Can bosses force employees to take a drug test?

Anyone who receives an order from their boss to undergo a drug test does not necessarily have to follow it. But in some cases this can have serious consequences.

Gütersloh. If an employee comes to work feeling jittery and changed, there could be many reasons - one of which could be drugs. But what can the boss do to be certain? Can he force employees to take a drug test?

“Drug tests interfere with personal rights, which is why in many cases this will not work without the employee’s consent,” explains Johannes Schipp, a specialist lawyer for labor law. In addition, the employer must also have a legitimate interest in a drug test. Vague indications that an employee may have taken drugs are not enough.

In some professions, the employer may have a legitimate interest in a test. This could be the case in many jobs in the security-related area. Or with pilots, bus drivers, train drivers. If the employer has a concrete suspicion that someone is under the influence of drugs, they can request such a test, says Schipp.

Even then, employees still have the option of refusing it - because the employer cannot physically force employees to do so. But refusing can have serious consequences for employment. If an employee refuses to take a justified test, a warning can be issued, and if the behavior persists, even termination, explains the specialist lawyer.

However, if an employee refuses to take a drug test that is not authorized, there are usually no consequences. After the labor court has examined whether the refusal was legal, warnings received for this can be deleted from the personnel file and terminations issued cannot be valid.