Drug testing

Health care professionals must be used for carrying out checks and tests concerning the health of employees and for taking samples. This requirement also applies to alcohol and drug tests. Alcohol consumption can be tested with a blood test or breathalyser test. A blood test may only be performed by a health care professional.

Breathalyser test

If an employee’s work ability is in question due to alcohol consumption, an assessment of their work ability based on an observation is always the primary means of intervening in the situation. The voluntary use of a breathalyser test is based on occupational health and safety aspects, and there is no separate legislation on it. For this reason, the employee cannot be obligated to take a breathalyser test.

Taking a breathalyser test is always voluntary. The employer can offer the employee the opportunity to prove that they are not under the influence of alcohol by means of a breathalyser test. Refusal to take a breathalyser test cannot be interpreted as the employee being under the influence of alcohol. If, on the basis of an observation, work ability is deemed to have decreased, the employer may prohibit the person from working. The employer must refer the employee to occupational health care at a low threshold when the employee’s work ability is in question due to possible intoxication.

If the workplace intends to apply voluntary breathalyser tests, clear procedures on the use of breathalyser tests recorded in the substance abuse programme and instructions for supervisors on how to act in different situations, will support everyday operations. Reliability of measurement equipment, proper maintenance and the training of personnel in their correct use are also important.

A breathalyser test can be performed at the workplace, or the employee can be referred to occupational health care for a voluntary test. In some situations, working under the influence of alcohol can be a crime. This is the case for those working in transport tasks, for example. In this case, the police will investigate the possible intoxication.

Drug test

The Act on the Protection of Privacy in Working Life provides for the processing of information concerning the use of drugs at the workplace. Although the act provides for the processing of data, in practice, the law provides for situations in which a drug test may be required in recruitment and during the employment relationship. The employee receives a certificate of the drug test, which they submit to their employer.

The employer cannot require a drug test certificate if there is no substance abuse programme in place at the workplace. It is advisable to record the procedures for drug tests in the substance abuse programme. Work tasks requiring the submission of a drug test certificate must be handled in a co-operation procedure. The procedure must cover those work tasks in which the employee is either required to provide or may, based on their consent, provide a certificate concerning a drug test to the employer.

A drug test can also be performed as part of a health examination carried out by occupational health care. In this case, a general statement on the employee’s work ability is provided after the health examination, without specifying the use of drugs.

The act separately provides for the submission of a certificate concerning a drug test upon employment (for a job applicant selected for the position) and during the employment relationship.

Drug test at the start of employment

If the legal requirements are met, the employer may receive and process a certificate concerning a drug test from a job applicant selected for the position, with their consent.

The legislation lays down the general conditions for the provision of a certificate. A certificate may be required if the job applicant is intended to perform work that requires precision, reliability, independent judgement or fast reaction speed. In addition, it is required that working under the influence of drugs or while dependent on drugs may jeopardise important interests separately specified in the legislation, such as life, health, occupational safety and road safety.

In addition to the general conditions, the employer may require the provision of a certificate for certain types of work tasks mentioned in the legislation (tasks requiring special trust, education of a minor, access to drugs).

The above is also applicable to situations where the employee’s duties change during the employment relationship in such a way that they meet the legal requirements.

Drug test during the employment

Suspicion of drug addiction or working under the influence of drugs entitles the employer to demand a drug use certificate. It is also a prerequisite that the testing is necessary to determine the employee’s work and functional capacity and that the employee performs work that requires particular precision, reliability, independent judgement or fast reaction speed. In addition, it is required that important interests specified separately in the legislation are endangered (e.g. life, health, occupational safety and road safety).

The provision of a drug test certificate may also be required when the employee is committed to treatment on the basis of a positive test result and the testing is related to monitoring the implementation of treatment.