Sobriety testing under the new Labour Code regulations can alternatively be conducted using two methods:

• Infrared spectrometry
• Electrochemical oxidation

However, the possibility to choose the device is only apparent. The employee will be able to request verification of electrochemical oxidation test results that were more than 0.00 mg/dm3. Repeat testing must be done by infrared spectrometry.

The above methods vary considerably. Analyzers using oxidation have a simpler design and usually weaker electronics, so their measurements may have higher error. Analyzers using infrared spectrophotometric measurement are far more precise and their advantage is that they distinguish blood alcohol from mouth alcohol found in the mouth and oesophagus (the so-called residual alcohol) and other oxidizable substances. However, the cost of the device is about PLN 20,000.

Any employer who intends to carry out sobriety tests must face such costs. The alternative is to call the police every time an employee requests a retest.

Find more in the PRO HR May 2023