Legislation governing the prevention of substance abuse-related harm

The Employment Contracts Act (55/2001) (opens in a new window, you will be redirected to another service)(opens in a new window, you will be directed to another service) is basic legislation governing working life, which lays down the key rules of the employment relationship and the rights and obligations of the parties. The Act on Civil Servants in Local Government (304/2003) (opens in a new window, you will be redirected to another service)(opens in a new window, you will be directed to another service) (in Finnish) and the Act on Public Officials in Central Government (750/1994) (opens in a new window, you will be redirected to another service)(opens in a new window, you will be directed to another service) provide for public officials in municipalities and wellbeing services counties and public officials in central government.

The Occupational Safety and Health Act (738/2002) (opens in a new window, you will be redirected to another service)(opens in a new window, you will be directed to another service) obligates the employer to look after the safety and health employees at work. In addition, it obligates each employee to take care of their own and other employees’ safety and health at work with the available means in accordance with their own experience and professional skills.

Familiarise yourself with at least the following regulations:

• Section 8 Employers’ general duty to exercise care
• Section 10 Analysis and assessment of hazards at work
• Section 14 Instruction and guidance to be provided to employees
• 16 Employer’s substitute
• Section 18 Employee’s general obligations
• Section 19 Eliminating and reporting faults and defects

The Occupational Healthcare Act (opens in a new window, you are transferred to another service)(opens in a new window, you will be directed to another service) is aimed at promoting the prevention of work-related illnesses and accidents, the health and safety of work and the work environment, the health and functional capacity of employees at different stages of their careers and the operations of the work community through co-operation between the employer, the employee and occupational health care.

Section 11, subsection 4 of the Occupational Healthcare Act provides for the occupational health care action plan and substance abuse programme. If drug tests are to be carried out on employees or job applicants, the employer must have a substance abuse programme in place in accordance with this provision of the Occupational Healthcare Act. In addition, prior to the approval of the substance abuse programme, the duties pursuant to Sections 7 and 8 of the Act on the Protection of Privacy in Working Life must be processed in co-operation, whereby the job applicant or employee is required to provide or, on the basis of their consent, can provide a certificate concerning a drug test to the employer. In organisations not covered by co-operation legislation, before making a decision, the employer must give employees or their representatives an opportunity to be heard about the task-specific grounds for drug tests.

Section 13 of the Occupational Healthcare Act provides for the employee’s obligation to undergo health examinations. Due to the health requirements of the work, an employee cannot refuse the assessment of their work ability and functional capacity without a justified reason.

Section 19 of the Occupational Healthcare Act provides for drug tests and related certificates. Subsection 3 provides that more detailed provisions may be issued by Government decree. Such a decree is the Government Decree on conducting drug tests (218/2005).

Act on the Protection of Privacy in Working Life (759/2004)(opens in a new window, you will be redirected to another service)(opens in a new window, you will be directed to another service)
Chapter 3 of the Act concerns the processing of information concerning the use of drugs.

• Section 6 Certificate concerning drug testing
• Section 7 Submission of a drug test certificate at the start of employment
• Section 8 Submission of a drug test certificate during employment
• Section 9 Employer’s obligation to provide information on a drug test certificate
• Section 10 Costs of obtaining a certificate
• Section 11 Relation to provisions concerning health examinations
• Section 12 Application of the provisions to professional athletes