The Data Protection Inspectorate (AKI) of Estonia has appealed to the Ministry of Social Affairs with an initiative to enshrine in the law the legal basis for conducting drunkenness checks of employees. About this informs ERR.
Currently, workplace drunkenness testing is not regulated by law in Estonia, and because of this, employers do not have a clear legal basis for such procedures, even though working under the influence of alcohol can pose serious risks.
“Legal ambiguity puts both employers and employees in a difficult position. Although the employer is obliged to suspend an employee from work in a state of intoxication, there are no reasonable opportunities to check such a condition.” — noted AKI General Director Pille Lekhis.
Lechis recalled that a previous attempt to include a relevant provision in the Health and Safety at Work Act in 2022 was not successful – in the second reading, Parliament removed it due to concerns about possible excessive restrictions on workers’ rights. According to AKI, it is possible to find a balanced solution in this matter, which would take into account the interests of both parties.
At the same time, in Finland, the PEth test is increasingly used in labor practice, which determines the level of phosphate diethanol in the blood and indicates the consumption of alcohol outside of work, for example during vacation, which in some areas can lead to sanctions by the employer.
