Drug Tests During Employment

During employment the employer may require the employee to present a certificate of a drug test. The Act on the Protection of Privacy in Working Life defines the situations in which an employer may oblige an employee to present such a certificate:

• the employer has justifiable reason to suspect that the employee is at work under the influence of drugs or that the employee has a drug addiction; and if

• testing is essential for evaluating the employee’s work and performance ability; and

• the employee’s tasks are of such nature that they require special precision, reliability, independent judgment or quick reaction skills.

In addition it is required that the employee is engaged in work activities in which performance under the influence of drugs or with a drug addiction seriously endangers the life, health or occupational safety of the employee or other persons, national defense or state security, traffic safety, data protection or business or professional secrecy of financial significance or could significantly increase the risk of illegal trading in or spread of substances in the possession of the employer in accordance with the Narcotics Act.

The use of drug tests always requires a written intoxicant/drug control program in accordance with the Occupational Health Care Act. For more information see [Drug Control Program] and [Anti-Drug Program]. Companies are, moreover, recommended to agree under the co-operation procedure upon the profession groups from whom drug test certificates can be demanded.

Refusing to present a certificate of a drug test is not automatically a ground for terminating the employment as each case is evaluated individually.