Positive Drug Test in Work Accident: Worker and Employer Liability

Detection of narcotics in the urine/blood test performed after a work accident; It creates a wide range of consequences, from the employee-employer relationship to the evaluation of work accidents and criminal liability.

Labor Law Dimension

• Labour Law No. 4857 art.25/II-d: Employer's right to terminate for just cause (employee constantly being under the influence of drugs/alcohol at the workplace).
• In the case of a single event, the "continuous" requirement is moot; However, immediate termination is legitimate when a serious occupational safety violation occurs along with a work accident.
• The employee's right to severance and notice pay is waived.

Occupational Health and Safety

Law No. 6331 imposes an obligation on the employer to ensure the safety of the employee. Workers under the influence of drugs should be prevented from doing dangerous work; Otherwise, the employer also bears criminal/administrative liability.

SGK and Compensation

• The work accident is reported to SSI; Compensation is affected by the fault sharing report
• If the worker's fault is severe due to drug influence, the compensation will be reduced/cut off (TBK art. 52).
• If there is a lack of supervision on the part of the employer, joint liability is not eliminated

Penal Dimension — TCK Article 191 and Others

Being at work under the influence of drugs is not a crime in itself; However, detection of a substance in urine may initiate an investigation into TCK Article 191 possession for use. If someone else is harmed in an accident, TCK Articles 85-89 apply.

Supreme Court 9th HD — Principle

9. HD accepts that the worker's fault rate in a work accident under the influence of drugs should be found to be high, but that the fault should be apportioned if the employer lacks occupational safety measures and periodic testing/training policy.

Legal Testing Policy for Employers