Employers in Estonia will be able to test employees for intoxication — ERR News
In Estonia, amendments to the Occupational Health and Safety Act will enter into force on October 26, allowing employers to test employees for intoxication. As ERR News reports, the new rules are intended to prevent workplace accidents and protect employees themselves, their colleagues and other people.
Testing when there are grounds
The Labour Inspectorate stressed that the amendments do not mean the introduction of daily breathalyser tests. An employer will be able to conduct testing if there are reasonable grounds to suspect that an employee is intoxicated. Such grounds may include unusual behaviour, slurred speech or other signs of possible intoxication.
At the same time, an exception will apply to jobs where an employee being intoxicated could have particularly serious consequences. If a person operates potentially dangerous equipment or works in an environment with such risks, testing will be allowed even without prior reasonable suspicion. This may apply to bus and truck drivers, operators of dangerous machinery and construction workers.
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Written rules and protection of employees' rights
Employers will not be able to conduct such checks at their own discretion. Before introducing them, they must approve written testing procedures and inform all employees about them.
The document must define the procedure for conducting tests, the criteria for a positive result, the possible consequences of such a result and actions if an employee refuses to undergo a check. Employees' rights and the possibility of appealing a test result must also be ensured. An employer will be able to retain intoxication test data for up to three years from the date of testing.