Sober look at the issue of workplace substance use

Klaudia Laskowska

One thing is no longer in doubt nowadays: the employer does have the right to monitor sobriety in their establishment. But practical problems abound. Many companies are wondering if they may:

• pursue a zero-tolerance policy for alcohol,
• check the sobriety of outside employees,
• have their security contractor run sobriety checks,
• monitor how medicine use by employees affects their capacity for work.

Employer’s liability

Breaching the duty to remain sober at the place of work is a serious occupational health and safety violation. How to monitor sobriety and increase the related awareness among employees is important mainly in the context of employer’s liability, including the management’s criminal liability. Employers will find it crucial to manage this risk so that it is kept as low as possible.

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