Home » HR practices » Professional development » Legal developments » National legislation » Poland: employers do not have the right to use alcootests to monitor alcohol intake levels Poland: employers do not have the right to use alcootests to monitor alcohol intake levels Through . Published on 09 July 2019 à 14h28 - Update on 09 July 2019 à 16h29 Resources Following a series of GDPR-related modifications to the Labor Code, Poland’s National Data Protection Council had to deal with a barrage of questions on whether employers could use alcootests on its employees. A chink was opened when Article 22 of the Labor Code was modified enabling some employee health related information to be processed by employers, with the employee’s agreement. However the National Council has decided that this provision does not give employers the right to unilaterally test alcohol levels by way of alcootests. At the same time the Council recalled that workplace alcohol testing could only occur under two conditions: (i) the employee is suspected as having consumed alcohol during working hours or has come to work inebriated; (ii) the testing is carried out in the presence of an authority (such as the police), and blood testing is carried out by those qualified to do so, in order to ensure the credibility of the result. Planet Labor, 9 juillet 2019, n°11215 – www.planetlabor.com GDPR Need more info ? Contact mind's on-demand study service Which service do you want to contact :WritingCommercial serviceTechnical SupportFirst name Last name Organization Function email* Object of the message Your messageRGPD J’accepte la politique de confidentialité.CommentsThis field is for validation purposes and should be left unchanged. Essentials Les dernières publications Supporting parenthood in the workplace: a win-win strategy Supporting employee carers: a CSR challenge Analyzes Les dernières publications Paternity leave: data observations from 41 countries EU: during H1 2022 five EU Member States have raised their minimum salary levels