Alcohol and drug testing in the workplace: more options soon?

I previously wrote an extensive article on the (im)possibility of conducting alcohol and/or drug tests on employees. The AP is of the opinion that, in principle, such tests are not allowed. All cases in which alcohol and drug testing is allowed, according to the AP, are specifically mentioned in the law. Meanwhile, the Cabinet has plans to change this after all.

Date: January 30, 2020

Modified November 14, 2023

Written by: Annemarie van Woudenberg

Reading time: +/- 2 minutes

I previously wrote an extensive article on the (im)possibility of conducting alcohol and/or drug tests on employees. The AP is of the opinion that, in principle, such tests are not allowed. All cases in which alcohol and drug testing is allowed, according to the AP, are specifically mentioned in the law (such as in the Shipping Traffic Act and the Aviation Act). If none of these legal exceptions apply, then an employer is not allowed to administer alcohol and/or drug tests, according to the AP.

Meanwhile, the cabinet has plans to change that anyway. The idea is to allow alcohol and drug testing at chemical companies as well. After all, if employees go to work there under the influence, the consequences are probably unforeseeable, said State Secretary Van Ark.

Employers (organizations) must - I suspect - welcome these plans from the cabinet. FNV, however, is not so positive and has responded with the message, "A picture is painted here as if working Holland goes to work every morning inebriated or under the influence of drugs, but there are no figures to suggest that there is a real problem."

As far as I am concerned, this reaction from FNV is a bit too short-sighted. According to the cabinet, it is about giving employers in the chemical industry - under strict conditions - possibilities to perform alcohol and drug tests in certain situations in order to guarantee a safe working environment. Of course, not always and everywhere. Now nothing is possible and, most employers agree, that is not desirable. We will keep you informed of developments!


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