Determination of alcohol intoxication at work

How dangerous can alcohol be for the drinker and others? How does Ukrainian law treat acts committed under the influence of alcohol?

We have already considered the consequences that can occur under the influence of alcohol, as well as the pathologies that develop as the "alcoholic experience" accumulates. The most interesting thing is that in a sober state we all realize the relevance of the above, agree that the behavior of a drunk person can be potentially dangerous (sometimes more for himself than for others, because it is so easy to fall and get injured, just not calculating their strength). But after a drink or two, we already look at everything differently, in rainbow colors, the sea is over our heads and any task is within our reach.

This is another of the very dangerous consequences of alcohol intoxication, which entails many others. Under the influence of ethyl alcohol a person loses the ability to think logically, to control his actions, to calculate forces, to orient himself in the circumstances. This is what becomes the cause of antisocial misconduct and criminal acts, which are punishable under the administrative and criminal code. Lack of internal brake and thirst for heroism often ends disastrously for the drinker himself, because the official condemnation is joined by self-condemnation, when sober you realize what you have done.

Feasting during holidays and family events is not considered in our country as something out of the ordinary, is not condemned by people and the law. But this does not mean that it is not necessary to observe the rules of decency and existing laws (stamped on paper, by which all citizens of our country must live, and unwritten, concerning communication in everyday life). If the drunk's behavior is kept within the bounds of decency and does not pose a danger to others, it is unlikely to be punishable. But in some cases, the nature of the behavior does not play a role, the very act of being intoxicated is condemned.

It is about appearing drunk at work (during working hours!), drinking alcohol there, which is a violation of labor law, in particular labor discipline, and driving while intoxicated. Such antics are clearly considered immoral, even if they do not involve deviant behavior, and they must be stopped, and therefore punished accordingly.

A breach of discipline does not result in criminal penalties unless other people have been injured as a result of the drunk employee's actions. For the first time, the manager may limit himself to a reprimand or a censure, especially if there is a hangover involved. A repeated violation of labor discipline is unlikely to get off so lightly. Article 40 (paragraph 7, part 1) of the Labor Code of Ukraine is a serious ground assuming dismissal for such misconduct, ie termination of the employment contract at the initiative of the employer. According to Article 46 of the Labor Code of Ukraine, the owner is obliged to suspend an employee from performing labor duties if the latter appears at work in an intoxicated state.

But in order to act in accordance with the law, you need a proof base. You can't go to court with a verbal statement that the employee smelled of alcohol and had inappropriate behavior, but the employee himself may well achieve reinstatement in such conditions (and some still manage to claim compensation).

The fact of appearing at work in an intoxicated state must be documented. For this purpose, there is a special form of an act of alcohol intoxication, which is drawn up with the participation of witnesses to the offense (other employees). But such an act is not considered properly formalized, if there is no medical examination for alcohol intoxication. In addition, a protocol of administrative violation and a report on violation of labor discipline are drawn up.

This is where the problems begin. The employee clearly understands that passing the examination, the results of which are recorded in the act, threatens dismissal under the article. The employer has no right to force the examination, so employees often refuse it. However, this trick does not always work. If there is an act recording the fact of being drunk at work (during working hours!), the court is very likely to side with the employer (even in the absence of a medical examination) if his words are confirmed by witness testimony during the hearing.

The monetary punishment is not in the form of a fine, but in the form of forfeiture of the monthly bonus, reduction of the annual bonus, and absenteeism for which no wages are paid. If a person is injured while under the influence of alcohol, he or she will not have to rely on assistance from the company. Moreover, the head of the enterprise has the right to demand from him compensation for the material damage incurred by the enterprise due to the absence of the employee at the workplace (Article 134 of the Labor Code, paragraph 4).

There are also penalties for drinking alcoholic beverages at the workplace. Thus, Article 179 of the Code of Ukraine on Administrative Offenses provides for such a misdemeanor punishment in the form of a fine. However, the amount of the fine (3-5 tax-free minimum wages) is still not high enough to "make it worse". However, repeated drinking will cost the employee one and a half times more than the first one.

Participation in drinking of alcoholic beverages by employees of managerial positions is more expensive (4-6 tax-free minimums).

In this case, an act, a protocol and a report of labor discipline violation are also drawn up, regardless of the position of the employee involved in the consumption of alcoholic beverages at the workplace.

A written explanation is required from an employee who violates labor discipline (if he or she shows up at work drunk or drinks alcohol in the workplace). The employee has the right to refuse to give an explanation, but the report will still be recognized as valid if it is drawn up in the presence of 3 witnesses.

Signs of alcohol intoxication detected during the employee's presence at the company are considered to be: the smell of alcohol or breath, confused incoherent speech, obvious signs of impaired coordination of movements, dilated pupils, deviant behavior, aggression, etc. And detection of one of the signs is not yet a reason to establish alcohol intoxication, because these may be symptoms of serious diseases that require treatment measures, not punishment.