Accident at work under the influence of alcohol or drugs: what are the employer's obligations?
Work accident under the influence of drugs or alcohol: what are the consequences for the employer and the employee?
When an employee is the victim of an accident while carrying out their duties, it is generally classified as an accident at work . This classification has consequences both for the coverage of the accident (by Social Security and the employer) and for the responsibility of each party. But what if the employee is under the influence of drugs or alcohol at the time of the accident? Is the accident still classified as an accident at work? In this article, we will review the definition of an accident at work and the applicable rules, before emphasizing the importance for the employer to set up benevolent screening campaigns and appropriate training , in order to prevent these situations and protect both the company and the employees.
1. Definition of work accident
In France, the Social Security Code (article L. 411-1) defines an accident at work as any accident occurring, whatever the cause , as a result of or during work, to any employee or person working in any capacity or in any place whatsoever for one or more employers.
The criteria for an accident to be recognised as an accident at work are therefore:
- An accidental event occurring on a certain date;
- During the exercise or on the occasion of the exercise of professional activity .
The employer remains responsible for the safety and health of its employees. It must implement the necessary preventive measures (information, training, verification of the employee's skills, etc.).
2. Accident under the influence of alcohol or drugs: the presumption of imputability
The legislation provides for a presumption of imputability according to which an accident occurring at the place and during working hours is, in principle, presumed to be an accident at work. This principle is very protective for the employee. To overturn this presumption, the employer or the primary health insurance fund must provide proof that the accident has a cause completely unrelated to work .
Thus, an employee under the influence of alcohol or drugs may be the victim of an accident during their working hours or on the journey related to their mission (for example, a driver carrying out a delivery route). This is not sufficient, in itself, to remove the character of an accident at work .
The practical case of the Court of Cassation (Social Chamber, October 22, 1974)
In a judgment (
Cass. Soc., October 22, 1974, no. 73-12.702
), the High Court confirmed that an accident under the influence of alcohol did not automatically cause the employee to lose the protection linked to the classification of an accident at work. Relying on the presumption of imputability , the Court of Cassation ruled that, even in the event of fault on the part of the employee (driving while intoxicated), the accident may retain its professional nature, unless the employer can prove that this fault was the sole and unique cause of the accident and that it was totally unrelated to work.
Example from the judgment: A driver had caused an accident while driving while drunk. The Court considered that this circumstance was not sufficient to exclude the classification of an accident at work, because the accident had occurred "as a result of or in the course of work"; in other words, during the time and place of the mission entrusted by the employer.
3. Consequences for the employer and the employee
3.1. Recognition of the work accident
- If the accident is classified as an accident at work, social security contributions and support will then be assumed according to Social Security rules: increased daily allowances for the employee, possible annuity in the event of incapacity, etc.
- The employer sees its work accident contribution potentially increase depending on the severity of the accident and its claims rate.
3.2. Employer's liability
- The employer has a safety obligation . He must prevent risky behavior (alcohol, drugs, fatigue, etc.) through appropriate prevention actions.
- If necessary, it may initiate disciplinary proceedings against the offending employee, to the extent that the consumption of alcohol or narcotics constitutes serious misconduct and may threaten the safety of people and property. However, the accident remains, by default, the employer's responsibility if the conditions of time and place are met.
3.3. Sanctions for the employee
- From a criminal perspective, if the employee is found guilty of offences (for example, drunk driving), he or she may be punished (withdrawal of licence, fine, etc.).
- From a disciplinary standpoint, he is liable to sanctions up to and including dismissal for serious misconduct if the misconduct committed endangers the safety of the company or third parties.
4. Prevention to act better: the importance of benevolent screening campaigns and appropriate training
The consumption of alcohol or drugs at work presents significant risks to the health and safety of employees, but also to the company and third parties. To avoid serious accidents and complex legal situations, it is in the employer's best interest to strengthen prevention .
4.1. Deploy an appropriate prevention policy
- Internal regulations : The employer can define precisely the rules relating to the consumption of alcohol and drugs at work, as well as the penalties incurred.
- Information and awareness : Implement information campaigns on the dangers of psychoactive substances, particularly for high-risk positions (drivers, machine operators, etc.).
- Tailored training : Offer specific training for managers and employees in sensitive positions. These sessions can include detecting warning signs and good practices to adopt when dealing with a colleague in difficulty.
4.2. Implement benevolent screenings
- Regular and targeted screening : For so-called “sensitive” positions (drivers, machine operators, workers at height, etc.), the implementation of screening can be provided for in the internal regulations, while respecting the employee’s rights.
- Our screening tests : We offer reliable and easy-to-implement screening solutions within your structure. This approach, centered on kindness, aims to prevent accidents rather than punish them.
- Support in the event of a positive result : The objective is not to "trap" the employee, but to avoid the accident and guarantee the safety of all. In the event of a positive test, we recommend establishing a constructive dialogue, identifying support solutions (psychological help, regular monitoring, etc.) and ensuring the safe reintegration of the person concerned.
4.3. Our training and prevention programs
- Employee training : We offer targeted programs to inform employees about the effects of alcohol and drugs, and to give them the keys to responsible consumption, or even abstinence in the workplace.
- Manager training : Raising awareness among supervisors allows them to adopt the right posture to detect, communicate and act effectively, while respecting the confidentiality and dignity of employees.
- Monitoring and evaluation plan : Our training includes monitoring tools to measure the effectiveness of prevention campaigns, adjust actions and perpetuate good practices within the company.
5. Conclusion
An accident at work under the influence of drugs or alcohol may still be recognized as such , unless the employer provides proof that the accident is completely "unrelated to work". The employer's approach must therefore be preventive and caring , in order to limit risky behavior and protect the physical and mental integrity of employees.
In this sense, the implementation of alcohol and drug screening campaigns , coupled with information actions and appropriate training , constitutes an essential lever for reducing risks. Beyond avoiding complex and costly litigation, these prevention and screening actions contribute to a climate of trust and security within the company, in the interest of all: employer, employees, and third parties likely to suffer the consequences of an accident under the influence.
Do not hesitate to contact us for any questions about implementing a policy to prevent risks related to the consumption of alcohol or drugs, or to find out about our screening tests and training dedicated to securing your activity.
