Hello all. Would like info on the correct legal procedures to conduct alcohol tests on employees we suspect on being under the influence and carrying out such tests after an accident / incident. We have the equipment in place and would like info one setting up a procedure that meets our legal requirements as an employer on conducting such tests. We have a strict Drugs & Alcohol policy within the company, but where do we stand on the legalality on using such methods in order to take disciplinary action against offenders.

Thanks AllanFS

Agree in principle with stevel, however when you say 'legal requirement' there are none, except for the Transport and Works Act 1992 which only applies to railway operators. A good D&A policy needs to be robust enough to withstand any potential misunderstandings and can be relied upon at an Employment Tribunal.

Your company policy on D&A use and misuse should cover responsible manager's duties and the process you will use to test, discipline and counselling. This same policy should be circulated to employees so that are fully aware of the policy and procedures therein. You should not test employees for D&A without a robust policy, otherwise it will be fraught with complications.