Anti-Drug Program

It is required to determine in the co-operation procedure, in which work-related duties the employee can be required to present a drug test certificate. An anti-drug program at work should be formulated in co-operation with the personnel. The program is a prerequisite for the commencement of such tests.

It is recommended that, at minimum, precautionary measures against the abuse of drugs and other narcotics, action plans in case drug abuse is suspected, necessary treatment and other support functions as well as follow-up procedures are included in the anti-drug program. The program can also be connected with an agreement regarding the procedure of referring to treatment.

Even though a workplace has an anti-drug program, an approval by the employee is always required for testing. However, refusing to take the test and other factors combined can create grounds for termination or dissolution of employment. Still, the consideration whether there are grounds to terminate the employment is always based on the Employment Contracts Act. For more information see [Termination of an Employment Relationship].

The approval by an employee can be agreed upon beforehand. The employee has to approve of the testing if it has been agreed upon with the employer. For instance, a clause by which the employee agrees to give a sample for drug testing can be incorporated in the employment agreement in case the necessity requirement is fulfilled. The matter can also be agreed upon later on in the course of employment by a separate agreement.

In case this has been agreed upon, but the employee, in a concrete situation, refuses to take the test, a breach of contract arises. By refusing, the employee has breached his or her obligations as set forth in the employment agreement. The breach can result in, as any other refusal, termination of employment by dissolution or notice of termination.