Frequently asked questions about alcohol and drug tests in employment

Yes, as an employer, you have the right to carry out tests in connection with (new) employment, as long as it is done in accordance with Swedish legislation and with the candidate’s consent. It is important that the tests are relevant to the service and that the testing is done in a fair and transparent manner.

It is highly recommended. A clear alcohol and drug policy helps you communicate your expectations, create predictability, and minimize legal risks. The policy should describe why tests are being conducted, how, when, and what roles are covered.

There are different methods for alcohol and drug testing at work. The most common is a urine test, a saliva test, or a blood test. In the case of a new hire, saliva tests are recommended. Which has shown zero margin of error, traces up to 60 different drugs, and it is not an invasion of privacy for the person being tested. The choice of test type depends on the purpose, the time frame, and how quickly the result is needed

A positive test result is always handled in accordance with your policy and the procedures you have in place. This may mean that the candidate is not offered the position, but it is important to follow legally secure processes and document the decision.

Tests should always be carried out by accredited actors and analysed in approved laboratories. In this way, the risk of incorrect results is minimized, and you, as an employer, get a legally secure basis for your decisions.

It varies depending on the type of test and laboratory, but generally, you will have an answer within five working days.

Yes, tests may not be conducted without the candidate’s explicit consent. Consent must be voluntary, informed, and documented.

Yes, it is much easier to introduce tests for new hires. Then you can clearly communicate the test requirement in the recruitment process, and it is easier legally and organizationally to handle. Introducing tests for already employed employees requires more extensive support, union dialogue, and policy work.

Yes, but it requires a particularly high level of care. Public employers must take into account both legislation and collective agreements and the principle of proportionality. Therefore, it is extra important that the tests have a clear connection to the work tasks. More questions for public employees can be found below.

First, you should develop a policy and decide which services should be covered. Then you choose a test provider, develop routines, and train relevant people in the process. We are happy to help with the entire setup, from policy to practical implementation.

Yes. Public employers are covered by the principle of public access to official documents, the Administrative Procedure Act, and must have a legal basis under GDPR in order to process sensitive personal data, such as test results. Consent is not enough – there must also be an objective need linked to the service and support in law, collective agreements, or other legal rules.

Only if there is a clear and documented need, for example, if the person is going to work with children, young people, or in a security-classified environment. The principle of proportionality always applies: testing must be proportionate to the risks posed by the service. It is therefore important to carry out an assessment by type of service and to document the reasons.

Test results are sensitive personal data and are not covered by the principle of public access to official documents per se, but if they are entered in a case or document, they can, in some cases, become a public document. You must therefore have clear procedures for handling, deletion, and confidentiality assessment to protect personal integrity.

Yes, in many cases. If the testing may affect the employees’ rights or the work environment, you should negotiate according to the MBL (Co-determination Act), even if it is a matter of new hires. Trade union collaboration also creates legitimacy and anchoring in the organisation.

You can communicate about the test requirement in recruitment materials and in communication with candidates, but avoid collecting more information than necessary. Use a data protection officer to review procedures and ensure that the wording complies with both GDPR and good administrative practice.

Yes, the interpretation of proportionality and consent may vary depending on the nature of the activity. Regions and municipalities often work more closely with health care and education, which may justify testing in more cases, but the requirements for legal certainty, documentation, and anchoring are just as high or higher.