Alcohol and drug tests

Testing for alcohol consumption

Article L5531-31 of the Transport Code authorises the captain and his deputy to carry out alcohol testing. This test must only be carried out using equipment that complies with the requirements of articles L5531-40 (breathalyser) L5531-41 (breathalyser in mg/l of exhaled air). It is important to note that the shipowner is responsible for the purchase and maintenance of the testing equipment and ensures that the captain and his deputy receive practical and legal training in its use (L5531-43).

In addition, a notice, written in French and in the working language on board, must be displayed on board the ship to inform seafarers of the possibility of the tests provided for in article L. 5531-31 being carried out on board. This notice complies with the Decree of 4 May 2020 .

Article L5531-36 details the inspection procedure. In the event of a refusal to carry out an inspection or a positive test, the master or his deputy shall, when appropriate, take any measures he deems necessary, within the scope of his prerogatives in accordance with Articles L. 5531-1, L. 5531-4 or L. 5531-19 (Article L5531-38).

For further details on the regulations governing blood alcohol levels on board ships, please consult articles L5331-20 to L5331-49 of the French Transport Code. Penalties can be found in articles L5531-45 to L5531-49.

The possibility of carrying out these tests may be included in the ship’s rules and regulations.

Testing for drug use

The Conseil d’Etat decision no. 394178 dated 5 December 2016 allows an employer to include in its rules and regulations the possibility - under certain conditions - of using saliva tests by a line manager who has received appropriate information on how to administer and read the test results.

This possibility must be provided for in the company’s rules and regulations. Tests are carried out when there is evidence to suggest that the employee has in fact taken narcotic substances.
Tests may only be carried out if the employee concerned has given his consent. However, it should be made clear to the employee that refusal to take part may result in disciplinary action, up to and including dismissal for misconduct.
In addition, these tests can be contested by the employee, as there is a risk of error. In the event of a positive result, the employee must be able to ask his employer to carry out a second medical examination as soon as possible, and this second examination is the responsibility of the employer.

In particular, it is important to bear in mind :

• the principle of proportionality (applicable only to employees in jobs exposed to risk, and not across the company as a whole);
• that employees must be informed of the possibility of such tests and that an adversarial procedure must be put in place in the event of a positive test (with the possibility of a second opinion);
• that the employer is bound by professional secrecy.

In accordance with article R1321-4 of the Labour Code, the text of the internal regulations is sent to the health and safety inspection. The health and safety inspection may, at any time, require the withdrawal or amendment of certain articles or paragraphs of the rules and regulations (article L 1322-1 of the French Labour Code). The employer may also request an assessment of the compliance with the health and safety inspection of the wording in the rules and regulations (L 1322-1-1 and R 1321-6 of the Labour Code). The health and safety inspection will then have to respond with an administrative decision.

There is therefore an obligation to forward the rules and regulations to the health and safety inspection, but they are not systematically assessed by the health and safety inspection unless the shipping company expressly requests this. The shipping company must forward the rules to the health and safety inspection of its head office. To find the contact details of the health and safety inspection, please refer to this page.