ADM test in the transport sector
Do you work in the transport sector in a dangerous occupation? Then there is a chance that your employer wants to test for reasons of safety if you have used alcohol, drugs or medicines. This is called an ADM test. Such test is only allowed if there is a law that says so. In addition, performing an ADM test is subject to strict requirements.
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Statutorily required ADM test
An ADM test is required by law if your are a skipper, pilot or train driver, for example. This can be found in the Shipping Traffic Act, the Road Traffic Act, the Railways Act, the Local Railways Act, and the Aviation Act. These acts are bundled in the Alcohol, Drugs and Medicines (Road Traffic) Decree.
Requirements for a mandatory ADM test
If the ADM test is required by law, your employer has to ensure proper protection of your privacy. Among other things, this means that your employer is not allowed to collect more personal data that necessary. And your employer has to secure the data thoroughly.
Furthermore, the law stipulates that only designated officials or persons designated by the minister are allowed to administer an ADM test.
No ADM test without statutory duty
Do you work in the transport sector, but not in an occupation that has been listed in these acts? Then your employer is not allowed to administer an ADM test to you. This is because your employer is not allowed to collect and store health data, unless there is a statutory exception to this prohibition.
This also applies when you enter the premises of an organisation to do your job, but are not directly employed by that organisation.