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Employers may already check the sobriety of their employees

21.02.2023

On Tuesday, the legislation came into force which defines the rules for sobriety checks in the workplace. The regulations in this area have been developed by the Ministry of Family and Social Policy. An employer will have the right to measure the alcohol content in the body using a breathalyser.

Employers may already check the sobriety of their employees

These are very important amendments to the Labour Code, which are to guarantee the safety of all employees. The regulations have been created with numerous consultations with society and respond to the expectations of employers – says the Minister of Family and Social Policy Marlena Maląg.

Rules for sobriety check at work

If the company internal regulations provide for preventive sobriety checks, employers will have the right to check their employees using a breathalyser. In other cases, the check will be carried out by the police. The same rules will apply if there is a suspicion of using other intoxicants.

According to the new law, an employer may introduce sobriety checks of employees if it is necessary to ensure the protection of life and health or protection of property. Sobriety checks may not violate the dignity and other personal rights of an employee.

An employer does not admit an employee to work if the sobriety check shows the presence of alcohol in their body. If the test result does not indicate a condition after using alcohol, the period in which an employee is not admitted to work is the period of justified absence from work, for which an employee retains the right to remuneration.

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