Rules for Conducting Workplace Sobriety Checks in Poland
According to Article 22(1c) § 10 of the Polish Labour Code, alcohol testing of employees must be carried out in accordance with the terms set forth in internal labor regulations, collective agreements, or official announcements issued by the employer. If no collective agreement is in place, the employer is obligated to establish and implement clear workplace sobriety testing procedures. These internal rules must define, among other things: the type of devices used for conducting sobriety checks (e.g. breathalyzers), the timing and frequency of the tests.
Employers are required to notify employees of the implementation and rules of sobriety control in the workplace at least two weeks prior to the start of the testing. This information should be communicated in accordance with the company’s standard communication practices—either in paper or electronic form—and must be provided before the employee is allowed to begin work.
In addition, pursuant to Article 237(11a) § 1 of the Polish Labour Code, any documents outlining the workplace alcohol testing policy must be consulted with employees or their representatives prior to implementation.
When Can a Contractor Refuse a Sobriety Test
The situation is different in the case of civil law contracts governed by the Civil Code. For mandate contracts (umowa zlecenia), it is the principal’s responsibility to include appropriate provisions regarding sobriety testing for contractors.
It is strongly recommended that such clauses be explicitly stated in the contract. Otherwise, the contractor (zleceniobiorca) has the right to refuse a breathalyzer test, which may lead to legal and operational complications. If the contract does not contain relevant provisions, the principal (zleceniodawca) has no legal right to perform a sobriety check independently—unless the contractor voluntarily agrees to such testing.
If the contractor refuses to undergo a sobriety test administered by the principal, the test may only be performed by authorized public services, such as the police, upon formal request.
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When Can a Principal Administer a Breatalyzer Test?
A principal (zleceniodawca) has the right to conduct a breathalyzer test if the relevant provisions authorizing such testing are included in the mandate contract, and the contractor (zleceniobiorca) has given their consent.
In the absence of such provisions—or in the event of the contractor’s refusal—the only lawful way to perform sobriety testing is to request the intervention of authorized public services, such as the police. It is essential that all sobriety testing procedures comply with applicable legal regulations, both for employees under employment contracts and individuals working under civil law contracts.
It should be noted that sobriety checks and substance testing (for substances with effects similar to alcohol) apply not only to contractors but also to all individuals working under mandate contracts (umowa zlecenia), contracts for specific tasks (umowa o dzieło), and self-employment arrangements.
Information defining the rules and procedures for such testing should be included directly in service agreements or, alternatively, in separate internal regulations or a summary of sobriety control rules applicable to individuals engaged under the above-mentioned types of civil law contracts.
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