Helsinki (02.10.2004 - Juhani Artto) New regulations on workplace drug tests entered into force on 1 October. The reform was prepared by a tripartite forum in which the trade union point of view was taken seriously. The trade union position fared even better when the matter was considered by the Finnish Parliament.
The starting point of the new legislation is the need to protect employee privacy. This involves significant restrictions on the freedom of employers. No tests may be performed at the workplace, and it is for the employee to provide the test results to the employer. These tests must be performed by a competent health care professional.
When recruiting new staff the employer may require a drug test only from the candidate who has been selected. Even this right only applies to jobs that require precision, reliability, independent judgement and advanced reflexes.
Moreover, the duties of the employee in question must be of a character that would involve a risk to life or health or of more than minor material damage if performed under the influence of narcotics.
The same criteria will apply to employees already employed by the enterprise.
The new legislation stresses co-operation between the employer and the employees in matters of drug testing. The two sides of industry have considerable experience of such collaboration in dealing with alcohol-related problems, and the results have been largely favourable. The social partners in Finland have long adhered to an agreement that prioritises specialist care over dismissal or other forms of punishment.
Under the new Act, employers have a duty to co-operate with their employees to formulate an anti-drug programme.
Trade unions have welcomed the reform, which now provides clear regulations and restrictions on employer behaviour. Some enterprises may have to reconsider their approach to matters of drug testing.
Commenting in Finland's largest circulation daily newspaper Helsingin Sanomat, SAK lawyer Timo Koskinen voices suspicions that some enterprises have implemented drug testing on a scale that exceeds the limits permitted by the new legislation.