for a sufficiently detailed and actionable alcohol- and drugs policy with concrete rules and procedures. The policy should provide clear behavioural expectations, as well as operational guidance for managers to help guide day-to-day decisions.
Below are some practical tips to build a robust policy:
| Define a clear scope and expectations covering work‑linked consumption |
| Describe step-by-step procedures for addressing dysfunction |
| Include a training regimen for managers on how to spot and handle incidents and on their legal responsibilities |
| Offer assistance routes (occupational physician, psychosocial services, external help) and protect confidentiality |
| Clearly link possible disciplinary measures to the work regulations and ensure they are foreseeable and proportionate |
| Integrate possible use of non-biological tests in the policy and work regulations, with strict conditions |
| Include a procedure to document incidents factually |
Handling an incident: from safety to sanctions
Even the most carefully designed policy cannot fully eliminate the risk of alcohol-related incidents at work or at work-related events. In such situations, employers must first focus on safety and risk management, then on fact-finding and dialogue, and only then on sanctions.
The employer’s approach should therefore, in the first instance – and of course depending on the severity of the misconduct – be focused on further prevention rather than punishment, and it’s advised to hold a meeting with the employee, involving management, HR, and, if requested, a union representative. Where an incident is isolated and of limited gravity, the focus will then often be on re-establishing expectations. Where behaviour is repeated or severe, the employer can combine support measures with a gradual sanctions regime, going from verbal or written warnings for first-time incidents to a suspension or even a dismissal for serious cause for particularly serious misconduct or repeated behaviour that continues despite prior warnings and the proper application of prevention measures. Note that any disciplinary sanction must be included in the work regulations for it to be able to be imposed.
Key takeaway
Alcohol at work, and around work, must be on companies’ radars. Organisations should ensure that policies are up to date, clearly communicated, and understood throughout the year, and especially during the festive period. A thoughtful approach today can therefore significantly reduce legal and reputational risks tomorrow while promoting a safer and healthier working environment for everyone.
If you have any questions about managing alcohol consumption in the workplace or about the Belgian legal framework, don’t hesitate to reach out; we’d love to hear from you!
