This memo describes the procedure for handling employees identified in a state of alcohol or other intoxication.
Appearing at work in a state of alcohol, drug, or other toxic intoxication, hereinafter referred to as "in a state of intoxication," is one of the grossest violations of labor discipline. Consequently, the law has established this misconduct as an independent ground for termination of employment at the employer's initiative. It does not matter at what point during the workday (shift) the employee appeared intoxicated — whether at the beginning, middle, or end.
Being at work in a state of intoxication must be properly documented.
Upon discovering an employee in a state of intoxication at the workplace, it is necessary to:
1️⃣ Record the fact by drawing up a Report on the appearance (presence) of an employee at the workplace in a state of alcohol/drug/toxic intoxication, hereinafter referred to as the "Report."
There is no unified form for the Report; the document can be prepared on a standard A4 sheet.
The Report must include: the full name of the enterprise; the date, time, and place of the document's preparation; the full name and position of the employee concerned; the full names and positions of witnesses; the full name and position of the person who prepared the document; and a detailed description of the external symptoms of the employee's condition.
How to describe the employee's state of intoxication in the Report:
For convenience, a Report template is provided (Appendix No. 1).
All photo and video materials and other evidence confirming the facts recorded in the Report must be attached to it.
2️⃣ Familiarize the employee with the Report.
The employee must be familiarized with the Report against their signature. If the employee refuses to sign, the following entry must be made: "Employee Ivanov I.I. refused to sign the report, after which the contents of the report were read aloud to him." Witnesses then provide their signatures under this statement.
If the employee does not refuse to sign but is unable to understand what is required due to their condition, the entry may read: "Employee Ivanov I.I. is in a state that does not allow him to understand what is required of him; therefore, it is impossible to familiarize him with the report on the day of its preparation." All witnesses must then sign again.
3️⃣ Notify the Department Director (Deputy General Director) in charge of the structural unit, the HSE Department, the HR Department, and the Security Service about the recorded fact of an intoxicated employee at the workplace.
4️⃣ Suspend the employee from work.
The circumstances of the suspension must be detailed in the order.
Explanatory notes, reports, and other documents prepared upon discovery of the intoxicated employee must be attached to the order.
The Explanation form is provided in Appendix No. 3.
If no explanation is provided, draw up a report on the refusal to provide an explanation in free form. Detailed written explanations should be requested from eyewitnesses (witnesses).
The Explanation form is provided in Appendix No. 3.
5️⃣ Direct (escort) the employee to the Medical Post for a medical examination.
If the employee refuses to undergo a medical examination, the following entry must be made in the Report: "Employee Ivanov I.I. refused to undergo a medical examination," which must be verified by witness signatures.
Following the medical examination, the nurse must prepare an Employee Examination Protocol.
6️⃣ Based on the collected materials, the authorized person decides on the application of a disciplinary sanction (admonition, reprimand, dismissal).
Deadlines for applying disciplinary sanctions under the Labor Code of the Russian Federation must be strictly observed.
A disciplinary sanction may be applied no later than one month from the date the misconduct was discovered, excluding periods of illness or leave, but no later than six months from the date the misconduct occurred. Only one disciplinary sanction may be applied for each offense. The employer's order (instruction) on the disciplinary sanction must be presented to the employee for signature within three working days of its issuance, excluding periods of absence. If the employee refuses to sign, a corresponding report is drawn up.
List of documents for recording an intoxicated employee at the workplace:
When deciding to dismiss an employee under Art. 81, para. 6, subpara. "b" of the Labor Code of the Russian Federation at the initiative of the employer for appearing at work in a state of alcohol, drug, or other toxic intoxication, the head of the structural unit prepares a service memo, attaches all collected materials, and submits them to the Legal Department for compliance review and signing, and subsequently to the HR Department.
Download appendices.