Application of Doping Tests in the Workplace

Doping tests, or substance detection tests, are a fundamental tool in various fields. It is used to detect the consumption of drugs or illicit substances, specifically in the workplace context. Their application has been highly relevant for both employers and employees due to their impact on providing for the safety and well-being of workers and the general work environment.

There is the question of whether these tests can be applied for employment purposes in Costa Rica, and the answer is affirmative. They can be used if they are justified in pursuing a legitimate purpose, which is to ensure that personnel are performing their duties in optimal conditions, with due care, diligence, and intensity, and without being under the influence of alcohol or analogous drugs. This is crucial, especially in jobs that require a high level of attention to detail and care.

The most common doping tests in the workplace are urine and blood tests, with urine tests being the most used due to their lower invasiveness and cost. Although less common, blood tests can be seen as more accurate, depending on the case.

However, it is important to remember that every right has its limits, and the application of these tests is no exception. It is essential that the implementation of these tests is carried out ethically and respectfully, following principles of reasonableness, proportionality, and confidentiality, ensuring respect for workers’ rights, such as privacy and human dignity. Confidentiality and care in the chain of custody of the test results are also essential considerations.

It is advisable for employers to be adequately informed about applicable doping tests and, if possible, employers should hire specialized professionals for their execution to ensure that the tests are performed with the highest precision and professionalism possible.

Although Costa Rican legislation is entirely silent regarding the protocol to be followed when applying these tests, competent judicial authorities, such as the Second Chamber of the Supreme Court of Justice, have established certain guidelines and fundamental principles that must be followed and respected, such as:

• Worker safety.
• Worker consent.
• Confidentiality and chain of custody.
• Accuracy of the test.

At this point, it is essential to answer the primary question: If the test is positive, can the worker be immediately dismissed? The answer is no. According to the International Labour Organization (ILO), both alcoholism and drug addiction are considered diseases, and therefore, upon a first positive result, the employer should suggest to the worker that he/she attend a rehabilitation center and offer support for their recovery. There are exceptions to this rule, so it is important to seek proper advice when in doubt.

The application of doping tests in the workplace is a practice that, while it can be useful for ensuring a safe, healthy, and efficient work environment—protecting not only the worker who may be using substances but also their colleagues, the integrity of facilities and equipment, and the safety of third parties—must be carried out with the utmost respect for the rights and dignity of workers.

It is essential that employers understand and apply the principles of reasonableness, proportionality, confidentiality, and voluntariness in these processes, and have the necessary tools to support workers facing addiction problems, prioritizing their health and rehabilitation before considering disciplinary measures. By adopting a fair and humane approach, a safer and more productive work environment for all can be fostered.

We hope this information is useful to you, and we are available to provide further details if need be.

Marcela Acosta V
Partner and Founder
mav@quatro.legal

Monserrat Serrano
Legal Assistant
mso@quatro.legal

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.