How to Prevent the Risk of Addiction in the Workplace?

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The use of psychoactive substances is a societal concern and poses a genuine workplace safety problem when such addictive behaviour occurs at work. In this article, we review the regulatory obligations and the courses of action available to employers to prevent risks linked to addiction in the workplace.

What is addiction in the workplace?

Addiction is characterised by dependence on a psychoactive substance, encouraging repeated use of that substance and difficulty controlling consumption. When this addiction leads a worker to consume a psychoactive substance while at work, this is referred to as workplace addiction.

The most commonly used psychoactive substances in France are alcohol, tobacco, and cannabis.

According to the French Observatory for Drugs and Addictive Trends (OFDT), in 2023, 7% of French adults consumed alcohol daily – i.e. five million people – and nine million consumed it regularly. Daily tobacco use affects 13 million French people, and nearly one million use cannabis daily.

The use of psychoactive substances can be encouraged by numerous factors, such as:

• personal factors (family, upbringing, trauma, etc.);
• a stressful environment;
• social circles and activities;
• professional activity.

Indeed, a report published by Dares in 2024 highlighted higher consumption of tobacco, cannabis, fat and sugar among workers who carry out physically exhausting work. The report also found a higher risk of addiction among workers with atypical schedules (night shifts, for example).

In addition, according to Santé Publique France's 2010 Health Barometer, 36.2% of tobacco smokers, 9.3% of alcohol consumers, and 13.2% of cannabis users state that their professional situation and work-related problems contributed to increasing their consumption.

What are the risks linked to addictive behaviours at work?

Alcohol and tobacco are the two leading risk factors for cancer and the leading cause of premature death in France.

Indeed, according to the French National Institute of Health and Medical Research (INSERM), “alcohol consumption directly or indirectly contributes to 11% of male deaths and 4% of female deaths in France.” These figures represent approximately 41,000 deaths each year.

In addition, according to the French National Health Insurance Fund (CPAM), tobacco use is responsible for more than 8 in 10 cases of lung cancer.

Beyond the health risks, the use of psychoactive substances in the workplace poses obvious risks of workplace accidents and inappropriate behaviour at work.

Indeed, such consumption causes reduced alertness, which can easily lead to workplace accidents, particularly in high-risk occupations. This inability to properly carry out one's work poses a serious danger to the worker, as well as to their professional environment and any members of the public who may be involved.

Addiction at work: what does the law say?

In order to protect workers' health and safety, the employer must prevent risks linked to the use of psychoactive substances within the company (Article L4121-1 of the Labour Code).

However, it is also up to each worker to comply with the company's rules and to take care of their own safety, as well as that of others affected by their actions at work (Article L4122-1 of the Labour Code). Thus, the use of psychoactive substances is also the responsibility of workers themselves.

Regulations strictly govern the use of psychoactive substances at work, and the employer must implement measures to ensure they are complied with.

Alcohol at work

No alcoholic beverage other than wine, beer, cider and perry is permitted in the workplace (Article R4228-20 of the Labour Code).

The employer must put in place measures to protect workers' health and safety and to prevent any risk of accidents linked to alcohol consumption. For example, they may prohibit or limit such consumption through the company's internal rules or a service memo.

It is also prohibited to allow intoxicated persons to enter or remain in the workplace (Article R4228-21 of the Labour Code).

Thus, when an employer identifies an intoxicated worker within the company, they must isolate the worker and then have them escorted home (by a relative or an ambulance) in order to prevent any accident.

The employer may subsequently apply disciplinary sanctions for this type of behaviour, which poses a risk to the company and to other workers.

Example: In this case law, a worker assigned to using “grinding” tools and machinery was found to be intoxicated following a breathalyser test. The employer dismissed the employee for gross misconduct since, given their position, their condition posed risks to themselves and other workers (Cass, civile, soc, 8 June 2011, 10-30.162, second ground).

Tobacco in the workplace

Smoking and vaping are prohibited in all enclosed and covered spaces open to the public or constituting a workplace (Article R3512-2 of the Public Health Code and Article L3513-6 of the Public Health Code).

To enforce the smoking ban in the workplace, the employer must display a visible notice of the smoking and vaping ban (Article R3512-7 of the Public Health Code and Article L3513-6 of the Public Health Code).

Cannabis at work

Cannabis use in France, including at work, is punishable by one year's imprisonment and a €3,750 fine (Article L3421-1 of the Public Health Code).

🔍 Focus: Cannabis use while carrying out duties, in particular by a holder of public authority or someone entrusted with a public service mission, or by staff of a road transport company, is punishable by five years' imprisonment and a €75,000 fine.

How to implement an approach to preventing the risk of addiction in the workplace?

To implement an approach to preventing risks linked to addiction at work, the employer must follow several steps:

• assess the risks linked to addiction in the workplace;
• involve the company's stakeholders, such as the works council (CSE), the occupational physician, or occupational health and prevention services;
• define the rules on alcohol consumption within the company;
• define the actions to take in the event of an addiction problem within the company;
• define the positions for which screening is authorised.

🔧Tool: Several organisations (DGT, INRS, MILDT, etc.) have set out how to build an approach to preventing risks linked to addiction at work in the publication “Guidelines for a policy to prevent risks linked to drug use in the workplace”.

Assessing the risk of addiction

To assess the risk of addiction within the company, the employer must:

• identify positions and situations that particularly expose workers to alcohol consumption (sales staff, bartenders, farewell drinks, business meals, positions with psychosocial risks (PSR), etc.);
• identify occupational risk factors within the company, such as stress, PSR, physically exhausting work, or atypical working hours;
• identify hazardous positions for which the use of psychoactive substances poses even greater risks (use of machinery, road transport, business travel, etc.);
• gather all relevant company data and documents, such as the absenteeism rate, any history of addiction within the company, the opinion of the occupational physician and the CSE, data from occupational health and prevention services, etc.

Once completed, the addiction risk assessment must be recorded in the single occupational risk assessment document (DUERP) (Article L4121-3-1 of the Labour Code).

Monitoring and medical action

The occupational physician has a preventive role, which in particular involves monitoring safety risks created by workers' state of health (Article L4622-3 of the Labour Code).

As such, the employer may request a visit to the occupational physician for a worker who displays addictive behaviour within the company (Article R4624-34 of the Labour Code). During this visit, the physician may in particular carry out a psychoactive substance screening test (Article R4624-35 of the Labour Code).

⚠️ Please note: A worker's refusal to undergo a medical visit is grounds for disciplinary sanction.

In addition, occupational health and prevention services contribute to workplace health initiatives and advise employers, workers and their representatives on preventing alcohol and drug use in the workplace (Article L4622-2 of the Labour Code).

Internal rules and prevention of addiction risks (breathalysers and saliva tests)

Internal rules are a tool for setting the disciplinary rules to be followed within the company, as well as instructions on occupational health and safety (Article L1321-1 of the Labour Code).

They can in particular be used to reiterate the ban on using certain narcotic substances and also to govern alcohol consumption within the company by limiting it or banning it entirely (Article R4228-20 of the Labour Code).

Furthermore, in order to prevent the use of psychoactive substances, the employer may use breathalysers or saliva tests to check workers assigned to safety- and security-critical positions (Opinion No. 114 of the French National Consultative Ethics Committee of 19 May 2011).

However, the conditions for carrying out these medical tests must necessarily be specified in the company's internal rules and must be “proportionate to the aim pursued” without infringing employees' fundamental freedoms.

Thus, the positions for which these tests may be carried out must be set out in the internal rules, along with the frequency of these tests (systematic or unannounced) and the people responsible for carrying them out. These people are also bound by professional confidentiality regarding the test results.

⚠️ Please note: These medical tests must not be carried out excessively. If the legal conditions are not met, carrying out these tests is not lawful (Conseil d'État, 5 December 2016, No. 394178 and Cass, civ, soc, 4 November 2015, 14-18.573).

In brief:

❖   The use of psychoactive substances within the company reduces workers' alertness and considerably increases the risk of workplace accidents;

❖   The use of psychoactive substances within the company is governed by the Labour Code as well as the Public Health Code;

❖   The employer may carry out breathalyser and saliva tests under certain conditions.

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