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 Finland
Legal Situation
Finland is preparing a bill concerning drug tests. Here is the summary of the working group memorandums of the Ministry of Social Affairs and Health 2002:2:
"The working group was assigned to survey the need for drug testing. The working group was also to survey legal questions associated with testing, to evaluate the reliability and feasibility of the tests and to assess the effects of drug testing. The working group was also given the task of, if necessary, drawing up proposals for setting rules for drug testing taking into account aspects of legal protection.
The working group prepared an interim evaluation report which was published June 30, 2001. The working group was given an extension until January 31, 2002. The working group states that it is necessary to support the operational preconditions of different sectors of society to prevent the use of intoxicants and treat consequences. It is alcohol, however, that causes the largest amount of harm caused by intoxicants. For this reason testing for the use of alcohol is included in the draft bill of the working group.
The working group has considered questions related to drug testing in the work life for the part of practical training in relation to studies. Possible drug testing in connection to education requires futher preparation. The working group considers it possible for the testing to be carried out technically reliably and is feasible as an intoxicant indicator, but it provides information only on the situation at the time of testing. There is a reason to draw attention to the implementation of intoxicant testing according to good practices and their correct interpretation. Quidelines concerning the practical implementation of drug testing are appended to the final report of the working group.
According to the working group intoxicant tests should be directed and not general screenings. Properly directed and timed, the tests can be used to intervene in the use of intoxicants at an early stage and to take measures involving care etc. as well as to possibly slow down the use of intoxicants becoming more common. An intoxicant-free working environment improves occupational safety and job satisfaction.
The working group has, in accordance with its assignment, prepared a draft bill on testing for intoxicants in the work life. In the act the rights and oblications of emploees, employers and health care professionals would be prescribed in relation to the intoxicant test to be carried out and the processing of the data. In the work of the working group aims related to health care were emphasised and are also emphasised in the draft bill proposed by the working group. According to the proposal the basis for the testing would be the needs for testing arising from work tasks and occupational safety as well as those related to an intoxicant-free working community. In obligatory tests the basis should be the need to evaluate the danger to life or health caused by work. Directed in this way, the tests would funtion in the same direction as the operational prinsiples of the Labour Protection Act and the Occupational Health Care Act."
Testing
Workplace Drug Testing done in Finland nowadays is mostly pre-employment testing, but the interest of random testing is growing. Usually workplaces negotiate an agreement between employer, employees and occupational health service where is defined f.ex. how to test and who should be tested. It is common that employer is informed only about the aptitude of the applicant for the workplace offered. If he/she is not aptitude it is not mentioned which part of the health examination was failed (sight, hearing, drug test...).
Amount of tests done is difficult to acquire while there are many laboratories screening drugs. An unknown number of companies also use Point of Care technology.
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