The preventive inspection of employees on the presence of alcohol in the light of the Act on Upbringing in Sobriety and Alcoholism Prevention

Abstract

For the last few years there has been a discussion in the society, including legal circles, on the admissibility of preventive inspection of employees for their sobriety in their workplace. Nowadays, no one questions the rights of an employer to order an employee who is rightfully suspected of consuming alcohol at his workplace to restrain from work1. Moreover, according to the justification of the Supreme Court decision from 22nd September 20042, in case of the rightful suspicion of consuming alcohol by an employee, or his presence at the workplace in the state of intoxication, an employer, which also is not questioned, has the right to measure the concentration of alcohol in an emplyoee`s body, allowing him at the same time the verification of the conducted examination according to art. 17 of the Act from 26th October 1982 on Upbringing in Sobriety and Alcoholism Prevention (further on referred to as the Act