Consommations de substances psychoactives : à la confluence entre les droits à la santé et à la vie privée au travail

Abstract : Addictive behaviors related to psychoactive substances are characterized by a dependence revealed by the repeated impossibility to control behavior and the continuation of the said behavior despite the subject being aware of its negative consequences. Over and beyond the significant public health issue, this topic directly concerns the world of work. Surprisingly, it remains taboo or is only approached from a moralizing angle. Should a company be the source of such behaviors or only one of the places where they are exhibited, it cannot ignore the issue. Although employers may sometimes see secondary benefits of some addictive behavior for productivity reasons (e.g. « workaholism »), this may result in a loss of efficiency of their workforce (absenteeism, accidents in the workplace, drop in productivity). Employers may be held criminally liable in the event of illicit substances being brought into the workplace. What is more, being liable for any damage or injuries caused by their employees, they must make sure they do not represent a threat to others. Last, but not least, employers are responsible for the health of their employees. This objective has been considerably strengthened by the definition of the employer’s safety obligation, by the Court of cassation, as an obligation of safety performance. In order to fulfil these obligations, employers have various control measures at their disposal and enjoy dual powers of repression and prevention. However, any action taken by the employer in the field of addiction comes up against the inalienable right to individual freedom of the employees. An employer is not omnipotent: where is the limit between the management of addictive risks in the workplace and an employee’s privacy, taking into account an employer’s obligation of safety performance.
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Céline Czuba. Consommations de substances psychoactives : à la confluence entre les droits à la santé et à la vie privée au travail. Droit. Université du Droit et de la Santé - Lille II, 2017. Français. ⟨NNT : 2017LIL20027⟩. ⟨tel-01971580⟩

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