Amendments to the Occupational Health and Safety Act that take effect on October 26 will give employers the right to test employees for intoxication.
However, according to the Labor Inspectorate, this does not mean that every workday can now begin with a breathalyzer test. Under the new rules, employers may test employees for intoxication if there are reasonable grounds for suspicion. For example, suspicions may arise if an employee behaves unusually, slurs their speech or displays other signs of possible intoxication.
An exception applies to workplaces where working while intoxicated could have particularly serious consequences. If an employee's duties involve operating potentially hazardous equipment or they work in an environment involving such hazards, the employer may conduct intoxication tests even without reasonable suspicion. This could apply, for example, to bus and truck drivers, operators of dangerous machinery and construction workers.
The aim of the amendment is to prevent workplace accidents and protect employees, their colleagues and others.
Employers cannot conduct intoxication tests at their own discretion. Before conducting tests, they must establish written procedures and inform all employees of them. These procedures must clearly specify how testing will be conducted, what constitutes a positive result, the potential consequences of such a result and what happens if an employee refuses to be tested. Employees' rights must also be protected and they must have the opportunity to challenge test results.
Employers may retain intoxication test data for up to three years from the date of testing.
The Labor Inspectorate emphasizes that the purpose of intoxication testing must be to ensure workplace safety, not to subject employees to unjustified checks.
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