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Posted By Katy Simcox
Hi, I was wondering if anyone out there knew the answer to any of these questions?
If I suspect that one of my employees is under the influence of drugs or alcohol, according the HSAWA and the Management Regs I can't allow him to continue to work, but would it be reasonable for me to 'test' him?
If I find the evidence of drugs use on my site do I have to inform the Police?
Does anyone have a sample drugs and alcohol policy that they feel they can share with me?
Many thanks
Katy
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Posted By John Ridd
Probably "Teaching my grandmother (no offence intended)to suck eggs" but have you seen the HSE leaflet (downloadable from their website) "Drug Misuse at Work - A guide for employers" (INDG91). This has brief guidance on policy and on what to do if you suspect an employee has a problem.
Also try the Medical Commission on Accident Prevention for their 1995 booklet "Drugs in the Workplace". They are (or were) based at the Royal College of Surgeons, London.
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Posted By Ian Proudfoot
Katy,
We have had similar problems where we have had staff on the premises where we have suspected they have been under the influence. Certainly the HSE's booklet is of benefit. I do not believe that as an employer, you have any rights to conducts any sort of tests (infringements of civil liberties etc) and that only the Police have that power under 'PACE'.
I think that the only stance you could take would be to suspend the employee for that shift and arrange a meeting with your HR dept, advising them on your reasons for suspension. If that person were liable to use a piece of equipment or machinery, it would be considered fair to not let them continue their shift. Hope that this is of some help.
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Posted By Nick Higginson
Katy,
We do test employees who are suspected of being under the influence, as well as employees involved in certain kinds of accidents.
WHat I would say is that any policy involving testing needs to be subject to lengthy consultation with trade unions first.
Regards,
Nick
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Posted By Stephen Hughes
Katy,
I work in the rail industry which is well known for its alcohol and drugs testing programme. If any staff are suspected to be under the influence of drugs or alcohol through smell or actions etc, they are temporarily suspended from duty until a medical officer arrives to complete testing. If tests are positive, they are suspended from duty and await an appeal where a trade union officer will usually attend.
Random testing takes place and there has been past criticism that staff are sometimes given 7-10 days notice of their random test! However traces of many illegal drugs can be usually detected for days and often weeks.
I know that many office based companies are introducing drugs screening of staff due to the growing use of substances such as cocaine amongst white-collar staff. It would be rather naive of me to link specific substances to specific workgroups or social classes, but from discussions with safety colleagues in other industries, there is growing concern about the use of "office recreational drugs."
If you believe that you have a problem, I would consult with your HR department on any employment law/contract issues and introduce a well publicised screening and/or medical programme (Nick's point about consulting any trade unions is very valid), bite the bullet and see what the results are. Be prepared for the sort of minority complaints about human rights and civil liberties, but you will hopefully find that the majority of staff will have no problem or grievance to take.
Good luck, Steve
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Posted By Katy Simcox
Thank you all for your help.
Apparently it is not necessary to report to the Police any drugs found on site (unless you think the ammount is more than you would consider as personal use), however it is an offence under the misuse of drugs act not to take posession and then immediatley distroy them. It isn't a requirement of the law to have a witness to this... though I would strongly recommend it!!! And.... the drugs must be distroyed by the person finding them, they must not be passed to anyone else e.g. a supervisor or manager, as this is deemed as 'supplying'!
Once again thanks for your words
Katy
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Posted By David Martin
I can let you see our policy ( chemical company ). Let me have your e-mail address.
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