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#1 Posted : 10 December 2008 11:22:00(UTC)
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Posted By edmund barker We are opening up a new civil division were on-site workers(contract) will be carrying out critical work.Can the company have a policy that allows random drugs/alcohol testing.- or will it infringe on human rights? I know that the road traffic act etc have policies in place.
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#2 Posted : 10 December 2008 11:29:00(UTC)
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Posted By Alan Haynes Railways have had such a policy for years - although theirs has a legal basis. You do need to get the workforce/unions 'on side' to make it work properly. You can find guidance in http://www.rgsonline.co....s/GEGN8570%20Iss%201.pdf
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#3 Posted : 10 December 2008 11:37:00(UTC)
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Posted By Steve Skinner Morning Edmund, We as a company have a Drugs and Alchol policy which covers random testing. I dont believe that we have ever used it but it is a good deterrant for those who woul try it on. Steve
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#4 Posted : 10 December 2008 11:45:00(UTC)
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Posted By Paul D You've got to have a good reason for implementing it. As with some companies I deal with they just try and implement it because 'it seems like a good idea and others are doing it'
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#5 Posted : 10 December 2008 11:52:00(UTC)
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Posted By Paul D Some info below from the HSE; The implications of introducing alcohol screening. Agreement to the principle of screening must be incorporated in each member of staff’s contract of employment. For new staff, this is fairly straightforward but existing staff are under no legal obligation to agree to changes in their terms and conditions of service. If an employer tried to force a test on an unwilling employee, the employee could resign and claim ‘constructive dismissal’. In addition to changes to the contract of employment, you should obtain the written consent of the individual for each test. This consent applies only to tests relating specifically to alcohol and to no other substances, condition or disease. Where more extensive testing is required (ie for drug abuse), you should obtain further consent from the employee. Employers should ensure that employees are fully aware of this requirement. Medical confidentiality should be assured - you should only tell managers whether an employee is considered fit or unfit for work. Testing requires the introduction of a ‘chain of custody’ procedure to ensure that samples are actually provided by the person being screened, samples cannot be tampered with, accurate laboratory analysis and interpretation is guaranteed, and appropriate action is taken when a test result is positive. Any laboratory accredited by the National Measurement Accreditation Service (Tel: 020 8943 7140) will have satisfied assessors that it provides a service that meets all criteria.
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#6 Posted : 10 December 2008 15:47:00(UTC)
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Posted By Warren Fothergill Would ensure that within the policy documentation you have the word 'CAUSE' as this implies you have idntified a 'causation' which you believe puts the company at risk, hence the reason for testing. Random is exactly that, but needs to be identified within HR policies or contracts, cause on the other hand is the key to being able to do it e.g. smell alcohol on their breath. Hope all goes well. Waz
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#7 Posted : 10 December 2008 16:06:00(UTC)
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Posted By garyh Written consent for each test? Won't they just refuse? In the past I have seen a refusal treated as a positive (like refusing the breathalyser) and you then get BFH (Bus Fare Home!)
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#8 Posted : 10 December 2008 16:14:00(UTC)
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Posted By Dave Wilson Don't understand why you would have to have a good reason to implement, if someone is at work and is under the influence or high on smack which puts my safety at risk he is infringing my human rights. this would be gross misconduct and should be subject to instant dismissal. Can just see it at an ET - constructive dismissal cos my employer sacked me for being high on smack - don't think so. This is something which should be introduced particularly in safety critical industries.
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#9 Posted : 10 December 2008 16:17:00(UTC)
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Posted By steve e ashton Edmund: Before embarking on the introduction of a D&A testing regime, you may want to read what the Royal College of Nursing have to say on the matter as it affects their members.... http://www.rcn.org.uk/__...le/0008/78650/002520.pdf “The RCN does not support mandatory drug testing for nurses and believes that the implementation of mandatory drug testing for health care workers would have major implications with regard to civil liberties. The RCN's position mirrors the views of the British Medical Association, which is opposed to the drug and alcohol screening of doctors. Mandatory testing, in the opinion of the RCN, tackles only the "symptoms of the problem"; it would not provide for the education or support of health care workers that abuse substances. In addition, today's tests do not guarantee reliable results while "carte blanche'" screening would prove costly in terms of time, equipment, recording and follow-through.” I would classify doctors and nurses as 'safety critical workers'. Additionally, I note that D&A testing only ever looks for illegal substances. Prescription drugs taken legally can often have a far greater impact on the ability of individuals to perform their work safely. In the case of Temazepam for example, my own experience is that users should avoid trying to drive or work (or even stand up) for at least forty eight hours after taking the stuff! Steve
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#10 Posted : 10 December 2008 16:38:00(UTC)
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Posted By Andy Petrie as long as you put it in their contracts then you're ok
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#11 Posted : 10 December 2008 16:54:00(UTC)
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Posted By Dave Wilson I cannot agree here at all, any D&A policy would take this into consideration at the point of the test. Sorry Mrs Smith cut the wrong leg off as I have been drunk for the last 3 days - sorry does not wear with me. was the HRA ever designed for this purpose????? Its gone to far.
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