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French Government Proposes Ban on Working Under the Influence in Labor Code

Officials frame the plan within a broader anti-narcotics strategy featuring prevention measures, with a decree due by mid-January.

Overview

  • Labour Minister Jean-Pierre Farandou announced an intent to inscribe a general prohibition on working under psychoactive substances into the Code du travail during a debate at the Assemblée nationale.
  • He emphasized that employers already may conduct unannounced drug tests for safety-sensitive posts if company rules allow it, and refusal can trigger disciplinary action up to dismissal.
  • The government pairs the proposal with prevention efforts, with the fifth occupational health plan slated for the first half of 2026 to bolster employer support, awareness, and care for employees who use drugs.
  • Health Minister Stéphanie Rist prepares a national prevention campaign for early 2026, while Interior Minister Gérald Darmanin said a decree establishing a repenti status will be issued before mid-January.
  • Existing law punishes illicit drug use with up to one year in prison and a €3,750 fine, with harsher penalties for public officials and transport staff, and current labor rules already restrict workplace alcohol; officials cite rising consumption, with 14.6% of adults reporting illicit drug use at least once in 2023.