2014/50 Testing for drug use subject to strict conditions (LU)
Article 8 of the European Convention on Human Rights prohibits an employer from organising drug detection tests unless the testing is justified by the hazardous nature of the employee’s job or justified by a serious incident. The tests may only be carried out by a medical doctor, never by the employer itself. In order to protect the employee’s private life, the employer cannot have direct access to the results of the tests, but if they confirm the employer’s suspicions, it can be given access to the doctor’s opinion regarding the employee’s (in)ability to perform his work.
Tribunal du travail (Labour Court of Luxembourg), 2013-11-07