Man on a bar terrace in Helsinki. Photo: Vesa Moilanen / Lehtikuva
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A growing number of Finnish employees are facing job consequences after being tested for alcohol use during routine occupational health checks. The blood-based PEth test, which detects alcohol consumption for up to four weeks, is being used without explicit legal backing or, in some cases, the worker’s informed consent.
Seppo Koskinen, professor emeritus of labour law, says the test infringes on fundamental rights.
“Conducting such a test without consent constitutes a breach of privacy. It should be legally regulated, which it currently is not,” Koskinen told Yle.
He said testing someone’s private habits without legal grounds may be unlawful, even if it occurs through occupational health services.
The test, known as PEth, measures phosphatidylethanol levels in blood. These levels rise with sustained alcohol use and persist long after consumption. Unlike breath tests, PEth does not indicate intoxication at work but provides a retrospective window into drinking habits, often covering weekends or holidays.
The Central Organisation of Finnish Trade Unions (SAK) reports numerous cases where employees learned of the test only after results were used against them. According to Riitta Työläjärvi, an expert physician at SAK, test results have led to suspended pay, job loss, or driving bans.
“In many cases, the person was not intoxicated at work. The use happened during free time, yet the result triggered serious consequences,” Työläjärvi told Yle.
The test is now widespread across sectors including construction, logistics, and even office environments. Työläjärvi emphasised that while promoting healthy lifestyles is valid, testing without full transparency creates ethical and legal problems.
“The tests should not be punitive. They should be used as a supportive tool, not a disciplinary one,” she said.
Harri Pasanen, head of advocacy at the Transport Workers’ Union, said 5 to 10 cases this year have already reached the union involving PEth-based driving bans. The real number, he added, is likely higher.
“These drivers weren’t aware they’d been tested for alcohol. When the results came back high, they were banned from driving and left without pay,” Pasanen said.
He cited a case where a worker was left unpaid for a year based solely on a PEth result. No intoxication had been detected at the workplace.
“There need to be clear rules about when these tests are used and how the results are handled. Right now, it varies from case to case,” Pasanen said.
Some industry representatives defend the practice. Auli Rytivaara, occupational health expert at the Confederation of Finnish Industries (EK), says the PEth test is an effective tool for identifying long-term alcohol use that may compromise safety.
“Workplace safety cannot be compromised. For drivers or people working at heights, even one mistake can be fatal,” Rytivaara said.
She argues that employers must be able to assess health risks where safety is concerned and that regular laboratory tests should be part of health monitoring plans, but only when paired with proper medical evaluation.
Rytivaara also insists that testing should be part of an agreed and transparent health assessment process. Random or poorly explained use, she said, risks undermining trust.
But critics argue that the legal framework has not kept up. While breathalyser tests for suspected intoxication are widely accepted, using PEth results to judge employees for past legal behaviour outside working hours raises questions about discrimination and overreach.
Under Finland’s current legal system, no explicit law governs alcohol testing in employment. That absence has opened the door to inconsistent practices and disputes over rights.
Koskinen said the legal void leaves workers vulnerable.
“Without a clear law, there’s no justification for testing someone’s private life in this way. The right to refuse without penalty must be preserved,” he said.
According to Työläjärvi, the solution lies in cooperation and transparency. She called on employers and unions to agree on clear protocols, provide advance notice, and offer support where needed, rather than punishment.
The debate is expected to continue as the use of PEth testing expands and more cases emerge. Worker organisations are calling for legislative action to clarify what employers can and cannot do when it comes to monitoring private behaviour through medical tests.
HT
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Source: www.helsinkitimes.fi
