The ministry is also questioning whether the current system, which prohibits access to company premises even after an employee has left, is even legal.

Oil shale companies in Ida-Viru County have banned individuals caught failing alcohol screenings from accessing their premises, aiming to keep them away from the high-risk industry.

Within VKG's oil shale operations, various penalties apply. If an incident involves their own employee, they are barred from accessing the premises for a six-month period; subcontractors face one-year bans, said VKG board member and technical director Raivo Attikas.

"The Viru Keemia Grupp conglomerate includes the A-category high-risk subsidiary VKG Oil as well as an underground mine," Attikas noted. "Therefore, it's essential for us to ensure the safety of our employees, subcontractors, our guests as well as the entire community. That's why if one of our employees or a subcontractor's employee tests positive in an alcohol screening, we temporarily restrict their access to the premises."

VKG also allows workers to pretest themselves in case of any uncertainty.

"Viru Keemia Grupp conducts random alcohol screening, and we have allowed our employees and subcontractor employees to pretest themselves," the technical director explained. "If someone feels unsure, they have the option to pretest themselves. We know that both our employees and subcontractor employees take advantage of this opportunity too."

Subcontractor employees are generally more problematic than the company's own staff, he added.

At Estonian state-owned energy group Eesti Energia's industrial companies, anyone caught testing positive during alcohol screening gets a two-year access ban, regardless of whether they were an employee or subcontractor.

While information about problematic individuals is shared within the Eesti Energia group, Enefit Power's safety, quality and risk manager Ainar Allikmäe says that high-risk companies would be safer if a cross-company employee registry existed. A centralized employment register could help prevent situations where an individual dismissed from a previous job due to alcohol-related problems could easily apply for a position at another high-risk company.

"Unfortunately, we don't get information about whether someone has erred in another company," Allikmäe acknowledged. "But of course it would be good if some sort of common database existed. It would make our work much easier, and provide us with a clearer picture.There could be some sort of database accessible for critical service providers and high-risk companies where this information could be obtained."

At VKG, Attikas endorsed the concept of such a database, but acknowledged that actually creating it would be complicated due to data protection considerations.

'This is sensitive personal data'

At the Ministry of Economic Affairs and Communications (MKM), Eva Põldis, working environment chief at the Department of Employment Relationships and Work Environment, says she understands the industries' desire to mitigate risks. Even so, she doesn't consider the establishment of such a database feasible.

"I do understand from the employers' perspective that if they have employees who are intoxicated, this can lead to workplace accidents, which is dangerous both for them and for others," Põldis acknowledged. "I get the idea, but I must say that a national public registry of employees who have ever been intoxicated in a work environment is not realistic. We have to consider that this involves individuals' personal data, and more specifically, sensitive personal health data, and sharing such data publicly does not comply with the principles of data protection."

She moreover raised questions about whether the current system, where information about problematic individuals is shared within the company and without other companies, is even appropriate.

"When it comes to the principles of personal data processing, I can't help but question whether this is in compliance with them," the ministry official said. "Because when we're talking about an individual being found to be under the influence of alcohol, then that is health data, which is sensitive personal data. [This data] must be processed in accordance with very strict rules. Sharing such information within a company is highly questionable, nevermind sharing it with subcontractors or other companies."

Both Enefit Power and VKG stated that they always inform their employees and subcontractor employees about company rules, including those regarding alcohol, before they start work.

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