Directive on Workplace Alcohol Detection

Why an internal alcohol policy is a necessity, not just more bureaucracy

The State Labour Inspection Office can impose a fine of up to CZK 300,000 for failure to comply with the ban on alcohol consumption in the workplace. The fact that even state institutions are not exempt from inspections is proven by a recent investigation at the Ministry of Labour and Social Affairs regarding alcohol served at a Christmas party.

Without an internal policy, you expose yourself not only to sanctions but also to protracted and expensive legal disputes with employees. A well-drafted policy is your primary legal defence. It demonstrates that you have taken a systematic approach to risk prevention, which is a strong argument both before the inspectorate and in court.

At ARROWS, we specialise in preparing such internal regulations to be not only compliant with the law but also practical for your operations. Our Prague-based legal team is ready to help you – write to us at konzultace@arws.cz.

Czech legislation and court practice: What you need to know as an employer

The basic legal framework is defined in the Labour Code. Section 106(4)(e) prohibits employees from entering the workplace under the influence of alcohol and from consuming it during working hours, as well as at the workplace outside of working hours. Subparagraph (i) of the same paragraph then imposes an obligation on the employee to submit to a test to determine whether they are under the influence of alcohol.

However, the text of the law alone is not enough. The key is how the courts interpret these rules. Two recent Supreme Court judgments have fundamentally changed the perspective on this issue, moving away from a simplistic, strict interpretation.

The first key judgment (case no. 21 Cdo 4733/2015) shattered the myth of absolute "zero tolerance." The Court stated that a positive breathalyser test does not automatically constitute a serious breach of duties that would justify dismissal. The employer must always assess the so-called intensity of the breach, taking into account the specific circumstances – what job the employee performs, what the measured alcohol level was, whether safety or property was endangered, and what their past work ethic has been.

The second crucial judgment (case no. 21 Cdo 1562/2023) clarified that even refusing a breathalyser test is not automatic grounds for summary dismissal. Although it is a breach of duty, it may not reach the intensity of a "particularly gross manner" required for such a strict penalty.

These judgments show a clear trend: courts require employers to take a contextual and thoughtful approach instead of mechanically applying rules. This places much higher demands on internal processes and makes expert legal advice essential. The lawyers at ARROWS monitor the latest case law and will help you set up processes that will stand up in court. For an immediate solution to your situation, write to us at konzultace@arws.cz.

Step by step: How to correctly create and implement an alcohol testing policy

A high-quality internal policy is fundamental. It must be clear, understandable, and legally sound. It should contain several key elements to ensure its validity and enforceability.

Key points of the policy:

1. Legal framework: Reference to relevant laws, especially the Labour Code and Act No. 65/2017 Coll., on Health Protection from the Harmful Effects of Addictive Substances.

2. Written designation of authorised persons: A named list of managers who are authorised to order a breathalyser test. This is a crucial formal condition.

3. Procedure in case of suspicion: A clear description of what behaviour is considered reasonable suspicion and how to document it.

4. Testing procedure: Specification of the method (breathalyser test), the necessity of a witness, and the obligation to draw up a written record of the test.

5. Consequences of a breach: Definition of possible sanctions in accordance with the principle of assessing the intensity of the breach.

Subsequent implementation is just as important as the creation of the policy itself. You must demonstrably inform all employees of its content and ensure it is permanently accessible to them, for example, on the company intranet. Training for managers who will conduct the tests is also key. A properly established policy is the foundation of corporate compliance.

The test itself in practice: When, who, and how can an employee be tested?

Conducting a test is a sensitive process where precisely defined rules must be followed. Any mistake can lead to the result being challenged and subsequent steps being invalidated.

When? Only upon reasonable suspicion

Under Czech legislation, it is not permitted to conduct blanket or random testing. You can only test an employee if you have reasonable suspicion that they are under the influence of alcohol. Typical examples include the smell of alcohol on the breath, staggering, confused speech, or causing a workplace accident or property damage.

Who? Only a manager designated in writing

The instruction for a breathalyser test may only be given by a manager who has been authorised in writing to do so. If the instruction is given by someone else, the employee does not have to submit to the test, and the entire procedure is invalid.

How? Correct procedure and documentation

The test must be carried out using a calibrated device and in the presence of at least one witness. A detailed record of the entire process must be drawn up and signed by the tested employee, the authorised manager, and the witness. If the breathalyser test is positive, or if the employee refuses it, they have the right (and the employer can order) to undergo a more accurate medical examination via a blood test.

"Tested positive" or refused: What are the legal consequences and how to proceed?

The result of the test is only the beginning. The subsequent procedure must be adequate and in accordance with the law and case law.

In the case of a positive result, all circumstances must be considered. A low level of so-called residual alcohol (up to 0.3‰) in an administrative worker with a previously unblemished record will likely only result in a written warning (reprimand letter). Conversely, a higher level in a forklift driver may be assessed as a serious or particularly gross breach of duties and grounds for dismissal.

If an employee refuses the test, the law treats them as if they were under the influence of alcohol. However, as confirmed by the Supreme Court, even this does not automatically lead to summary dismissal. Even in such a case, the employer must be able to prove that they had valid and well-documented reasons for their initial suspicion.

International context: How is it handled in Germany, Poland, and Slovakia?

For companies operating in multiple countries, it is crucial to know that the rules for alcohol testing vary significantly across the region. A uniform company policy for all of Central Europe is legally risky.

In Slovakia, the legislation is similar to Czech law, but the OHS Act gives employers a stronger mandate for "continuous monitoring," which is often interpreted as the ability to conduct random checks as well.

In Poland, an amendment to the Labour Code in 2023 brought a fundamental change: employers can conduct preventive checks without specific suspicion if it is necessary to protect life, health, or property and is regulated in an internal policy.

In Germany, there is no single statutory ban; everything is governed by the employer's general duty of care (Fürsorgepflicht), and the consent of the works council (Betriebsrat) is often required.

This diversity shows that what is legal in Poland may be illegal in the Czech Republic. Thanks to our ARROWS International network, built over ten years, we handle these cross-border labour law issues on a daily basis. We ensure that your internal rules comply with local legislation in every country where you operate. Do you need international legal assistance? Contact us at konzultace@arws.cz.

ARROWS: Your partner for a safe and legally sound workplace

The issue of alcohol in the workplace is complex and fraught with legal pitfalls. The risk of high fines and lost lawsuits is real. Our experience from providing long-term services to more than 150 joint-stock companies and 250 limited liability companies shows that prevention is always more effective and cheaper than dealing with the consequences.

At ARROWS, we offer a comprehensive legal service:

• Drafting internal policies tailored to your operations.

• Expert training for managers and HR departments.

• Legal consultations in crisis situations.

• Representation before the State Labour Inspection Office and in court.

Don't wait for the first problem or an inspection from the labour inspectorate. Set your rules correctly and with confidence. Contact us at konzultace@arws.cz and get a legal solution tailored to your company.