When an employer may carry out a drug test
Collective agreement no. 100 of the National Labour Council only allows alcohol or drug tests if the employer has developed a preventive alcohol and drug policy and the test rules are in the work rules. The test may only check whether the employee is fit to work, must be proportionate to that purpose and requires the employee's consent. The result may not be kept in a file.
Exceptions
Biological tests such as blood or urine tests fall under a separate act and may only be carried out by the occupational physician, as part of health surveillance. A sanction may never rest solely on a test result.
What is the risk?
A breach of a generally binding collective agreement such as collective agreement no. 100 is a level 1 offence under Article 189 of the Social Criminal Code: an administrative fine of € 100 to € 1,000, per employee concerned.
What to do
First set out your alcohol and drug policy and include the test rules in the work rules: which test, for whom, under which procedure, by whom, when and with what consequences. A blood or urine test always goes through the occupational physician.
Would you like to include an alcohol and drug policy in your work rules?
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .