INTERNATIONAL DRUG TESTING BY IGNASI BALSELLS BAILÓN, DETECTO—MTB DISTRIBUCIONES TECNOLOGICAS SL.


The Legal Status of Drugfree Workplace Programs in Spain


A


s Spain’s government continues to promote the country’s workplaces as an optimal platform for


drug addiction intervention, clear legal protections for employers have yet to be determined. Despite the intervention benefits presented by the National Drug Plan, the reality is that the legal situation in Spain regarding the drug and alcohol testing industry continues to be very confusing. At the legal and legislative levels, the


detection of drug abuse at work is a very complex issue—and one for which not all countries have direct legal resolution. When it comes to drug and alcohol


testing in the workplace, the U.S. is the most advanced country. Here, the control of drug testing at work is regulated and mandated by several industries, such as transportation, security, and even public policy. Each of these sectors deals independently with the variability of laws impacting drug and alcohol testing, such as labor laws, data protection laws, occupational safety laws, etc. In Spain, this type of regulation does


not exist. For European countries, the European


Convention of Human Rights (adopted in 1950), guarantees the right to privacy, except in cases of “national security, public safety or the protection of the rights and freedoms of others.” It is under this legal umbrella that various national directives have been developed, including those covering substance abuse testing of workers. In Europe, many countries have developed specific legislation that protects and sets limits on drug use analysis at work, including Ireland, France, Lithuania, the Netherlands, Slovakia, Finland, and Norway. In Spain, there is no specific regulation


that addresses workplace drug testing. While the government is said to be working


54 datia focus


on it, it has not proven to be a priority for any administration. As a result, employers are referred to the drug and alcohol testing laws enforced by various state and autonomous communities, which further complicates the situation. In general, although Spain’s regulations


offer significant protections for workers, drug use control is permited in all jobs where the use of drugs may pose a risk to third parties or the worker himself. Also, article 54.2 leter f) of the Workers’ Statute contemplates as a cause of disciplinary dismissal, “the habitual drunkenness or drug addiction if it habitually affects the work.” Te same statute details the voluntary control of workers, except for three cases in which the worker may not refuse a drug analysis: 1. Tose cases in which the realization of such surveys is necessary to evaluate the effects of working conditions on the health of workers;


2. To verify that the worker’s status can pose a danger to himself, other work- ers, or other persons related to the company. (Tis heading covers the performance of consumer tests in most companies); and


3. When it is established in a legal provision in relation to the protection of specific risks and activities of special danger.


Thus, the law protecting the


carrying out of controls for workers who perform sensitive functions that can be affected by the consumption of drugs and/or alcohol. A distinction can be drawn between


recreational consumption in worker privacy and consumption in the working day. Numerous studies support the notion of impairment of multiple motor and cognitive functions of an addict. From this perspective, the drug analysis protects the worker and the company from inappropriate behaviors directly linked to drug use and dependence, regardless of where and when it is consumed. ❚


Ignasi Balsells Bailón is the owner of Detecto, a company specializing in di- agnostic testing. One of De- tecto’s main objectives is to introduce the advantages of


a Drug-free Workplace program to introduce drug testing to the Spanish market and to promote to employers the importance of a Drug-free Workplace program. Ignasi has a degree in Economics from the Autonomous University of Barcelona in Spain, and a master’s degree in Addictions and Addictive Behaviors from the University of Valencia.


summer 2017


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