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Safety

"Come on, a beer after work — are you in?"

Alcohol at work, after-work beers, smoking at the workplace — what applies?

§ 31 Abs. 2 JArbSchG / § 15 DGUV Vorschrift 1 / § 5 ArbStättV

It depends …
Clear bans apply to minors — and for everyone: do not work intoxicated.
The employer may not give young people alcoholic drinks or tobacco whose sale is prohibited under the Youth Protection Act (§ 31 (2) JArbSchG) — so no alcohol at all under 16, and no spirits and no cigarettes or e-cigarettes under 18. For everyone: you may not put yourself into a state through alcohol or drugs in which you endanger yourself or others (§ 15 DGUV Regulation 1). Many companies have a general alcohol ban. With smoking, the company must effectively protect non-smokers (§ 5 ArbStättV) — so you do not have to breathe in second-hand smoke. Nobody may pressure you to drink.

What the law says

§ 31 (2) JArbSchG – Alcohol and tobacco
The employer may not give young people alcoholic drinks, tobacco products or other products named in §§ 9, 10 JuSchG whose sale to them is prohibited.
§ 15 (2) DGUV Regulation 1 – Intoxicants
Insured persons may not put themselves, through alcohol, drugs or other intoxicants, into a state in which they can endanger themselves or others.
§ 5 ArbStättV – Protection of non-smokers
The employer must take the necessary measures to effectively protect non-smoking employees from the health hazards of tobacco smoke.

What you can do

  1. A friendly "no thanks" is enough — nobody may pressure you.
  2. Under 18: the company may not give you spirits or cigarettes.
  3. Anyone working intoxicated at machines can quickly lose insurance cover.
  4. Bothered by smoke at work? Raise non-smoker protection in writing.

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