How to write an alcohol and drug policy that holds up legally

An alcohol and drug policy is not a form you copy from a competitor's website. It is a legal cornerstone that will be tested in every conversation with the trade union, in every conflict with an employee and in every incident. This guide goes through what actually needs to be included. For broader background on whether you are allowed to test at all, read our guide on the employer's right to drug test.

Step 1: Purpose and legal basis

Start by explaining why the policy exists. Link it to the Swedish Work Environment Act (Arbetsmiljölagen), Chapter 3, Section 2 and your specific risk situation (safety-critical work, client requirements, etc.). Be concrete. "Because our employees drive vehicles..." is better than "Because health is important..."

Step 2: Definitions

Be crystal clear about what is meant by:

• Drug – controlled substances under the Swedish Narcotic Drugs Criminal Act (Narkotikastrafflagen), as well as non-prescribed medicines
• Alcohol – ethanol; specify whether the limit is 0.0 per mille or 0.2
• Impairment – include "residual impairment" so that evening use affecting the next morning does not end up in a grey area
• Working time – includes the workplace, on-call duty, business travel and client entertainment

Step 3: Rules and expectations

Specify zero tolerance or limit values, rules on prescription medicines that affect the ability to work, and the obligation to inform the immediate manager of such medication.

Step 4: Testing procedures

Describe when tests may be carried out: on recruitment, as random checks, on suspicion, or after an incident. Specify which sample types are used – compare saliva vs urine – and how selection takes place. The more transparent, the easier compliance becomes – and the harder it is for a union counterpart to argue arbitrariness.

Step 5: Consequences and rehabilitation

Be clear about the consequences of a positive test, but balance them against your rehabilitation responsibility. The Labour Court takes a serious view of employers who go straight to dismissal without offering support. A typical wording: confirmed positive test → immediate suspension from safety-critical work → rehabilitation assessment → structured return-to-work programme with follow-up tests. Our guide on an action plan for a positive drug test goes through the process in detail.

Step 6: Confidentiality and GDPR

Describe how test results are handled: who may see them, how long they are stored, and how the employee's rights under the GDPR are met. Refer to the company's record of processing activities. See our GDPR guide to drug testing for the legal basis and rights.

Step 7: Embedding the policy

The policy must be negotiated under the Co-Determination Act (MBL), communicated to all employees and raised in every onboarding conversation. It must not be hidden away on an intranet – it should be a living document. In certain industries – e.g. construction and transport – embedding it is particularly important because client requirements and safety legislation make the policy business-critical.

Common pitfalls

• Unclear definition of "drug" that does not cover NPS or medicines
• No MBL negotiation
• Consequences that are disproportionate or unbalanced
• No rehabilitation procedure – the Labour Court takes a serious view of this
• No communication plan, so employees first discover the policy when an incident occurs

Downloadable template

Provsvaret's policy template for Swedish workplaces can be downloaded from our downloads page. It covers all seven steps above and has been reviewed by an employment lawyer. We strongly recommend that you adapt it to your particular organisation before implementing it. Need support? Book advice on your policy work.