Salarié sur un poste à risque dans le cadre d’une politique de prévention des drogues au travail

Drugs at Work: Building a Prevention Policy Tailored to High-Risk Positions

The Labor Code requires the employer to assess risks and implement prevention, information, training actions, and an appropriate organization. However, it does not establish generalized screening for all employees.

Start from the professional risk, not a general suspicion

The consumption of alcohol, drugs, or medication can become a professional risk when it impairs alertness in a position where a mistake endangers the person, their colleagues, clients, or the public.

The first step is to identify the activities concerned: driving, machinery, working at heights, heavy handling, security, technical interventions, or handling hazardous products.

Integrate addictive behaviors into the DUERP

The single document must reflect real work situations. It is not about stating that "employees consume drugs," but analyzing factors likely to increase risk: atypical hours, fatigue, isolation, pressure, prolonged driving, availability of alcohol, or a professional culture normalizing certain uses.

  • describe dangerous situations;
  • assess their severity and likelihood;
  • prioritize collective measures before individual ones;
  • provide indicators and regular reassessment;
  • involve competent prevention actors.
Screening is just one tool among others. An effective policy also acts on work organization, fatigue, training, replacement procedures, and access to help.

Define understandable internal rules

Employees must know which behaviors are prohibited, which positions require particular vigilance, under what circumstances a person can be temporarily removed from a task, and how to ask for help.

When tests are considered, the internal regulations or applicable internal framework must be carefully reviewed. The system must remain proportionate to the risk, not target all employees indiscriminately, and provide guarantees in case of a positive result.

Train managers to intervene properly

A manager is not to diagnose an addiction. They must know how to observe facts, secure a situation, and apply the procedure.

  • do not allow driving or machine use when an immediate danger exists;
  • involve a second manager when possible;
  • avoid any public exposure of the person;
  • note observable signs without medical conclusions;
  • contact emergency services in case of illness;
  • refer to the occupational health and prevention service.

Saliva or urine tests: what’s the difference?

Saliva is generally used when information about recent consumption is sought in a field context. Urine often offers a longer detection window and frequently searches for metabolites.

Neither of these samples directly measures impairment of abilities. The choice depends on the objective, targeted substances, thresholds, protocol, and legal framework.

A negative result does not guarantee fitness for the position. An untargeted substance, a different threshold, fatigue, alcohol, medication, or a medical problem can still create a danger.

Manage a positive result without improvising

  1. take immediate safety measures if the position requires it;
  2. preserve confidentiality;
  3. verify compliance with the instructions and reading time;
  4. offer the planned counter-expertise or confirmation;
  5. separate medical support from disciplinary decisions;
  6. then analyze organizational causes and corrective measures.

The respective roles of employer and employee

Article L. 4121-1 of the Labor Code organizes the employer’s prevention obligation. Article L. 4122-1 provides that each worker takes care, according to their abilities and following received instructions, of their health and safety as well as those of others affected by their actions.

These responsibilities are complementary. They neither allow the employer to transfer all prevention to the employee nor the employee to ignore the safety rules of the position.

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General references: Labor Code, articles L. 4121-1, L. 4121-2, and L. 4122-1; Council of State, December 5, 2016, no. 394178. This content does not replace the company’s own legal analysis.
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