We completed the guidance on the alcohol testing of employees and processing of personal data in the workplace

We have put together answers to frequently asked questions about alcohol and drug testing in the workplace on our website. We also added information on what employers should consider when collecting personal data from employees and job applicants.

Our website provides answers to topical questions about alcohol and drug testing for employees.

• What is the law on alcohol and drug testing for employees?
• What information does the employer receive about an employee’s work ability? Can occupational health disclose to the employer information about an employee’s alcohol or drug test result?
• Does an employee have the right to refuse a health check or alcohol or drug test on the grounds of privacy?
• Can an employee’s alcohol consumption be tested without their knowledge?

Occupational health care may not disclose an employee's health information to the employer without the employee’s consent. The information is secret and confidential, with right of access only for the patient and the health care system.

Certain occupational groups and jobs are subject to compulsory health checks to demonstrate work ability. The health check may also include an assessment of alcohol or drug use. Such health checks are required by law and the employee cannot refuse them without good reason. The certificate given to the employer also contains a general assessment of the person's work ability. It does not include individual test results, diagnoses or a specific medical condition that might make the employee unsuitable for the job.

The employer can also offer voluntary health checks or other services to support the employee’s work ability. An employee has the right to choose whether or not to undergo these voluntary checks or tests.

Health checks and tests must always be carried out in agreement with the employee, and the employee must be informed if, for example, a blood test will measure alcohol consumption.

The employer may only process information that is necessary for the employment relationship

We also completed the guidance on the collection of personal data from employees or job applicants, and updated the answers on the employer’s right to process personal data.

• What should an employer take into account when collecting personal data from employees and job applicants?
• What personal data of an employee or jobseeker is the employer allowed process?
• When and how can the employer process an employee's health information?

The general rule for all processing of the personal data of employees and job applicants is that they may only process data that is necessary with regard to the employment relationship. The employer is therefore not allowed to process any personal data relating to the employee, and unnecessary data may not be processed, even with the employee’s consent.

The employer must collect the data primarily from the employee and the job applicant themselves. If data is obtained from elsewhere, the employee’s consent to the collection of the data must be obtained in principle.

Further information:
Frequently asked questions about data protection in working life