Allowing a drunken employee to work is an offence

An employer has not only the right, but also the duty not to allow to work an employee who appears at work under the influence of alcohol or consumes it at work. This is to protect the health and even life of other employees, as well as the employer's property. If an employer allows an intoxicated employee to work, he may be liable for an offence under Article 44 of the Act on Upbringing in Sobriety and Prevention of Alcoholism.

Intoxicated employee must be sent home

Another person who has the duty to supervise employees may also be liable for this offence - including supervisors and even a security company or health and safety representatives, if they have been delegated the duty to supervise employees.

The employer doesn’t need to be sure

It is not required that the employer (or someone acting on the employer's behalf) is certain that the employee is intoxicated or has consumed alcohol at work. It is sufficient that such a person could and should have noticed that an employee turned up for work intoxicated or consumed alcohol at work - no certainty is required here. Of course, the greater the disregard for this duty on the part of the employer, the harsher the penalty may be. However, it is not very high - the offence is punishable by a maximum fine of PLN 5,000.

Source: BiznesTuba
Date: 15 December 2021
Language: Polish