Testing of the Applicant’s State of Health in Connection with the Recruitment
The employer has no general obligation to determine applicant’s state of health. In some cases, however, the employer is required to ensure that the employee is medically fit to perform the work in question, before concluding an employment contract. Such an obligation may exist for the employer, for example, if the employee handles hazardous substances in the course of his or her work, or his or her poor state of health may pose a danger to other people (for example, a bus driver).
In principle, the employee has the right to decide for himself/herself whether to take part in health examinations, but the employee may not refuse without a valid reason in cases where the health examination is necessary when the placing the employee on the job or if the job may pose a special risk of illness. An employee may not refuse to be tested for a medical condition if the medical examination is necessary to determine his or her ability to work or function. For example, nickel allergy testing a person applying for a cash handling job is essential.