We believe that an employee was under the influence of alcohol during working hours however we were unable to prove this.  What is the current position on breathalysing employees at work?

Posted in : First Tuesday Q&A ROI on 7 March 2017
Julie Austin
McDowell Purcell
Issues covered:

This is a common issue for employers particularly those in the transport and manufacturing industry where health and safety issues are critical to the proper running of the organisation.

Employers Obligations

Employers are obliged to provide a safe working environment in accordance with the provisions of the Safety Health and Welfare at Work Act 2005 (the “H&S Act”). The H&S Act also provides that employees must ensure that they are not under the influence of any intoxicant, to the extent that they would endanger their own health and safety at work or that of any other person.  Effectively, this means that if an employer discovers that an employee is intoxicated to such an

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Back to Q&A's This article is correct at 07/03/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Julie Austin
McDowell Purcell

The main content of this article was provided by Julie Austin. Contact telephone number is +353 1 828 0600 or email jaustin@mcdowellpurcell.ie

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