The alcohol test commissioned by employers breaks the law, estimates an expert

“These The testing of the tests goes a lot more than what has been considered allowed, ”says Emeritus Professor of Labor Law Seppo Koskinen.

Koskinen refers to so-called PETH tests that have recently been introduced in occupational health. The tests taken from the blood pattern alcohol consumption for the previous week.

SAK’s expert doctor Riitta Lake Lake Lake He says that he has recently become aware of over a dozen cases where employers have conducted PETH tests.

According to Lake Lake Työläjärvi, tests have even led to redundancies.

The proliferation of PETH tests in working life has previously been reported General and ACT.

Lake Lake Lake According to health examinations, tests are usually conducted.

In connection with them, the employee could have been aware of having a blood test, but not necessarily about the blood measurement of alcohol use.

If the PETH test values ​​have been elevated, the employer may have said that the test must return to normal before working and payroll can continue, says Työläjärvi.

The PETH test does not tell when alcohol has been consumed in recent weeks. According to Lake Työläjärvi, those who contacted SAK have not been drunk during working hours.

« The values ​​may have been slightly elevated if there has been a party or if there has been plenty of sauna beer during the holidays, » Lake Lake Lake illustrates as an example.

Labor law Emeritus Professor Koskinen says that there is no legal basis for alcohol tests commissioned by the employer.

By law on the protection of privacy in working life there is Own number of drug tests, but not alcohol tests. Parliament has wanted a more detailed regulation, but there has been no result, says Koskinen.

“The law does not have the right to perform alcohol tests.”

The current state has come from different practices. In occupational health care, an alcohol test has been used to exclude alcohol use, says Koskinen.

There is plenty of case law on alcohol abuse cases, says Koskinen. If the employer suspects that the employee has come into work when he was intoxicated, he can send this home. If the same is repeated, the penalty may be more serious, but even then Koskinen says that treatment guidance has been emphasized.

According to Koskinen, the information provided by SAK on PETH tests exceeds the current norm.

« It cannot go that when the legislative does not get legislation, we only go further and further in practices. »

Particularly According to Koskinen, it is problematic that the employee can get consequences for legal alcohol use in his spare time.

This violates the law of privacy in working life, he estimates. He does not remember exactly similar cases.

However, in the past, for example, police may have been arrested if they have been caught in drunk driving in their spare time, says Koskinen. At that time, however, it was a crime.

SAK’s Lake Lake Lake also considers the problem that the test may not have given consent to the alcohol test. If the procedure is not agreed in agreement, the patient law will be violated, says Työläjärvi.

Lake Lake Lake admits that in some areas, heavy alcohol consumption in leisure time can negatively affect work performance.

« Working in a hangover in the traffic sector or in other areas that require precision motor can be detrimental to safety. »

Emeritus Professor of Labor Law also understands that, for example, an employer may need alcohol tests for occupational safety, but emphasizes that legislation is needed.