As reported by Prawo.pl, the latest draft amendment to the Labour Code and certain other acts (No. UD 318), prepared by the MRiPS, contains a proposal to regulate checks of employees for the presence of alcohol and drugs.

According to the website, the authors justify the proposed changes by stating that there is currently no way to verify whether an employee is under the influence of a substance or agent negatively affecting their psychophysical capacity. This may pose a threat to the health and life of the employee and their colleagues, as well as third parties. In some cases, it may also endanger property that could be damaged or destroyed, potentially resulting in serious financial consequences, particularly for the employer.

The sobriety check will be carried out by the employer in accordance with the procedure set out in the new Article 221c § 10. “This provision states that the group or groups of employees subject to sobriety checks and the manner in which the checks are conducted, including the type of device used, the timing and frequency of the checks, are to be specified in a collective labour agreement or work regulations, or in a notice if the employer is not covered by a collective labour agreement or is not required to establish work regulations,” reports Prawo.pl.

It is proposed that the employer should determine the group or groups of employees subject to sobriety checks. Prawo.pl reports that the method of determining these groups will depend in particular on the industry in which the employer operates.

Dr hab. Monika Gładoch, professor at UKSW, head of the Department of Labour Law and legal adviser, points out in a statement to Prawo.pl the risks associated with the procedure proposed by the drafters. “Lawyers who work with industrial, manufacturing or transport companies know very well what equipment is used there and what can happen to an intoxicated employee or someone under the influence of drugs. Therefore, I believe that the rules for determining employee groups should be changed towards consultation with trade unions. This could be done similarly to the way the remote-work regulations were created, which are excluded from the draft. Let us do the same: establish separate employee-check regulations for situations in which we cannot reach an agreement with the trade unions,” explains Professor Monika Gładoch.

Full article: prawo.pl