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The Catalan Data Protection Authority (APDCAT) endorses that the company carries out blood alcohol and narcotic substance tests on staff in charge of specific driving tasks or related to railway traffic safety, at the beginning and during the working day.
In an opinion published in response to a query made by a public transport company, the APDCAT determines that the processing of health data of personnel in charge of this type of tasks is, in this case, legally authorized by the General Regulation of data protection in relation to railway legislation.
With regard to the staff who perform these functions in the transport services of the bus network or the cable car, the opinion recalls that data protection regulations do not prevent periodic controls of the consumption of the aforementioned substances, as long as and when established justifiably the occupational risk prevention service, taking into account that it may constitute a risk for the rest of the staff or for third parties.
Likewise, the opinion concludes that this data processing must be carried out by health personnel with technical competence, training and accredited capacity.
In response to a query made by a public transport company, the Catalan Data Protection Authority determines in an opinion that the data protection regulations enable blood alcohol and narcotic substance checks at the beginning or during the working day to staff who carry out driving or railway safety tasks.