Occupational Health and Safety Act amendments: sobriety checks

The Occupational Health and Safety Act amendments, in force since 26 October 2026, reduce the administrative burden on employers and make Labour Inspectorate supervision more effective. Duplicate documents and notification obligations disappear, small businesses face lighter requirements, and employers gain a clear legal basis for sobriety checks. See also how much businesses are expected to save (in Estonian). Below we explain the key changes and the reasons behind them.

Single-person companies are released from most obligations

Until now, even a one-person private limited company (OÜ), where the same individual is the sole shareholder, board member and employee, had to meet all occupational safety requirements – including a risk assessment, safety instructions and a health check for themselves. As a rule, these obligations no longer apply. The reason is simple: employer and employee are the same person, who, like a sole proprietor, is responsible for their own safety.

However, once the company hires even one employee, it must comply with the Act. A one-person company working alongside another employer's employees must also still inform them of the risks of its activities.

Compensation from the Estonian Health Insurance Fund also changes: an accident suffered by a person who is their own employer is no longer an occupational accident but a domestic injury. Sickness benefit is therefore paid as for an ordinary illness 70% from the ninth day instead of 100% from the second day.

Less administrative burden for employers

Internal control. The requirement for systematic internal control of the working environment, together with the duty to review it once a year, no longer applies. Employers must still monitor the working environment regularly, involve employees and take measures where necessary. The change gives employers more flexibility but does not release them from the duty to ensure a safe working environment. Internal control should be an ongoing process, not an annual formality.

Safety instructions. Employers no longer need to draw up safety instructions for each type of work. Safety instructions for work equipment remain. However, even these are not needed if the manufacturer is not required to provide a user manual or if the manufacturer's manual contains sufficient safety information. For equipment requiring special skills, this should be a considered decision: even when the manufacturer had no obligation, the hazards of the equipment may make instructions necessary, and the Labour Inspectorate may require them. Employers must still instruct and train employees in the safe use of work equipment.

Health checks. The deadline for a new employee's health check is extended from four to six months. This reflects the four-month probationary period, which may be extended if the employee is unable to perform their duties, and gives employers enough time to arrange the check. Rules requiring a health check before starting work in certain cases remain unchanged.

Analyses. Employers with fewer than ten employees (calculated as a six-month average) are no longer required to commission an occupational health situation analysis every three years. They must still prepare a risk assessment but no longer need to submit it to the working environment database. However, without it in the database, they are more likely to be selected for an inspection, in which case they must submit it to the Labour Inspectorate on request.

A clear legal basis for sobriety checks

Employers gain the right to check whether an employee is under the influence of alcohol, narcotic, psychotropic or other intoxicating substances. Previously, employers had to remove such employees from work but had no clear legal basis to test them. From now on, employers may carry out a sobriety check where there is reasonable suspicion. This requires visible signs – for example, an observer must be able to see that the employee's usual reactions have changed. Mere conjecture is not enough.

If the work involves controlling a major source of danger (e.g. crane operators, bus drivers) or the employee works in a related environment (e.g. the chemical industry), reasonable suspicion is not required. The employer must identify such work in its risk assessment. Employers may not carry out checks out of personal interest, but only to ensure safety.

What must the sobriety testing procedure include?

A precondition is a written sobriety testing procedure that must be communicated to all employees. The procedure must include at least:

• the testing procedure;
• the consequences of a positive result and of refusing a test;
• measures protecting the employee;
• documentation and retention of results;
• the procedure for challenging results.

The procedure must be detailed enough for employees to know exactly what is tested, how, with what and when, what happens after a positive result and what their rights are. As test results are health data (a special category of personal data under the GDPR), they must be processed minimally and only for the sobriety check. Consequences must comply with the Employment Contracts Act – a first positive result does not, as a rule, justify termination without a prior warning.

The law does not prescribe which devices or how the check is carried out. Employers can choose a method what suits the work – for example devices built into vehicles for bus drivers. Nor does the law set a limit above which an employee is considered to be under the influence. The employer sets it in its procedure. According to the explanatory memorandum, employers must consider the employee's health circumstances (e.g. medication or shock). What matters is not only the device reading, but also whether the employee's behaviour has changed.

In short, employers may carry out sobriety checks, but not arbitrarily or without limits: only under a procedure known to employees and only to ensure workplace safety.

If, as an employer, you need help identifying your obligations or drafting a sobriety testing procedure, or if, as an employee, you are in a dispute over a sobriety test result, contact us – our employment law team is here to help.