Drugs at work: in which cases can the prosecutor inform the employer?

Why has this issue arisen?

In 2026, the announcement by the public prosecutor of Toulon regarding certain sensitive professions reignited the debate. The stated objective was to protect people and property when the alleged offense seems incompatible with the duties performed.

This local communication does not create a new general obligation to inform all private companies.

What Article 11-2 allows

The public prosecutor may, under the conditions set out in the text, inform in writing an administration, a public entity, a professional order, or the employer of a person performing an activity under their control.

The transmission concerns certain decisions or stages of the criminal procedure related to a crime or an offense punishable by imprisonment. It must be deemed necessary to end or prevent a public order disturbance, or to ensure the safety of people or property.

Which positions may be particularly concerned?

The question mainly arises when the duties involve direct responsibility for security, authority, or public protection:

• driving collective or school transport;
• security forces, military, prison administration, or emergency services;
• regulated profession or public service mission;
• job involving weapons, vehicles, machinery, or vulnerable persons;
• position where impaired vigilance would create a major danger.

This list is not an automatic qualification. The decision depends on the case and the mission actually performed.

Can the employer dismiss upon receipt of the information?

No. The transmitted information does not exempt the employer from respecting labor law. They must distinguish private life, the possible impact on the position, safety obligations, and facts that can be established within the company.

Before any decision, it is advisable to verify the exact scope of the information, ensure confidentiality, consult human resources, and, when necessary, seek legal advice.

What role for occupational health?

The occupational health and safety service can assess fitness and propose accommodations. The employer must not request a diagnosis nor keep medical data not intended for them.

Is internal testing then allowed?

Receiving judicial information does not grant unlimited testing rights. Saliva testing must remain reserved for identified sensitive positions, provided for by internal rules and surrounded by guarantees recognized by the Council of State.

What companies must prepare

1. integrate addictive behaviors and impaired vigilance into the DUERP;
2. precisely identify sensitive positions;
3. update internal regulations and procedures;
4. train managers to observe facts without improvised diagnosis;
5. plan a temporary withdrawal and replacement solution;
6. organize referral to occupational health or addiction specialists;
7. strictly limit access to confidential information.

Prevention in the workplaceRequest support