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Employers Now Have a Clear Legal Basis for Testing Employees for Intoxication
Employers Now Have a Clear Legal Basis for Testing Employees for Intoxication
On 26 October 2026, amendments to Estonia’s Occupational Health and Safety Act came into force. One of the key changes provides employers with an explicit legal basis for testing employees for intoxication and processing the personal data necessary for such testing. This applies to intoxication caused by alcohol as well as narcotic drugs or psychotropic substances. RASK Lawyer Maria-Helena Rahumets provides an overview of the new legal provisions.
Employers may test employees for intoxication where there are reasonable grounds for suspicion. Such suspicion must be based on specific circumstances rather than mere assumptions. For example, an employee may arrive at work displaying signs of intoxication, such as an unsteady gait, slurred speech or the smell of alcohol on their breath.
In certain exceptional circumstances, testing may be carried out even without reasonable suspicion. This applies where an employee’s duties involve operating or managing a source of heightened danger, or where the employee works in an environment involving such hazards. In other words, this covers work where even a single mistake could cause significant harm despite appropriate precautions, or where there is a high risk of harm occurring. Examples include bus drivers, crane operators, laboratory workers handling explosive substances and electricians working on high-voltage power lines.
Before carrying out any intoxication testing, employers must establish a testing procedure and communicate it to their employees. The procedure may form part of the company’s internal work rules or be set out in a separate document. It should cover at least the following:
Employers have a legal obligation to remove intoxicated employees from work. However, this does not automatically mean that their employment can be terminated.
If an employer is considering terminating an employee’s contract due to intoxication, they must assess the circumstances and seriousness of the breach and comply with the requirements of Estonia’s Employment Contracts Act.
As a general rule, the employee must first be given a warning that any further breach may result in termination of their employment contract.
When Can Employers Test Employees for Intoxication?
Employers may test employees for intoxication where there are reasonable grounds for suspicion. Such suspicion must be based on specific circumstances rather than mere assumptions. For example, an employee may arrive at work displaying signs of intoxication, such as an unsteady gait, slurred speech or the smell of alcohol on their breath.
In certain exceptional circumstances, testing may be carried out even without reasonable suspicion. This applies where an employee’s duties involve operating or managing a source of heightened danger, or where the employee works in an environment involving such hazards. In other words, this covers work where even a single mistake could cause significant harm despite appropriate precautions, or where there is a high risk of harm occurring. Examples include bus drivers, crane operators, laboratory workers handling explosive substances and electricians working on high-voltage power lines.
Employers Must Establish a Procedure for Intoxication Testing
Before carrying out any intoxication testing, employers must establish a testing procedure and communicate it to their employees. The procedure may form part of the company’s internal work rules or be set out in a separate document. It should cover at least the following:
- The testing procedure, including how the tests will be conducted;
- What constitutes a positive test result and the consequences for the employee;
- Safeguards for employees, including the possibility of a repeat test or an alternative testing method where necessary;
- The consequences of refusing to undergo testing;
- How test results will be documented and stored;
- The procedure for challenging test results.
Intoxication Does Not Automatically Justify Termination of Employment
Employers have a legal obligation to remove intoxicated employees from work. However, this does not automatically mean that their employment can be terminated.
If an employer is considering terminating an employee’s contract due to intoxication, they must assess the circumstances and seriousness of the breach and comply with the requirements of Estonia’s Employment Contracts Act.
As a general rule, the employee must first be given a warning that any further breach may result in termination of their employment contract.