Work accident, alcohol or drugs: employer obligations and responses

First priority: rescue and secure

After an accident, testing for substances must never delay first aid. The employer or responsible person present must stop the danger, secure the area, call emergency services if necessary, and prevent another accident.

Observable facts must be recorded precisely: time, place, task performed, equipment used, witnesses, circumstances, and measures taken. Avoid premature judgments or unestablished diagnoses.

Can the accident still be considered a workplace accident?

The Social Security Code defines a workplace accident as one that occurs by the fact or on the occasion of work. When an event happens during work time and at the workplace, a presumption of work-relatedness may apply.

Consumption of a substance, even if wrongful, is therefore not sufficient alone to conclude that the accident is unrelated to work. Recognition by the insurance fund, civil or criminal liability, and disciplinary sanctions follow different reasoning.

The employer’s six reflexes

1. protect: stop the dangerous task and take care of the people;
2. alert: contact emergency services and relevant internal contacts;
3. record: gather factual elements without premature accusations;
4. declare: complete the accident-related procedures within applicable deadlines;
5. analyze: investigate all technical, human, and organizational causes;
6. correct: update risk assessments and prevention measures.

Can testing be done after the accident?

A test should not be improvised just because an accident has occurred. Within the company, its use must be planned within an appropriate framework, concern positions or situations justified by safety, and respect guarantees announced to employees.

The protocol must specify the authorized person, sampling conditions, confidentiality, possibility of a counter-expertise, and the conduct to follow while awaiting confirmation.

Is the employer’s liability automatic?

No. The employer must take necessary measures to ensure safety and protect the physical and mental health of workers. The analysis focuses notably on risk assessment, organization, information, training, and measures actually implemented.

The occurrence of an accident alone does not establish a breach. Conversely, lack of prevention against a known risk can weaken the company and, depending on circumstances, engage various liabilities.

Can the employee be sanctioned?

A sanction is neither automatic nor identical in all situations. It depends on internal rules, the position, established facts, any endangerment, and respect of the disciplinary procedure.

The company must distinguish immediate safety measures — for example, temporarily removing a person from a dangerous position — from disciplinary decisions made after a contradictory examination of the facts.

Preventing accident recurrence

• update the DUERP and instructions applicable to sensitive positions;
• train managers on securing the workplace and confidentiality;
• plan a replacement solution for critical positions;
• involve the prevention and occupational health service;
• organize support for people facing addictive behavior;
• verify that the testing protocol is legally and operationally coherent.

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