Drug Testing For Professional Drivers in Brazil

Enacted in the beginning of 2015, Law 13,103 introduced new rights and rules for professional drivers, including a drug testing requirement. In November 2015 the Ministry of Labour and Employment issued rules on drug testing, which will come into force in March 2016.

According to the new rules, all professional drivers involved in road passenger transport and road cargo transport must undergo drug testing. Drug tests must be performed both before hiring and on termination. In addition, tests must be able to detect any psychoactive substance consumed at least 90 days before the date of examination. Under the law, employers can set out a drug testing policy, provided that employees have free access to its content and that it does not conflict with labour and employment laws. The Ministry of Labour and Employment has imposed these restrictions in order to preserve employees' privacy. Drug testing may help employers and employees to avoid labour accidents and identify and provide adequate treatment for drug-addicted employees. Employees who refuse to undergo drug testing may be dismissed with cause.