In the Netherlands, an employer usually may not simply test you for drugs or alcohol. Health data are special personal data, and the GDPR in principle prohibits processing them. A legal basis exists only for certain professions. What you can do yourself is have a test carried out independently and decide whether to share the result.
Below you will read what is and is not allowed, and how a test of your own fits in.
May an employer test you for drugs?
In most cases, no. According to the Autoriteit Persoonsgegevens, testing for alcohol, drugs or medicines during work time is only allowed if there is a legal regulation for it. An employee's consent is insufficient here, because in an employment relationship there is no full voluntariness.
For a few professions a legal basis does exist, such as pilots and train drivers under the Aviation Act, the Railway Act, the Local Rail Act and the Shipping Act. Outside those frameworks, an employer may not use the result of a drug or alcohol test.
What can you do yourself?
You can have a test carried out yourself and decide what to do with the result. At Zuivertest you choose the substances, only you see the result, and you share it only if you want to. That differs from a corporate test, where the employer decides the panel.
- Pre-employment drug test in a job application
- Can your employer require a drug test?
- Which substances does an employer test? 5-panel vs 10-panel
- Safety-sensitive roles and drug testing
If you want a broad view, you can have an extended 10-panel carried out. Every test result at Zuivertest includes a professional assessment from a BIG-registered doctor. For treatment decisions, discuss your results with your GP.
Sources
- Autoriteit Persoonsgegevens, "Testing for alcohol, drugs or medicines during work time only with a legal regulation" (autoriteitpersoonsgegevens.nl)
- Trimbos Institute, "Alcohol and drug testing at work and the law" (trimbos.nl)
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