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Martin#1  
#1 Posted : 18 May 2017 08:35:45(UTC)
Rank: Forum user
Martin#1

I'm revising our current Drug & Alcohol policy and I want to include that our business will undertake random drug and alcohol testing of our operatives and our subcontractors.

Is it as simple as having a suitably qualfied and competent company visit a site and have a random selection of operatives and subcontractors selected for testing, carry out the tests on site and review the results when confirmed and if anyone failed and tested positive it would then become an HR matter with disiplinary measures being taken by the business? 

anish.r.k.  
#2 Posted : 18 May 2017 09:24:27(UTC)
Rank: New forum user
anish.r.k.

Hello Mr Martin,

Consider the local legislation, the approvals of selected company, mode of testing, disciplinary action procedures etc. 

Martin#1  
#3 Posted : 18 May 2017 09:35:03(UTC)
Rank: Forum user
Martin#1

Originally Posted by: anish.r.k. Go to Quoted Post

Hello Mr Martin,

Consider the local legislation, the approvals of selected company, mode of testing, disciplinary action procedures etc. 

What do you mean with local legislation?

We'd review and select a reputible company, the mode of testing would be outlinned in the policy (we wouldnt be taking blood samples), disciplinary action would be agreed by HR and Project Management and disciplinary measures would not necessaryly mean dismisal, the compnay would work with and assist those who had a problem or issue

Alan Haynes  
#4 Posted : 18 May 2017 10:51:34(UTC)
Rank: Super forum user
Alan Haynes

Contractors and sub-contractors - it need to be in the contract that they are required to conform to your standards and testing on drugs.  In their case - removal from site is the only real outcome for anyone that tests positive.

Your own staff -

  • have you consulted on the proposed changes? [staff and Management]
  • you need to have open and proper testing arrangements [suitably qualified specialist?] to do the tests at short notice, if there is cause to think someone has been drinking or taking drugs
  • test MD and Directors first, then set up random testing [shows commitment by the management]
  • have good procedures set up for dealing with 'failures'.

[You could lok at Railway Testing procedures - Google should help]

kevkel  
#5 Posted : 18 May 2017 11:00:46(UTC)
Rank: Super forum user
kevkel

You will also need to give plenty of notice before introducing the policy to allow any potential users time to clear their systems. I believe some drugs take up to a month to pass through the body completely.

A Kurdziel  
#6 Posted : 18 May 2017 11:09:29(UTC)
Rank: Super forum user
A Kurdziel

This has been discussed on the forum many times.

Firstly must be certain that it is needed.  If you run a railway or an airline and are concerned with managing drivers and pilots then you can justify the effort required to run such a programme. If the staff are office based and engaged in low risk activities then it is probably not worth the effort. It is down to you to decide if that is the case.

Secondly your policy must be robust enough to cope with any scenario. So what happens if someone comes back to work after a trip to Amsterdam and he admits having smoked weed over there but that this was days ago  and he is not effected in any way now but still comes up positive.

Or someone simply denies flat out that he indulged or says that it is a cross reaction with a medicine he is taking and that he is willing to go to a tribunal and have your drug testing company  examined to confirm that  test was 100% correct. Most such tests have, even if done exactly according to standard protocols, a level of error.

Thirdly, who do you test the guys on the shop floor but not the managers. Is that unfair?

UncleFester  
#7 Posted : 18 May 2017 11:25:17(UTC)
Rank: Forum user
UncleFester

There's some useful guidance from these guys here http://www.hallandangus.com/

Martin#1  
#8 Posted : 18 May 2017 12:31:52(UTC)
Rank: Forum user
Martin#1

Originally Posted by: Alan Haynes Go to Quoted Post

Contractors and sub-contractors - it need to be in the contract that they are required to conform to your standards and testing on drugs.  In their case - removal from site is the only real outcome for anyone that tests positive.

Your own staff -

  • have you consulted on the proposed changes? [staff and Management]
  • you need to have open and proper testing arrangements [suitably qualified specialist?] to do the tests at short notice, if there is cause to think someone has been drinking or taking drugs
  • test MD and Directors first, then set up random testing [shows commitment by the management]
  • have good procedures set up for dealing with 'failures'.

[You could lok at Railway Testing procedures - Google should help]

that is something we'd need to agree on, what would we do if a subcontractor failed and as you say removal from site would be the most likely outcome.

All staff would be informed of the change in policy and we'd give it a few weeks before conducting a random test, we'd need to discuss and agree on a criteria to test

If there was any suspicion of an operative undertaking works whilst under the influence of drugs or alcohol it would be the line managers respnsibility to deal with the operative. Managers training to identify and deal with this sort of situation could prove to be an issue.

Tests would involve both operational staff and project management being selected at random for testing.

Any failures would be managed with the HR department

Martin#1  
#9 Posted : 18 May 2017 12:35:25(UTC)
Rank: Forum user
Martin#1

Originally Posted by: kevkel Go to Quoted Post

You will also need to give plenty of notice before introducing the policy to allow any potential users time to clear their systems. I believe some drugs take up to a month to pass through the body completely.

Employees would be informed of changes to the policy and we'd take a few weeks to arrange and organise testing at a job/project

Martin#1  
#10 Posted : 18 May 2017 12:42:59(UTC)
Rank: Forum user
Martin#1

Originally Posted by: A Kurdziel Go to Quoted Post

This has been discussed on the forum many times.

Firstly must be certain that it is needed.  If you run a railway or an airline and are concerned with managing drivers and pilots then you can justify the effort required to run such a programme. If the staff are office based and engaged in low risk activities then it is probably not worth the effort. It is down to you to decide if that is the case.

Secondly your policy must be robust enough to cope with any scenario. So what happens if someone comes back to work after a trip to Amsterdam and he admits having smoked weed over there but that this was days ago  and he is not effected in any way now but still comes up positive.

Or someone simply denies flat out that he indulged or says that it is a cross reaction with a medicine he is taking and that he is willing to go to a tribunal and have your drug testing company  examined to confirm that  test was 100% correct. Most such tests have, even if done exactly according to standard protocols, a level of error.

Thirdly, who do you test the guys on the shop floor but not the managers. Is that unfair?

We have businesses involved in construction and operatives carrying out safety critical roles. The issue has also been raised following audits, PQQ's and tenders which are all driving the need for change in our current policy.

As you say the policy would need to be robust to deal with all scenarios, HR would be involved with any actions taken following a failed test. If an individual questioned the results this would then be passed to the tester to ensure that the test was carried out properly and the testing standards would be referenced in the policy.

As stated earlier, tests would be conducted on management and operational employees.

 

Martin#1  
#11 Posted : 18 May 2017 12:47:14(UTC)
Rank: Forum user
Martin#1

Originally Posted by: UncleFester Go to Quoted Post

There's some useful guidance from these guys here http://www.hallandangus.com/

thanks for the info, I'll have a look at this 

Stern  
#12 Posted : 19 May 2017 13:42:03(UTC)
Rank: Super forum user
Stern

Hi,

In my previous employment we would often undertake D&A testing of subcontractors working on our sites as well as our own site management staff. This would involve an external specialist coming to site (PM me if you want their details) who would select 10-12 people at random from the signing in book.

Costs, if i recall correctly, were in the region of £50 per person. However, if somebody provides a "non-negative"  sample on site (you don't use the word "positive" at this stage) then there would be additional "chain of custody" costs as the sample is sent off to be analysed. 

In the interim period (usually 3-4 day) the person was exlcuded from site. If the sample came back negative then they would be allowed back onto site. If it came back positive they were banned from all company sites for 3 months and would then only be allowed back on if they could provide a clean bill of health. Direct staff, if found to have provided a posituive sample, would be dealt with at company level under the company's internal disciplinary policy.

The testing kits they use are, we're told, 99% accurate (hence the need to send off any non-negs to the lab for a 100% answer). However, it should be noted that in 8 years of testing, every "non-negative" sample we ever had on site came back as positive.

Testing method was urine for drugs and breath for alcohol. I would however thnk carefully about how you choose to test for cannabis. The reason i say this is that cannabis can be picked up for weeks, sometimes months, in a urine test and every test would result in at least one or more people being removed from the job for cannabis.

Hand on heart i can say that none of them were ever "stoned" on site and usually just smoked at weekends, parties etc (the Amsterdam stag do was a big one as well!) Unfortuanately a urine test won't give much indication as to when they smoked it, meaning a lot of good guys ended up losing work for a few drags on a joint.

At the time i pushed for saliva tests, which we were told had a "range" of around 24-48hrs, rather than several weeks. This way anybody who had smoked it recently would still be picked up, but those who had smoked at a party, stag do the week before wouldn't.

There was of course an additional cost per person for the saliva tests. However, when this was weighed up against the reduced number of non-negative samples and associaited "chain of custody" costs, the overall increase was negligible. 

Hope this helps!

Martin#1  
#13 Posted : 22 May 2017 08:02:48(UTC)
Rank: Forum user
Martin#1

Originally Posted by: Stern Go to Quoted Post

Hi,

In my previous employment we would often undertake D&A testing of subcontractors working on our sites as well as our own site management staff. This would involve an external specialist coming to site (PM me if you want their details) who would select 10-12 people at random from the signing in book.

Costs, if i recall correctly, were in the region of £50 per person. However, if somebody provides a "non-negative"  sample on site (you don't use the word "positive" at this stage) then there would be additional "chain of custody" costs as the sample is sent off to be analysed. 

In the interim period (usually 3-4 day) the person was exlcuded from site. If the sample came back negative then they would be allowed back onto site. If it came back positive they were banned from all company sites for 3 months and would then only be allowed back on if they could provide a clean bill of health. Direct staff, if found to have provided a posituive sample, would be dealt with at company level under the company's internal disciplinary policy.

The testing kits they use are, we're told, 99% accurate (hence the need to send off any non-negs to the lab for a 100% answer). However, it should be noted that in 8 years of testing, every "non-negative" sample we ever had on site came back as positive.

Testing method was urine for drugs and breath for alcohol. I would however thnk carefully about how you choose to test for cannabis. The reason i say this is that cannabis can be picked up for weeks, sometimes months, in a urine test and every test would result in at least one or more people being removed from the job for cannabis.

Hand on heart i can say that none of them were ever "stoned" on site and usually just smoked at weekends, parties etc (the Amsterdam stag do was a big one as well!) Unfortuanately a urine test won't give much indication as to when they smoked it, meaning a lot of good guys ended up losing work for a few drags on a joint.

At the time i pushed for saliva tests, which we were told had a "range" of around 24-48hrs, rather than several weeks. This way anybody who had smoked it recently would still be picked up, but those who had smoked at a party, stag do the week before wouldn't.

There was of course an additional cost per person for the saliva tests. However, when this was weighed up against the reduced number of non-negative samples and associaited "chain of custody" costs, the overall increase was negligible. 

Hope this helps!

Stern thanks for posting this, very helpful indeed and very much appreciated. 

A Kurdziel  
#14 Posted : 22 May 2017 09:39:51(UTC)
Rank: Super forum user
A Kurdziel

What this line:

Originally Posted by: Stern Go to Quoted Post

Hand on heart i can say that none of them were ever "stoned" on site and usually just smoked at weekends, parties etc (the Amsterdam stag do was a big one as well!) Unfortunately a urine test won't give much indication as to when they smoked it, meaning a lot of good guys ended up losing work for a few drags on a joint

-means that innocent people were excluded from your site as the only justification for excluding people from your site was that they posed a danger to themselves and to others while working with certain plant and equipment.  Employer should not be life style police especially if the activities took place somewhere where the activity is not illegal.  Dodgy ground.

Stern  
#15 Posted : 22 May 2017 10:17:45(UTC)
Rank: Super forum user
Stern

Originally Posted by: A Kurdziel Go to Quoted Post

What this line:

Originally Posted by: Stern Go to Quoted Post

Hand on heart i can say that none of them were ever "stoned" on site and usually just smoked at weekends, parties etc (the Amsterdam stag do was a big one as well!) Unfortunately a urine test won't give much indication as to when they smoked it, meaning a lot of good guys ended up losing work for a few drags on a joint

-means that innocent people were excluded from your site as the only justification for excluding people from your site was that they posed a danger to themselves and to others while working with certain plant and equipment.  Employer should not be life style police especially if the activities took place somewhere where the activity is not illegal.  Dodgy ground.

I agree it was always a sensitive area, hence my wish to try and improve things. 

With alcohol if you fail a breath test then you are still, to some extent, under the effect of it. However, with urine testing for cannabis, you could have last smoked it a month ago (and therefore obviously NOT still be under the effect of it) but could still fail.

Of course, if someone is under the influence of cannabis on site then they obviously pose a risk to themselves and others (just like someone under the influence of alcohol would). However, the urine test is not an effective way of seeing if someone is under the influence of cannabis, it will only tell ou that they have smoked it sometime in past X number of weeks/months.

Saliva testing for cannabis is much more akin to breath testing for alcohol in that it will show if you've taken it recently (in say the past 24hrs) which, from a H&S point of view, is much more useful and gives much firmer grounds (legally and morally) to remove people from the workplace.

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