.svg)
The consumption of psychoactive substances is a societal concern, and poses a real problem for workplace safety when these addictive behaviors take place in the workplace. In this article, we take a look at the employer's regulatory obligations and means of action to prevent the risks associated with addictions in the workplace.
What is addiction in the workplace?
Addiction is characterized by dependence on a psychoactive substance, with repeated use and difficulty in controlling consumption. When this addiction leads a worker to consume a psychoactive substance at work, we speak of addiction in the workplace.
The most commonly consumed psychoactive substances in France are alcohol, tobacco and cannabis.
According to theObservatoire français des drogues et des tendances addictives (OFDT), in 2023, 7% of French adults will drink alcohol on a daily basis , i.e. five million people, and nine million will drink regularly. Daily tobacco consumption concerns 13 million French people, and almost a million consume cannabis daily.
The use of psychoactive substances can be encouraged by a number of factors such as :
- personal factors (family, education, trauma, etc.) ;
- a stressful environment ;
- frequentations and occupations ;
- professional activity.
Indeed, a report published by the Dares in 2024 highlighted the greater consumption of tobacco, cannabis, fats and sugar by workers in physically exhausting jobs. The report also noted a greater risk of addiction for workers on atypical schedules (night shifts, for example).
What's more, according to Santé Publique France's 2010 Health Barometer, 36.2% of tobacco smokers, 9.3% of alcohol users and 13.2% of cannabis users say that their professional situation and work-related problems have contributed to an increase in their consumption.
What are the risks associated with addictive behavior in the workplace?
Alcohol and tobacco are the two leading risk factors for cancer, and the leading cause of premature death in France.
According to the French National Institute for Health and Medical Research(INSERM), "alcohol consumption contributes directly or indirectly to 11% of male deaths and 4% of female deaths in France". These figures represent some 41,000 deaths every year.
What's more, according to the Caisse primaire d'assurance maladie (CPAM), tobacco consumption is responsible for more than 8 out of 10 lung cancers.
Over and above the health hazards, the use of psychoactive substances in the workplace poses obvious risks of workplace accidents and inappropriate behavior in the workplace.
In fact, this consumption leads to reduced alertness , which can easily lead to accidents in the workplace , particularly in high-risk occupations. This inability to perform one's job properly represents a serious danger for the worker, as well as for those around him or her at work and any public users.
Addictions in the workplace: what do the regulations say?
To protect the health and safety of workers, employers must prevent the risks associated with the use of psychoactive substances in the workplace(Article L4121-1 C.Trav.).
However, it is also the responsibility of each worker to respect company rules and to take care of his or her own safety and that of others affected by his or her actions at work(Article L4122-1 C.Trav.). Thus, the consumption of psychoactive substances is also the responsibility of workers.
Regulations strictly govern the use of psychoactive substances in the workplace, and employers must take steps to ensure compliance.
Alcohol at work
No alcoholic beverages other than wine, beer, cider and perry are permitted in the workplace(Article R4228-20 C.Trav.).
Employers must put in place measures to protect the health and safety of their employees, and to prevent any risk of alcohol-related accidents. He may, for example, prohibit or limit such consumption by means of internal company regulations or a service letter.
It is also forbidden to allow intoxicated persons to enter or remain in the workplace(Article R4228-21 C.Trav.).
Thus, if an employer notices an intoxicated worker on the premises, he or she must isolate him or her and have him or her taken home (by a relative or an ambulance) to avoid any accident.
Subsequently, the employer is in a position to apply disciplinary sanctions for this type of behavior, which represents a risk for the company and other workers.
Example In this case, a worker assigned to work with "rasping" tools and machines was found to be found to be under the influence of alcohol by means of a breathalyser.. The employer dismissed the employee for serious misconduct The employer dismissed the employee for gross misconduct because, in view of his workstation, his condition presented risks for him and other workers (Cass, civile, soc, June 8, 2011, 10-30.162, second plea).
Smoking in the workplace
Smoking and vaping are prohibited in all enclosed and covered areas open to the public and workplaces(Article R3512-2 CSP and Article L3513-6 CSP.).
To enforce the ban on smoking in the workplace, employers are required to display a notice prohibiting smoking and vaping(Article R3512-7 CSP. and Article L3513-6 CSP.).
Cannabis at work
Consumption of cannabis in France and at work is punishable by one year's imprisonment and a fine of 3,750 euros(Article L3421-1 CSP).
🔍 Focus: Consumption of cannabis while performing the duties of a public authority official or public service employee, or by the staff of a road transport company, is punishable by five years' imprisonment and a fine of 75,000 euros.
How to set up an addiction risk prevention program in the workplace?
To set up a workplace addiction risk prevention program, the employer must follow a number of steps:
- assess the risks associated with addictions in the workplace;
- mobilize company players such as the social and economic committee (CSE), the occupational physician and occupational health and prevention services;
- define the rules governing alcohol consumption in the workplace ;
- define actions to be taken in the event of an addiction problem within the company;
- define the workstations for which screening is authorized.
🔧Outil : Several organizations (DGT, INRS, MILDT, etc.) have defined the construction of a prevention approach to the risks associated with addictions in the workplace in the publication " Repères pour une politique de prévention des risques liés à la consommation de drogues en milieu professionnel ".
Addiction risk assessment
To assess the risk of addiction in the workplace, the employer must :
- identify positions and situations that particularly expose workers to alcohol consumption (sales staff, bartenders, farewell parties, business meals, psychosocial risk positions, etc.);
- identify occupational risk factors in the company, such as stress, RPS, physically exhausting work or atypical working hours;
- identify hazardous jobs where the use of psychoactive substances represents an even greater risk (machine operation, road transport, business travel, etc.);
- gather together all company data and documents, such as absenteeism rates, addiction history in the company, the opinion of the occupational physician and the works council, data from prevention and occupational health services, etc.
Once completed, the addiction risk assessment must be transcribed into the DUERP (document unique d'évaluation des risques professionnels)(Article L4121-3-1 C.trav.).
Medical follow-up and actions
The occupational physician has a preventive role, which includes monitoring the risks to safety posed by workers' state of health(Article L4622-3 C.Trav.).
As such, the employer is entitled to request a visit from the occupational physician for a worker exhibiting addictive behavior in the workplace(Article R4624-34 C.Trav.). During this visit, the doctor may screen for psychoactive substances (Article R4624-35 C.Trav.).
⚠️ Warning: Refusal by an employee to undergo a medical examination is grounds for disciplinary action.
In addition, occupational health and prevention services contribute to occupational health initiatives and advise employers, workers and their representatives on preventing alcohol and drug use in the workplace (Article L4622-2 C.Trav.).
House rules and addiction prevention (breathalyzer and saliva test)
Internal regulations are a tool for setting down the disciplinary rules to be respected within the company, as well as instructions on health and safety in the workplace(Article L1321-1 C.Trav.).
In particular, it serves as a reminder of the prohibition on the use of certain narcotics, and also as a means of controlling alcohol consumption in the workplace, either by restricting it or banning it altogether(Article R4228-20 C.trav.).
Furthermore, in order to prevent the consumption of psychoactive substances, employers may use breathalysers or saliva tests to monitor workers assigned to safety and security positions(opinion no. 114 of the French National Ethics Advisory Committee, May 19, 2011).
However, the conditions under which these medical tests are carried out must be specified in the company's internal regulations 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 specified in the company's internal regulations, as must the frequency of these tests (systematic or unannounced) and the people responsible for carrying them out. These persons are also bound by professional secrecy regarding test results.
⚠️ Warning : These medical tests must not be abused.. If the legal conditions are not met, these tests are not legal (CE, December 5, 2016, n° 394178 and Cass, civ, soc, November 4, 2015, 14-18.573).
In a nutshell:
❖ The use of psychoactive substances in the workplace reduces workers' alertness and considerably increases the risk of workplace accidents ;
❖ The use of psychoactive substances in the workplace is regulated by the Labor Code and the Public Health Code;
❖ Employers may carry out breathalyzer and saliva tests under certain conditions.