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Posted By Phil Brunton
What is an employer’s legal position with regards to performing spot checks for drugs and alcohol on employees? I am currently involved in writing a policy on Alcohol and Drugs Misuse and any help would be appreciated with this point.
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Posted By Alan Haynes
If its not in their contract - you could have problems
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Posted By Richie Higgins
There is much legislation relating to misuse of Alcohol & drugs:
HSWA, Management Regs, Road Traffic Act, Misuse of Drugs Act & Regs.
However determining and implementing Control measures from the risks is another thing!
Drug & Alcohol testing is a sensitive issue, how and when would you use it? As part of pre selection process? Routinely, randomly, on all or part of the workforce in certain circumstances such as:
- after accidents / incidents
- evidence of drinking / use of drugs
or as a deterent?
If you choose random testing then the issue is how random as the importance is to ensure that employees are available to test, but will likely defeat the object if warnings are given.
How do you propose to test them: Alcohol is the easier, breathalyser kits but drug testing is more complex.
Agreement to this screening must be incorporated into an employees contract. You must also gain written consent from each employee for each test. Always remember medical confidentiallity too. If an employer forces an unwilling employee to take a test, they could resign and claim for constructive dismissal.
Sorry to ramble on, just done a bit of research on the subject for my workplace!
Cheers, Richie
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Posted By James365
My suggestion to you would be to seek advice from employment law specialists as this is an area fraught with difficulties and legal complications.
For example, consider cannabis. It can be detected in the bloodstream for over 6-12 weeks, depending on who you believe. Detection of this in someone who was exposed to it (for want of a better term) 4 weeks ago would see a test failed. However, the person would not, by definition, be in any way incapacitated to do their job, and I understand precedents have been established at law which have affected the employers ability to act in such instances, unless the job being undertaken by the affected employee is "safety critical" (e.g. oil industry, train driver, pharmaceuticals, etc.). That kind of rules out 90% of the working population.
Alcohol and other drugs which pass through the system quickly (e.g. heroin) and have a narcotic effect during this time are not hampered by the same concerns.
I know several clients who have spent an awful lot of money in trying to address these concerns, or in defending Union funded legal actions from employees dismissed for failing drug tests, so the message is take care, and take the advice of specialists in this area.
Good luck.
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Posted By Phil Brunton
Thanks for your help.
Can anyone tell me if they currently undertake these checks and if you notice a change in accident rates or a reduction in drugs and alcohol related incidents at work?
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