The Preventive Inspection of Employees on the Presence of Alcohol in the Light of the Act on Upbringing in Sobriety and Alcoholism Prevention

• Autorzy: Jan Meler
• Języki publikacji: EN

Abstrakty

EN

For the last few years there has been a discussion in the society, including legal circles, on the admissibility of preventive inspection of employees for their sobriety in their workplace. Nowadays, no one questions the rights of an employer to order an employee who is rightfully suspected of consuming alcohol at his workplace to restrain from work. Moreover, according to the justification of the Supreme Court decision from 22nd September 2004, in case of the rightful suspicion of consuming alcohol by an employee, or his presence at the workplace in the state of intoxication, an employer, which also is not questioned, has the right to measure the concentration of alcohol in an emplyoee`s body, allowing him at the same time the verification of the conducted examination according to art. 17 of the Act from 26th October 1982 on Upbringing in Sobriety and Alcoholism Prevention (further on referred to as the Act on Upbringing in Sobriety). The discussion on the admissibility of the preventive, frequently unjustified, inspection of employees on the presence of alcohol flared up after numerous fatal accidents that recently had place in Poland caused by intoxicated drivers of public transport vehicles. Since then, both some transportation companies as well as many alike business entities in the whole country, have introduced internal regulations according to which tram and bus drivers undergo the preventive inspection on the presence of alcohol in their bodies before starting work. (fragment of text)

Słowa kluczowe

EN

Alcoholism; Prevention; Labour law

PL

Alkoholizm; Prewencja; Prawo pracy

• Czasopismo: Law and Administration in Post-Soviet Europe
• Rocznik: 2018
• Numer: vol. 5, iss. 1
• Strony: 13--17

Twórcy

autor

Jan Meler

• Kolegium Jagiellońskie TSW

Bibliografia

• Complak Krystian, Balicki Ryszard, Bartoszwicz Michał, Haczkowska Monika (ed.), Masternak-Kibiak Małgorzata, Ławniczak Artur, The Constitution of the Polish Republic. The Comments, Lexis Nexis 2014.
• Kuba Magdalena, The Legal Forms of Inspection towards Employees at the workplace. Lex 2014, chapter 4.2.1. The Inspection of Employee`s Sobriety in Polish Legal System.
• Liszcz Teresa, The Labour Law, Warszawa 2011.
• Romer Maria, The Labour Law. The Comments,edition. V, Lexis Nexis 2012,.
• Sanetra Walerian, The Labour Code. The Comments,Edition. III LexisNexis 2013.
• Zalas Grażyna, Skrzydło-Niżnik Iwona, The Act on Upbringing in Sobriety and Alcoholism Prevention. The Comments, Zakamycze 2002.
• The adjudication of the district court in Gdańsk-Południe in Gdańsk from 26th April 2016, IV P 1123/14, Lex no 2055664,.
• The adjudication of the Constitutional Tribunal from 4th April 2001, K 11/00, Lex no 46869.
• The adjudication of the Provincial Administrative Court in Krakow from 22nd March 2016, III SA/Kr 1290/15, Lex no 2034167.
• The adjudication of the Provincial Administrative Court in Poznań from 23rd July 2014, SA/Po 296/14, Lex no 1493550.
• The adjudication of the Supreme Court from 11th February 2000, II UKN 401/99, OSNP 2001/15/498.
• The adjudication of the Supreme Court from 13th April 1972, I PR 153/72, OSNC 1972/10/184.
• The adjudication of the Supreme Court from 22nd September 2004, I PK 576/03, OSNP 2005/7/91.
• The adjudication of the Supreme Court from 2nd February 2011, II PK 189/10, Lex no 811844.

Identyfikatory

DOI

10.2478/lape-2018-0002