We recently had an enquiry as follows:-
We believe that we have a situation whereby we will need to necessary to test our employees for drug and drink abuse.
Please what is the correct way to apply this or announce it in Spain, so that we act in accordnace with the law?
Perhaps we need you to draft a legal letter or something they have to sign?”
This is the answer:
Drug and alcohol test for employees are legal in Spain, but you have to take in consideration 2 things:
1º) The employee must accept the test, you can not do it without his/her consent (so it would be advisable to get them to sign something)
2º) You can not dismiss an employee just because he has a positive test. The employer would have to prove that drugs or alcohol affects his efficiency in the workplace.