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Posted By Jim-F can anyone tell me how to introduce for example breath tests against alcohol on site and tests against drug abuse. Clearly there is a human rights issue and a policy would have to be in place. can someone give me a starting point?
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Posted By David O Neill The simplest part of drug and alcohol testing, is the testing.
A variety of testing kits are commercially available, and as long as you adhere to your policy, and the manufacturers instructions, you cannot go wrong.
The problem arises when you get a postive result.
Does this make the person unfit to work? Are you qualified to establish this?
If the testing is not being carried out as part of a pre employment screen, and the subject is already an employee of yours, do you owe a duty of care to provide detox facilities, or counselling, if the drug/alcohol use can be linked to occupational stress (which it inevitably will be).
What happens if the person disputes the validity of the test, and requests that a B sample be tested. Do have a reliable chain of custody? Do you have access to an external tester to verify your result?
My advice is to obtain the services of a reputable Occupational Health Provider, and also write up criteria, with regards to who gets tested, why, and what happens when a positive result occurs.
In addition, you could launch an awareness campaign, highlighting the dangers of illicit drugs use, and excessive alcohol use in relation to safety, and provide a means for people to come forward and seek help.
In Ireland, we are awaiting guidelines from the HSA on all this.
Its a tricky one.
David
Former Occupational Health Advisor
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Posted By AlB Try JMJ Laboratories in Abergavenny (South Wales). They'll provide you with all of the info you need.
Advice:
1. ensure that you need the policy - would being under the influence have any negative effect on the safety of the person or to others, will it have a negative effect on the quality of the work etc. (My guess would be yes).
2. Plan and design a stringent policy, taking into account who you test, when, why andhow.
3. Plan what you will do with positive results, negative results, and what you do with the person in the period between testing and recieving the results (if you need to send samples away). remember, breath test kits are unreliable, and should be backed up by proper testing methods, usually requiring laboratory.
4. How and when will you discipline or terminate the contract of positive results.
5. Will the policy expand to contractors or sub-contractors. If not, is it fair to test your own employees. How will you tackle this?
6. Keep everyone informed. Get buy in from the unions if you have any. Keep the workforce informed.
7. Consider an amnesty or a phasing in period, and allow people to approach you if they have a problem, and then offer them counselling. Bring in the discipline 3 or 6 months later etc.
There's a lot to consider and a lot to plan. treat it as any other Change to the business, and evaluate the risks and returns from the policy.
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