With effect from 1 July 2016, it has been established that employees working under an employment contract, civil servants, and public officials specified in the Law on the Remuneration of Public Officials of the Republic of Lithuania, the permissible concentration of ethyl alcohol in exhaled air, blood and other bodily fluids of civil servants and state officials specified in the Law on Remuneration of Civil Servants, state politicians and state officials of the Republic of Lithuania is 0.2 per mille whilst at work. If alcohol has been consumed on the employer’s instructions or with their permission in accordance with the requirements of a production process or protocol, the permissible concentration of ethyl alcohol in employees’ biological fluids during working hours is 0.4 per mille.
In accordance with the Code of Administrative Offences of the Republic of Lithuania, a distinction is made for employees who, in the course of their work, drive taxis, mopeds, motorbikes, tricycles, quadricycles, other vehicles with a maximum authorised mass exceeding 3.5 tonnes or with more than 9 seats, or those transporting dangerous goods. For such employees, the blood and other bodily fluids must not exceed 0 per mille whilst at work.
If there is any suspicion that an employee is intoxicated or under the influence (indicated by signs such as: the smell of alcohol on the breath, inappropriate behaviour, slurred speech, uncoordinated movements, etc.), the employee must be immediately suspended from work. The Supreme Court of Lithuania has clarified that this provision is essentially formulated not as a right of the employer, but as an obligation which must be fulfilled. In accordance with the Procedure for Suspension from Work due to Intoxication (Drunkenness) or Being Under the Influence of Psychoactive Substances, this must be provided for in the collective agreement, in the rules of procedure or in other local regulatory acts.
To check whether an employee is intoxicated, this may be done using metrologically verified specialised technical devices (breathalysers, etc.) or by conducting a medical examination. The use of technical devices must be agreed in the employment contract, collective agreement or work regulations; in the absence of such an agreement, technical devices may only be used with the employee’s consent. Instances where an employee is found to be under the influence of alcohol must be recorded in the designated registers.
If an employee is intoxicated or under the influence of narcotic or toxic substances whilst at work, except where such intoxication is caused by production processes taking place at the company, this is considered a serious breach of employment duties, for which the employee’s employment contract may be terminated without notice.
Administrative liability.
|
Employer’s liability |
Code of Administrative Offences |
Amount of fine in EUR |
|
Failure to remove an employee from work who is intoxicated or under the influence of narcotic or toxic substances |
Article 4112 |
144–434 |
|
Failure to remove from work an employee who is intoxicated or under the influence of narcotic or toxic substances and who is performing hazardous work |
Article 4112 |
579–1448 |
|
Employee liability |
|
|
|
Breach of occupational safety and health regulations where an employee carries out hazardous work whilst under the influence of alcohol or narcotic or toxic substances, as well as an employee’s refusal to undergo a test for intoxication (drunkenness) or impairment |
Article 41 |
86–289 |
|
The presence of an employee who is under the influence of alcohol or drugs or toxic substances at workplaces, on the premises or within the territory of enterprises, institutions or organisations during working hours or after work has finished, as well as an employee’s refusal to undergo a test for intoxication (drunkenness) or impairment |
Article 4112 |
28–80 |
References to legislation:
The Labour Code of the Republic of Lithuania.
Amendment to Resolution No. 452 of the Government of the Republic of Lithuania of 12 May 2006 ‘On the Approval of the Rules for the Determination of Intoxication (Drunkenness) or Impairment of Drivers of Motor Vehicles and Other Persons’.
The Code of Administrative Offences of the Republic of Lithuania.