ILS 119.5
Er, I am still not sure what point you are trying to prove.
If nothing has happened, then there can be no negligence on anyones behalf.
Going back to your original senario, if the pilot has turned up and someones gone to managment before he gets to the plane, then I would presume that any management in any occupation where the amount of alcohol consumed by its staff is controlled by law would be very silly to allow the person to work. It could be seen as aiding and abetting an offence, but on that I think you would need the opinon of someone like Flying Lawyer.