Can my employer breathalyse me?
It depends: yes, but only on the terms set in the Labour Code. Since 21 February 2023 an employer can introduce preventive sobriety testing of workers (and testing for substances acting like alcohol) if it's necessary to protect the life and health of workers or others, or to protect property. The rules — which groups are covered, the method, the device type, the time and frequency — are set in a collective agreement, work rules or an announcement, and workers are informed at least 2 weeks before testing starts. The test is non-invasive (a breathalyser with valid calibration) and must not breach the worker's dignity. Apart from preventive testing, the employer can require a test on reasonable suspicion.
📋 The rules
- Sobriety testing possible since 21 February 2023
- Condition: necessity to protect life, health or property
- Rules in the work rules/agreement/announcement
- Information at least 2 weeks before testing
- Test non-invasive; doesn't breach dignity
🔓 Exceptions
- Reasonable suspicion: a test even without preventive testing
- Test at the worker's request or by police: in a dispute over the result
- Substances acting like alcohol (drugs): a separate, analogous procedure
⚠️ Penalties & fines
A worker in a state after alcohol use or of intoxication isn't admitted to work, and breaching the sobriety duty can ground disciplinary penalties, and in serious cases termination of the contract (even without notice through the worker's fault). On the other hand, a test conducted unlawfully (with no basis in the rules, breaching dignity) is defective — the worker can challenge it, and the employer keeps the test data in the file for at most a year. For lawful testing: the employer should regulate it in the rules/announcement, inform workers 2 weeks ahead, use a calibrated device and respect those tested. In a dispute over the result you can request a blood test with an authorised body.
📎 Official sources
- ISAP · Labour Code (sobriety testing, art. 22(1c)) →
- Gov.pl · Sobriety testing at work →
- National Labour Inspectorate →
❓ Frequently asked
Can the employer breathalyse a worker?
Yes, but on Labour Code terms. Since 21 February 2023 the employer can introduce preventive sobriety testing where it's necessary to protect life, health or property. Apart from that, they can require a test on reasonable suspicion that the worker is under the influence of alcohol.
How does the employer introduce sobriety testing?
The testing rules — the groups covered, the method, the device type, the time and frequency — are set in a collective agreement, work rules or an announcement. They inform workers of the testing in the usual way, no later than 2 weeks before it starts.
Can a breathalyser test breach the worker's dignity?
No. Sobriety testing must not breach the worker's dignity or other personal rights. The test is non-invasive — done with a device with valid calibration, without a lab test. The method should be discreet and in line with the set rules.
What's the penalty for being under the influence at work?
A worker in a state after alcohol use or of intoxication isn't admitted to work. Breaching the sobriety duty can result in a disciplinary penalty, and in serious cases termination of the contract, even without notice through the worker's fault. The test result goes into the personnel file.
How long are test results kept?
Information on the date, time and result of a test indicating a state after alcohol use or of intoxication is kept in the worker's personnel file for at most a year from when it was collected. In defined situations, e.g. proceedings, this period may be longer.
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