{"id":13409,"date":"2026-04-09T09:33:58","date_gmt":"2026-04-09T07:33:58","guid":{"rendered":"https:\/\/bloglaboral.garrigues.com\/?p=13409"},"modified":"2026-04-21T16:35:36","modified_gmt":"2026-04-21T14:35:36","slug":"alcohol-and-drug-controls-at-work-the-tool-that-can-protect-employees-by-reducing-accidents","status":"publish","type":"post","link":"https:\/\/bloglaboral.garrigues.com\/en\/alcohol-and-drug-controls-at-work-the-tool-that-can-protect-employees-by-reducing-accidents","title":{"rendered":"Alcohol and drug controls at work: the tool that can protect employees by reducing accidents"},"content":{"rendered":"

In certain jobs, occupational accidents can be related, in a high percentage, to the consumption of alcohol and drugs. Adequate monitoring by the company can prevent or reduce them. Determining when and to what extent such monitoring is possible is crucial for the proper implementation of protocols for the control of the use of these substances.<\/strong><\/p>\n

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The consumption of alcohol and drugs is a reality that affects society, in general, and that can have an impact on the workplace, in particular, since it is nothing more than a reflection of social life.<\/p>\n

Alcohol<\/strong> and drug use <\/strong>can exponentially increase the likelihood of accidents and injuries in certain types of jobs. Therefore, in those positions in which the provision of services under the influence of alcohol and drugs <\/strong>is perceived as a risk \u2014in those whose occupational risk assessment is identified as such\u2014 the company must provide measures to eliminate or minimize it<\/strong>.<\/p>\n

Among these measures we find (i) the preparation of a protocol<\/strong> for the prevention, detection and control of the presence of alcohol and drugs in the body of people who provide services in the company, as well as (ii) the performance of controls<\/strong> under the umbrella of said protocol for the detection of these substances.<\/p>\n

In certain cases, alcohol and drug detection tests are legally covered by Article 22 of Law 31\/1995, of\u00a0 November 8, on the Prevention of Occupational Risks, and are carried out with the aim of verifying whether the employee\u2019s condition may constitute a danger to themselves, to the rest of the employees and to other people related to the company.<\/p>\n

In these cases, the submission of alcohol and drug controls<\/strong> by the employee could become mandatory<\/strong>. An example in which our courts have validated this control in the specific case (public passenger transport service) is the judgement of the Labor Chamber of the High Court of Justice of the Basque Country, of\u00a0 March 21, 2023<\/a>. This court concluded that driving under the influence of alcohol or drugs poses an objective risk to the employee\/driver and passengers or third parties, so, from an occupational risk prevention point of view, the company was obliged to detect whether the potential risk could occur, to avoid it. It therefore held that the random tests carried out by the company in question on the employees\/drivers were valid, considering that it was the only way to protect the overriding interest in the safety of the employees\/drivers and users of the public service.<\/p>\n

The elaboration and implementation of a protocol for the control of the presence of alcohol and drugs in the body requires an in-depth legal-labor analysis to ensure that the fundamental rights of employees are respected.<\/p>\n

Among other issues, it is necessary to determine with special care the specific tests that can be carried out as part of the protocol, as well as the personnel who will be authorized to carry them out, in what cases, to which people, in what place and in what way.<\/p>\n

But the implementation of an alcohol and drug control protocol is not only a preventive measure<\/strong>: it is a declaration of values<\/strong>. The use of such substances is first and foremost a health problem, and the company can play an active role in directing assistance resources and\/or rehabilitation programs. Offering employees real support through referral to specialized services or the facilitation of treatments contributes to individual well-being<\/strong> and generates a positive impact on society as a whole<\/strong>.<\/p>\n

Companies that are committed to safe, healthy and responsible work environments in this area not only comply with the law, but also build stronger organizations<\/strong>, with more committed workforces and a reputation that distinguishes them.<\/p>\n

In short, with the appropriate legal support, this process can be carried out effectively, guaranteeing the rights of the workforce and providing the company with a first-rate preventive tool.<\/p>\n

Ana Rodr\u00edguez Casado<\/strong><\/p>\n

Labor and Employment Department<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In certain jobs, occupational accidents can be related, in a high percentage, to the consumption of alcohol and drugs. Adequate monitoring by the company can prevent or reduce them. Determining when and to what extent such monitoring is possible is crucial for the proper implementation of protocols for the control of the use of these […]<\/p>\n","protected":false},"author":4,"featured_media":13412,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[100,96,104],"tags":[],"coauthors":[870],"class_list":["post-13409","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-collective-bargaining","category-labor-law-and-working-conditions","category-labor-law-trends"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/posts\/13409","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/comments?post=13409"}],"version-history":[{"count":2,"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/posts\/13409\/revisions"}],"predecessor-version":[{"id":13421,"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/posts\/13409\/revisions\/13421"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/media\/13412"}],"wp:attachment":[{"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/media?parent=13409"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/categories?post=13409"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/tags?post=13409"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/bloglaboral.garrigues.com\/en\/wp-json\/wp\/v2\/coauthors?post=13409"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}