Why Employers Might Prohibit NA Beer
Workplace policies on non-alcoholic drinks vary by employer. No two employee handbooks are the same. But when it comes to certain topics, such as employer liability and employee safety, many manuals share similarities. Alcohol consumption in the workplace is one of those topics, even if non-alcoholic drinks are largely left out of the conversation as of yet.
Workplace Safety Regulations
U.S. government agencies, such as the Office of Personnel Management (OPM), the Department of Labor (DOL), and the Occupational Safety and Health Administration (OSHA), address different aspects of alcohol-related issues in work environments. Most employers are careful to draft and enforce alcohol policies that comply with government guidelines and protect employee safety. Federal regulations broadly define alcoholic beverages as having an ABV of 0.5% or higher. Product labeling and other industry standards are enforced at the federal level, while state governments have authority over alcohol-related laws concerning citizens. Even though NA beers fall below federal ABV minimums for alcoholic beverages, many workplaces choose to restrict non-alcoholic beer and wine to secure a zero-alcohol workplace and eliminate any confusion or ambiguity among employees, supervisors, and government agencies.Internal Perception and Ambiguity
Non-alcoholic beer and alcoholic beer don't look all that different from afar. At first glance, it is hard to tell the difference, which can lead to unnecessary problems that workplaces just don't want to deal with. For instance, a worker might suspect their colleague is sneaking in alcoholic beers at lunch and discreetly hiding the label from view. The accusation, investigation, and fallout could cause headaches for the supervisor, human resources, and legal departments. Having a strict no-beer (non-alcoholic or otherwise) policy simplifies life for everyone. That being said, it could be argued that 0.0% ABV beer is no more alcoholic than an iced tea, apple juice, or soda. Workplace alcohol restrictions might not specifically name non-alcoholic drinks, but if the office or worksite is drug-free, it is safest to assume the policy is "no beer, wine, or spirits" of any ABV.External Perception and Ambiguity
Just as it is difficult for colleagues and supervisors to differentiate alcoholic and non-alcoholic beers, workplace visitors may misunderstand what they are seeing when an employee is enjoying an NA beer on the job. Depending on the workplace, "visitors" encompasses different people. If you work in a school, visitors may be parents. In a business, it may mean customers or clients. In a hospital, patients and family members will visit your workspace. Anyone who isn't familiar with internal policy may see an employee: a teacher, salesperson, manager, nurse, or doctor, for instance, appear to be drinking alcohol on the job. In addition to the same workplace headaches it will cause the staff and administration, this external perception, however mistaken, can tarnish an establishment's image.Potential Impact on Productivity
Non-alcoholic beer, in almost all cases, will not get anyone drunk in the office or on any worksite. But the laid-back associations connected to drinking an NA beer might be keeping many workplaces from allowing it. While many people enjoy a non-alcoholic beer like any other beverage with their lunch, for others, the idea of beer (NA or otherwise) brings to mind good times, socializing, or relaxing after work. For many work establishments, this is not the desired vibe during work hours.Consideration for Others' Well-being
The workplace is supposed to be consistently safe for everyone within it. Employers regularly remind all employees of this. Many states require annual training to prevent harassment, promote inclusivity, and remind employees of their rights and responsibilities. Keeping alcohol-adjacent beverages out of the workplace is another way to make all employees feel welcome and safe. Whether an employee abstains from alcohol due to alcoholism, health-related issues, or other personal reasons, having NA beer and zero-alcohol wine in the workplace might trigger unpleasant or unwelcome feelings.Promotion of General Health
Non-alcoholic beer can be a healthy alternative to alcoholic beer for many people. Still, when an employer promotes healthy habits such as good nutrition, exercise, mental health, and other wellness, keeping all alcohol-adjacent beverages out of the workplace consistently delivers that message.Can an Employee Drink NA Beer Off-Premises at Lunch?
What an employee drinks off-premise at lunch or at a work-related event is still technically under the purview of the workplace policy on alcohol consumption. Regulating employees' offsite drinking habits comes down to one thing: impairment, both on the job and on the road.
Generally, a non-alcoholic beer will not cause intoxication or impairment in a healthy adult, simply because of the low alcohol by volume. A healthy liver can metabolize one standard alcoholic drink per hour, according to the California Department of Alcohol Beverage Control and the Cleveland Clinic. An alcoholic beer averages 5.0% ABV, while a non-alcoholic beer has one-tenth of that or less (0.5% to 0.0% ABV).
In other words, a healthy liver can process a non-alcoholic beer long before the trace level of alcohol can build up in the bloodstream. To get the physical effect of one regular 5.0% ABV beer, someone would need to consume 10 or more NA beers, one after another.
Even still, because workplace rules regarding alcohol follow you when you leave the work building, you are bound to follow the same rules as in the office.
So, while previous generations may have indulged in a three-martini lunch without thinking twice, today's employees are better off enjoying a refreshing mocktail made without any zero-proof spirits. To find a bar or restaurant near you that serves quality mocktails, try our Mocktail Finder.
Do NA Beers Count as Alcohol?
By federal law, non-alcoholic beers are not defined as alcohol. But whether a non-alcoholic beverage is treated like alcohol is purely up to the laws of your state. Further, how NA beers are seen in the eyes of your employer dictates whether you can consume them at your workplace. Outside of the workplace, if you are just planning on enjoying an alcohol-free beer at home, knowing how to read a label will help you select a beer with zero alcohol.- Non-alcoholic: Less than 0.05% ABV
- Alcohol-free: Usually 0.0% ABV, but this terminology is not always consistent.
- 0.0% ABV: Truly alcohol-free. All detectable alcohol has been removed.
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Can Drinking NA Beer Make You Fail a Drug Test?
If you work in a field where routine drug tests are performed, you probably do not want to gamble by having a non-alcoholic beer on the job.
The 0.5% ABV or less in a non-alcoholic beer is a trace amount of alcohol, meaning it is a barely detectable quantity. But barely detectable means there is still a chance that a drug test can pick it up.
Any situation that implements drug testing to enforce absolute sobriety—whether it is for those employed in fields such as transportation, healthcare, and the military, or for those on court-mandated probation—benefits from avoiding all beer, including NA beer.
When in Doubt, Consult Your Employee Handbook
To find out how your employer handles non-alcoholic beverages during work hours, consult your employee handbook or check with the human resources (HR) department. If NA beer isn't mentioned in the handbook, but you find out that HR has an explicit policy about non-alcoholic beverages, ask that it be clearly added to the handbook so your colleagues don't have to chase down the answer next time. If you find out your employer prohibits non-alcoholic beer on the job, consult the NA Beer Finder to find the perfect place to have a refreshing NA beer, mocktail, or alternative beverage after work hours.Frequently Asked Questions
Can you drink NA beer in public?
If a public or semi-public place serves non-alcoholic beer, it is legal to drink it there. For instance, many zoos, museums, music venues, and sports stadiums sell NA beer and wine, so you can definitely consume it there in designated places. Other public places may be trickier, such as beaches, parks, and city sidewalks. Unless ordinances are prominently posted in obvious places, it can be hard to tell what's OK and what isn't. State law often dictates how non-alcoholic adult beverages are restricted (or not) in public places. In some cases, the state defers to county or local governments. If you can't tell, consult the location's website, call the city clerk's office or the non-emergency line of the local police department.Can you smell a non-alcoholic beer on someone's breath?
Yes, NA beer can be smelled on someone's breath because non-alcoholic beer has a similar flavor profile to regular beer. It won't leave a pungent alcohol smell, since NA beer has trace ABV (0.5% to 0.0%), but the smell of beer ingredients (hops, malt, sugars) and the fermentation process may be detectable on the breath. However, "NA beer breath" will likely be much subtler than that of alcoholic beer.How many NA beers equal one beer?
The ratio of NA beers to alcoholic beers by alcohol volume is approximately 1:10. A standard, alcoholic beer is about 5.0% ABV, while a non-alcoholic beer is 0.5% to 0.0% ABV. In other words, someone would need to drink 10 or more non-alcoholic beers to reach the alcohol level of one alcoholic beer. The ratio varies, depending on which two beers you are comparing. NA beers may have 0.0% ABV, and some robust alcoholic stouts may exceed 10% ABV.Do open container laws apply to non-alcoholic beer?
Having an open container of NA beer could land you a violation, depending on how your state addresses non-alcoholic beverages. In states where NA beer is subject to the same restrictions as alcohol, you must steer clear of having open containers of any alcohol-related beverage in the car. Some states do not treat NA beer like alcohol, but keep this in mind: if a police officer pulls you over because your NA beer looks like an alcoholic beer, this may be reasonable suspicion to give you a breathalyzer. Depending on when you drank the non-alcoholic beer and whether any alcoholic beverages preceded it, you may be putting yourself at risk of violation.Sources
- OSHA: https://www.osha.gov/
- OSHA Standard Interpretations: https://www.osha.gov/laws-regs/standardinterpretations/1998-05-02
- National Archives, Code of Federal Regulations: https://www.ecfr.gov/current/title-27/chapter-I/subchapter-A/part-7
- California ABC: https://www.abc.ca.gov/education/licensee-education/alcohol-facts/
- Office of Personnel Management (OPM): https://www.opm.gov/policy-data-oversight/worklife/reference-materials/alcoholism-in-the-workplace-a-handbook-for-supervisors/
- Department of Labor (DOL): https://www.dol.gov/agencies/eta/RRW-hub/Getting-started/Preventing-substance-use
- U.S. Commission on Civil Rights: https://www.usccr.gov/files/pubs/ada/ch4.htm
- National Institutes of Health (NIH): https://pmc.ncbi.nlm.nih.gov/articles/PMC6683807/
