This is related to amendments to the Labor Code concerning personal data processing, as well as to a December ruling of the Supreme Court. In this ruling, the Court discussed doubts concerning the legality of sobriety testing by the employer itself. Previously, this had not been questioned. 

In order to protect yourself from accusations, in particular ones levelled by trade unions and by employees, we recommend that you review your rules for sobriety testing, and that you undertake other actions necessary to ensure that sobriety testing remains legal.
 
As a rule, sobriety tests should be carried out by an authorized agency, usually the police. Even if the test is carried out by the employer with the employee’s consent, it may be necessary to summon the police anyway, depending on the result. What also needs review are random tests, carried out in spite of there being no specific circumstances that justify them. A test should only be carried out when there is a reasonable suspicion that an employee is intoxicated.

CONTACT:

Sławomir Paruch
Attorney-at-Law/ Partner
slawomir.paruch@raczkowski.eu

Robert Stępień
Attorney-at-Law/ Senior Lawyer
robert.stepien@raczkowski.eu