An employer not only has the right but also the duty to prevent an employee from working if they show up intoxicated or consume alcohol at work. This is to protect the health and even the lives of other employees, as well as the employer’s property.

If an employer allows an intoxicated employee to work, they can be held accountable for a misdemeanour under Article 44 of the Act on Sobriety Education and Alcoholism Prevention.

The Intoxicated Employee Must Be Sent Home
Responsibility for this misdemeanour can also fall on other individuals with supervisory duties, such as managers or even security companies or representatives of the health and safety service, if they are assigned the duty to supervise employees.

The Employer Does Not Need to Be Certain
It is not required for the employer (or anyone acting on their behalf) to be certain that the employee is intoxicated or consuming alcohol at work. It is sufficient that the person could and should have noticed that the employee appeared intoxicated or was consuming alcohol while at work – certainty is not required. Naturally, the more negligence shown by the employer in fulfilling this duty, the harsher the penalty may be. However, the penalty is not very high – the misdemeanour carries a maximum fine of PLN 5,000.