Stibbe will host a masterclass entitled 'Alcohol and drug testing in the workplace' on 6 June in Amsterdam. During this masterclass, employment law expert Johan Zwemmer and privacy experts Frederiek Fernhout and Judica Krikke will discuss the Dutch Data Protection Authority's general prohibition of these tests and discuss whether and how employers should implement.
General ban on alcohol and drug testing in the workplace
Alcohol and drug testing in the workplace may at times be necessary. For example, employers are obliged to take measures to prevent their employees suffering damage in the performance of his duties, and here a test may be required to ensure employee safety. Works Councils also have the right to consent to the establishment of an alcohol and drugs policy in the workplace, and breaches of such a policy may lead to serious disciplinary sanctions such as suspension and dismissal.
However, the Dutch Data Protection Authority has stated that alcohol and drug testing in the workplace is always prohibited, except to the extent explicitly permitted by the Decree on Alcohol, Drugs and Medicines in Traffic.
How should this contradiction be reconciled, and what does this general ban mean for employers?
In the masterclass, we will discuss this issue, alongside the following questions:
- Which elements of employment law and employee participation play a role in regulating alcohol and drug testing?
- What are the implications of the prohibition imposed by the Dutch Data Protection Authority?
- Is a total ban unavoidable under the GDPR?
- How should employers proceed: stop testing now, or continue and attempt to mitigate the legal risks? How can this be done?
This masterclass is fully subscribed. For more information on this subject, please contact Judica Krikke.
Date: 6 June 2019. 16:15-18:00
Location: Beethovenplein 10, Amsterdam