Rank: Forum user
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HI Any advice would be appreciated.
We had a visit today from an ex-site employee’s father claiming that a number of our site guys are drug addicts. Although these claims cannot be proved and are currently just hearsay from an individual who is not or has not been employed by us at any time. I am not aware of any drug use on our sites and have never had any such claims brought to me before.
Anyway, our chairman has requested that we investigate the claims.
Question.. Can anybody point me in a direction where I can find out about the legalities of random drug and alcohol testing. Also if anybody can point me towards any other documentation, I would be most grateful.
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Rank: Forum user
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If individuals have been named why don't you undertake testing 'for cause' rather than random as you have reasonable suspicion and this could place both the workwer and their colleagues at a higher level of risk
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Rank: Forum user
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HI David.
Can this be done legally and if so is there any documented legislation or paperwork I can refer to.
Obviously this is a serious allegation and I want to do it by the book with written acops or similar to ensure its done correctly.
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Rank: Forum user
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We have in place a drugs & alchol policy that covers 'for cause' testing and are about to extend this to random (TU agreed) testing - not sure where you stand if not covered by policy but it certainly isn't illegal to do it
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Rank: Super forum user
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Policy or no policy, I recall that the employees contract has to include the ability of the employer to undertake testing, random or otherwise, unless the law allows such testing (certain industries such as rail, air and sea transport).
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Rank: Forum user
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A couple of years ago, a construction principal contractor which we conduct work for decided to introduce random drug & alcohol testing on site. After looking into this carefully, we confirmed that to allow such testing, it must be included within an individuals statement of terms & conditions. Fortunately we have a clause which allows us to amend T&Cs with 30 days notice to staff. We received no objections, therefore this is now a standard term in all staffs T&Cs. So far 3 employees have been tested over the last 2-3 years, all whom passed. Probably more of a HR query in first instance to set up, then H&S to manage on going. Hope this helps.
Pauline
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