In brief
In critical tasks such as forklifts, cranes, presses, work at height or company vehicles, alcohol, drugs and sedating medicines directly increase the risk of accidents. A written policy sets out in advance the critical tasks, the prohibitions, how to report medication, who does what when there is a suspicion and how health information is protected. The workplace physician shares not the diagnosis but only the fitness-for-work result and any necessary restriction.
Why should a workplace alcohol policy be in writing?
As the night shift starts, there is a smell of alcohol on the forklift operator. What should the shift supervisor do: let the operator get on the forklift, send them home, ask for a test, write a report? If there is no written rule, every supervisor answers this question differently. The result is either an accident risk or a disciplinary process that cannot be defended later.
A workplace alcohol policy is a short document that describes this moment in advance. It states which tasks are critical, what is prohibited, who does what when there is a suspicion, how health information is protected and what route is open to an employee who asks for help. The aim of the policy is not to punish but to prevent working under the influence of alcohol and drugs.
A critical task is work in which a small reduction in attention or reaction time could turn into a serious accident. The list that comes out of your risk assessment usually includes:
- Operating forklifts, pallet trucks, earthmoving machinery and cranes
- Operating presses, cutting machines and machines with rotating parts
- Work at height, confined space entry, live electrical work
- Driving company vehicles and staff shuttles
- Chemical filling, hot work and night work done alone
What does the legislation say?
Alcohol and substances are not covered in a single regulation; the provisions are spread across several laws.
| Subject | Basis | How it is reflected in the policy |
|---|---|---|
| The employer's obligation to take measures | Art. 4 of Law No. 6331 | The critical task list and suspicion procedure are part of the risk assessment |
| The employee's obligation not to endanger themselves or others | Law No. 6331, Art. 19 | The employee does not start a critical task under the influence of a substance |
| Confidentiality of health information | Law No. 6331, Art. 15/5; Art. 6 of Personal Data Protection Law No. 6698 (KVKK) | Test results and diagnoses are health data; only the physician knows them |
| Coming to work under the influence of alcohol or drugs | Art. 25/II-d of Labour Law No. 4857 | Listed among grounds for termination for just cause |
| Endangering the safety of the work | Law No. 4857, Art. 25/II | Endangering the safety of the work through one's own will or negligence is on the same list |
| Alcohol limit in traffic | Highway Traffic Regulation, Art. 97 | The upper limit is 0.50 per mille for private cars and 0.20 for other drivers; a company policy can be stricter |
The alcohol provision in the Labour Law took its current form in 2012 with Law No. 6331, and the old ban on alcohol and drugs (Art. 84) was repealed on the same date. The Highway Traffic Regulation limit is for traffic enforcement; you are advised to set zero tolerance for critical tasks.
Eight headings a policy should contain
- Purpose and scope. Covers all employees, subcontractor employees and contractor drivers entering the site.
- Critical task list. Taken from the risk assessment and updated when a new machine or job arrives.
- Prohibitions. Coming to work under the influence of alcohol or drugs, using them at the workplace or during breaks, and bringing them to the workplace are prohibited. The rule on driving after company events is written separately.
- Medication reporting. An employee taking medication that can cause drowsiness or reduced attention reports it to the workplace physician, not to their supervisor.
- Suspicion procedure. The steps below are written together with the names of the people responsible.
- Testing. If testing is to be applied, it states clearly in which situations (post-incident, reasonable suspicion), who carries it out and to whom the result goes. Because health data is processed, the legal basis under the KVKK is assessed separately.
- Support and treatment. A confidential route is defined for an employee who asks for help voluntarily; options for temporary removal from critical tasks and placement in suitable work during treatment are written down.
- Training and sanctions. Supervisors are trained to recognise the signs and to write incident reports; the policy is explained to employees in induction training. The consequences of not following the rules are stated clearly.
Medication and workplace safety
A topic that is discussed less than alcohol but met at least as often on site is medication. Many prescription and over-the-counter medicines can cause drowsiness, dizziness or slowed reactions, especially in the first days of treatment. The practical rule is: if the patient information leaflet contains a warning about driving or operating machinery, the employee consults the workplace physician before starting a critical task.
| Medicine group | Possible effect | Approach for critical tasks |
|---|---|---|
| Some allergy medicines (older-generation antihistamines) | Drowsiness, reduced attention | The physician is consulted; if necessary the medicine is changed by the prescribing doctor or the task changed temporarily |
| Sleeping pills and sedatives | Grogginess lasting into the next morning | The morning shift after night-time use is assessed separately |
| Some antidepressants and psychiatric medicines | Drowsiness at the start and during dose changes | Restricted work is considered during the dose adjustment period |
| Strong painkillers and some cough syrups | Reduced attention and coordination | Critical tasks may be limited during use |
| Muscle relaxants | Grogginess, dizziness | The physician is consulted |
| Insulin and some diabetes medicines | Confusion due to low blood sugar | Meal and shift patterns are planned with the physician |
We also cover adapting work for employees with chronic conditions in our article on employees with chronic illnesses.
What to do step by step when there is a suspicion
- Ensure safety. Remove the employee from the critical task immediately and stop the machine they are using.
- Describe the observation. Write down the behaviour seen and heard, not a judgement such as "drunk": smell of alcohol, slurred speech, unsteadiness, unusual behaviour, an accident or near miss.
- Call a second authorised person. Where possible, the observation is also made by a second supervisor or a human resources representative.
- Rule out a medical problem. Low blood sugar, a stroke or a head injury can resemble the effects of alcohol. If a workplace physician or nurse is available, they assess the person; if the situation looks urgent, 112 is called.
- Write an incident report. The date, time, task, observations, witnesses and the employee's own explanation are written down and signed.
- Ensure a safe departure. Do not let the employee drive; call a relative or arrange safe transport.
- Meet the next day. A disciplinary assessment and, if necessary, referral for support are carried out together with human resources. Do not forget the six working day period.
- Close the record. If the incident is linked to an accident or near miss, it is reviewed in the risk assessment.
The documented route for staff who do not comply with employee obligations is described in our article on employees' OHS obligations.
The workplace physician's role: confidentiality and fitness for work
The workplace physician both prepares the policy and is its most sensitive implementer. Under Art. 15/5 of Law No. 6331, health information is confidential; the KVKK also treats health data as special category personal data. The physician therefore:
- Does not report the diagnosis, test result or name of the medicine to the supervisor. The physician gives the employer only the information "fit to work", "fit to work with this restriction" or "temporarily unfit for this task".
- Refers the employee to treatment centres where addiction is suspected, and reassesses fitness for work on return after treatment. For the process, see our article on the return-to-work examination.
- Asks confidentially about alcohol, drug and medication use at the periodic examinations of employees on the critical task list.
- Keeps test results in the personal health file; ensures that only the fitness-for-work decision is communicated, not that the result goes into the disciplinary file.
Fatigue, shift patterns and work stress can also trigger substance use. We recommend assessing these factors with the method in our article on psychosocial risk factors. For those who drive company vehicles, our article on OHS for company drivers is complementary.
As part of its workplace physician services for businesses in Bursa and the surrounding provinces, Bursa Sistemer prepares this policy together with the employer, defines the critical task list with the OHS specialist and plans supervisor training. You can track training dates with the OHS calendar tool.
Frequently Asked Questions
Can an employer have an employee tested for alcohol?
There is no OHS provision making alcohol or drug testing mandatory for workplaces in general; special rules in some sectors are reserved. If testing is to be applied, the policy must state in writing in which situations, by whom it is carried out and to whom the result is communicated. The result is health data; the legal basis under the KVKK must be assessed separately.
Can an employee who comes to work drunk be dismissed immediately?
Art. 25/II-d of the Labour Law lists coming to the workplace drunk or under the influence of drugs among the grounds for termination for just cause. However, the incident must be documented with a report and witnesses, the six working day period must not be missed and the decision must be taken with legal advice.
Does an employee have to tell their supervisor which medicine they take?
No. The employee reports the medicine to the workplace physician; the supervisor learns only of the temporary restriction set by the physician. Under Art. 19 of Law No. 6331, the employee is obliged not to start a critical task in a way that would endanger themselves or others.
Does the policy also cover subcontractor employees?
It should. The principal employer shares site rules with the subcontractor in writing and monitors compliance. For the sharing of responsibility, see our article on subcontractor OHS responsibility.
A physician assigned for the time your hazard class requires: pre-employment and periodic examinations, fitness-for-work reports and health surveillance.
Bursa SİSTEMER OSGB Technical Team — written from the field experience of our OHS specialists and workplace physicians. Legal information is valid as of the publication/update date; contact us for an assessment specific to your business.