Estonian employers gain right to test workers for intoxication

Estonia, a Baltic state, has introduced amendments to its Occupational Safety Act that took effect on 26 October and give employers the right to check employees for intoxication, according to the public broadcaster ERR. The stated aim is to prevent workplace accidents and protect employees, their colleagues and other people.

The Labour Inspectorate says this does not mean every working day can now begin with an alcohol test. Under the new rules, an employer may test a worker when there is reasonable suspicion of intoxication. Suspicion may arise, for example, if a person behaves unusually, speaks unclearly or shows other possible signs of being under the influence.

Exception for hazardous work

Where working while intoxicated could have especially serious consequences, testing is allowed even without reasonable suspicion. This applies to employees whose duties include operating potentially dangerous equipment or who work in environments with such hazards. Examples given include bus and truck drivers, operators of dangerous machinery and construction workers.

Requirements for employers

Employers cannot test at their own discretion. Before testing begins, they must set out the procedures in writing and inform all employees. The procedures must state clearly how tests will be carried out, what counts as a positive result, what the possible consequences are and what happens if an employee refuses to be tested. Employees' rights must also be protected, and they must have the opportunity to contest test results.

Employers may keep intoxication test data for up to three years from the date of testing. The Labour Inspectorate stresses that the purpose of such tests must be to ensure workplace safety, not to subject employees to unjustified checks.