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Regulation on alcohol testing published in the Journal of Laws

by Michał Majnusz

23 February 2023

Amendments to the Labour Code under which employees may be preventively tested for the presence of alcohol or substances having similar effects to alcohol became law on 21 February 2023.

The Regulation of the Minister of Health that came into force on the same day, elaborates, among other things, on:

conditions and methods of testing for alcohol or substances having similar effects to alcohol by the employer,
-types of devices the employer may use to test employees for alcohol,
list of substances having similar effects to alcohol.

Preventive tests may be carried out provided that relevant provisions are included in a collective labour agreement or in work rules or in an in-house announcement – if the employer is not covered by a collective labour agreement or is not required to establish work rules – and employees are notified of the applicable rules for preventive tests two weeks in advance.

Under the new laws, employers are authorised to test employees for alcohol or substances having similar effects to alcohol to a greater extent than before. Employers must also meet a few formal requirements for a test to be considered valid.

Do you have any questions about the upcoming changes? You are welcome to contact our experts.

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Michał Majnusz

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