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– We receive layoff cases regularly, but I have not come across cases before where employees have been laid off because they have not had a hair test. This is a special case for those affected, says LO attorney Katrine Rygh Monsen.
He assists two members of Fellesforbundet, who have sued their former employer, the Cermaq fish farming company.
After an external alert for drug abuse, Cermaq decided to rust its employees at Alta. Two employees who tested negative for their urine sample were asked to submit a hair sample shortly thereafter.
When they didn’t, they were fired.
The case was first known through the Facebook page of LO’s lawyers, as well as Altaposten.
According to Rygh Monsen, the two employees believed that re-testing was neither necessary nor desirable.
– We believe it was neither factual nor proportionate to require a hair sample when a negative urine sample was taken early, he says.
Additionally, employees were skeptical about taking a new test, due to the way the previous test results were handled.
LO’s attorney, Katrine Rygh Monsen, criticizes the basis for the firing and the company’s handling of confidential personal information.
Photo: Sissel M. Rasmussen
The results were open
The test results must have been read to the individual, when several colleagues were present.
– It was quite a stressful and unpleasant situation, explains lawyer Rygh Monsen, who has been in contact with shop stewards and other employees who have reacted.
– Also, the test results were simply thrown into a trash can that was open to everyone. The test results with people’s names were available for several days before the trash was emptied.
The lawyer believes this is a serious violation of employee privacy, and LO has complained to Cermaq to the Norwegian Data Protection Authority for his handling of sensitive personal data.
– This is a company that will probably have rust tests from time to time. Therefore, they have to clean up this practice.
Illustration photo. All Cermaq employees in Alta had to undergo a rust test on a urine sample; some were also asked to submit a hair sample. In hindsight, several have reacted to the handling of test results.
Photo: Colourbox
For mediation
The drug abuse report that started the entire round of testing must have specifically targeted the two employees who were asked to take hair samples after the urine sample.
One is said to have offered to take a hair sample at his GP, while the other was so short-cut that such a sample was practically not possible.
When the employer did not test, the two were fired.
– In my opinion, there is no basis for dismissal when a hair sample is not taken, says Rygh Monsen.
Therefore, the employees have sued Cermaq in the Alta District Court.
Attorney Rygh Monsen says the parties will initially go to mediation in January of next year.
– We hope that the case finds its solution. Otherwise, there will be a trial, probably before Easter.
Strict drug policy
– What I can confirm is that we have two cases of staff that refer to violations of our drug policy, says the director of human resources at Cermaq Norway, Kristin Hurum.
Beyond this, the company does not want to comment on LO’s attorney’s allegations.
– We do not want to comment on personnel matters for the sake of the privacy of the interested parties. We also do not want to go out to give details about this case that is going to court.
Hurum says that employee safety is Cermaq’s top priority and therefore they have zero tolerance for drug policy violations.
– The aquaculture industry is an incredibly demanding profession. You have to handle cranes, boats and also be responsible for many other people in a locality. That is why we are very close to our drug policy.
The human resources director says the company cannot comment on the complaint about privacy violations either.
– We have not received any information that has been communicated to us by the Norwegian Data Protection Authority.
Kristin Hurum, Cermaq Norway’s director of human resources, says that their substance abuse policy applies to all parts of the business across the country.
Photo: Cermaq
Intervening with rust test
The Data Inspectorate confirms to NRK that they have received an inquiry from LO, but it is too early for them to say anything about the additional procedures and consequences in this case.
– In general, we can say that infringements of privacy regulations can be sanctioned by the Norwegian Data Protection Authority. For example, with an order to change routines, or ultimately a violation fee, says senior legal counsel Ida Småge Breidablikk.
She further says that the Data Inspectorate often receives inquiries about privacy in working life, but it is rarer with complaints about rust testing.
– We understand that employees in such cases are concerned that regulations are followed. It is often perceived as an intrusive measure to have to present a rust test to the employer.
