Rank: Forum user 
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As a company we have recently started Drug testing our construction site operatives. All the correct paperwork is in place. Signed policy’s, consent forms etc. The issue I have is during random testing on one of our sites, an individual stated when asked, that he is exempt as he is on the Drug register and is prescribed Methadone by his GP, he then produced a letter from his GP regarding his methadone use.
Has anybody come across this before?
My personal opinion is that methadone is still a drug and as such the individual is a risk to himself and or others, but I don’t know the legal implications. Any suggestions??
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Rank: Forum user 
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Interesting Craig.
I was conducting drugs and alcohol testing for and on behalf of my present company. Prior to the drugs and alcohol test of the employees / contractors, I tasked each individual to complete a drugs and alcohol questionnaire which includes admittance in relation to use of prescribed drugs. Conduct the drugs / alcohol test anyway then securely send the urine sample for analysis to a prescribed laboratory. The employees statement that he is exempt from drugs test should be treated with a little suspicion. All well and good if the employee has been prescribed Methadone, but what if the employee has been taking cannabis non prescribed drugs which you will undoubtably pick up on during the urine sample test? One needs to secure a fit for work letter from his GP in relation the the prescibed drugs your employee is taking. It is advised that you tell the employees GP what type of work the individual is reasonably expected to perform during the normal course ofthe employee day to day duties. I recommend that you give the Human Rescources department a heads up on the situation.
I do hope that this helps and good luck
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 1 user thanked Franky for this useful post.
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Rank: Super forum user
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Under the company drug policy, no one should be except from random testing. I had a employee last week , who I suspended from work due to drugs, as he was a high risk to himself and other employees, I would test the employee and send off to the lab, and wait for the results, and I would suspend him as well, as he is not fit for work, but speak to HR
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Rank: Forum user
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Methadone is a synthetic opiate manufactured for use as a painkiller and as substitute for heroin in the treatment of heroin addiction. It has similar effects to heroin but doesn't deliver the same degree of buzz or high as heroin.
Opiates are sedative drugs that depress the nervous system. They slow down body functioning and reduce physical and psychological pain.
A patient who is addicted to heroin will often be prescribed methadone to take instead of heroin and the dose of methadone is gradually reduced over time. This means that the patient can give up heroin avoiding acute withdrawal symptoms.
The key effects of methadone include:
•Reducing physical and psychological pain.
•Feelings of warmth, relaxation and detachment
As this is the definition of methadone, i would surmise that sending him home because he has admitted use would be a definate
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1 user thanked Rob M for this useful post.
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Rank: Forum user
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As far as I'maware being on a prescribed methadone programme should not exempt him from being party to D&A testing as per the Company policy but would definitely get HR input at an early stage. My inclination would be that on the basis of his disclosure, you ask for permission to write to his GP to get the facts on his medication and the likely effects in direct relation to his job highlighting possible problem areas e.g. working at height, working with machinery, driving etc.
In case they try to play the 'Disability Discrimination' card on this one as some do, addictions to drugs and/or alcohol are not automatically covered by the Equality Regulation 2010 although if a physical or mental impairment has been caused through the substance addiction then they may be covered by the Regulations.
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2 users thanked fscott for this useful post.
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Rank: Forum user
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Rank: Super forum user
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https://ico.org.uk/media/for-organisations/documents/1064/the_employment_practices_code.pdf
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Rank: Super forum user
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Firstly I assume that this employee is in defined safety critical work? If not then why exclude him from work he is clearly trying to change his life,,,?
He isn't exempt from testing however there are other requirements of that program,,i,e, attendance at rehabilitation centre...etc
If there is indeed a program in place then agree with the employee to support the program and get HR to meet with rehabilitation case worker so that between you, you can agree that should he fail to meet the program requirements (fall of the wagon, so to speak), then he would be in danger of loosing his job...
...the D&A program is also about changing lifestyle so shouldn't just be used to exclude people from work.
Just a thought....
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2 users thanked stevedm for this useful post.
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Rank: Super forum user 
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When I joined my present employer the HS&E team were carrying out D&A testing, one of my first actions acting as Head of function was to remove the task of carrying out the function from the HS&E team. D&A use has obvious H&S ramifications in the work place but I strongly believe the testing and disciplinary (care) aspect is a company function.
How can a SH&E professsional provide the collaborative 'support' function whilst being perceived as the 'police' by the workforce?
D&A in the workplace is now less a policing concern and more a care function (IMO).
14m in the UK have used or are using cannabis, the UK has Europe's largest number of cocaine users at circa 1m (United Nations report).
Users aren't the 'dregs of society' users are commonly professional persons, white collar workers such as lawyers, doctors, executives etc.
There is a marked difference in being 'under the influence' of drugs or alcohol and testing positive for the same. Cannabis has a long latency in the blood stream (up to 3 months or more dependant on how heavy the use is). Many non-prescribed drugs are illegal and of course that has to be addressed BUT is the employer the right medium to act as the 'police'?
Being under the influence is unacceptable, particularly in a high risk environment such as construction, heavy industry or a driving profession but given the size and scale of use we are talking about a huge cohort here and treatment and education is far more important than policing.
Edited by user 29 January 2019 10:19:40(UTC)
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2 users thanked Clark34486 for this useful post.
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Rank: Super forum user
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Originally Posted by: ForumScreenName 
Discussed last week-http://forum.iosh.co.uk/posts/t127866-CBD-oil "Proper CBD" is not a Controlled Drug but some types of crude Hemp Oil may contain THC and other contaminants that are Controlled Drugs. Some tests may distinguish between them some may not.
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Rank: New forum user
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Originally Posted by: A Kurdziel Originally Posted by: ForumScreenName
Discussed last week-http://forum.iosh.co.uk/posts/t127866-CBD-oil "Proper CBD" is not a Controlled Drug but some types of crude Hemp Oil may contain THC and other contaminants that are Controlled Drugs. Some tests may distinguish between them some may not.
Kurdziel, thank you!
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Rank: New forum user
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Originally Posted by: A Kurdziel Originally Posted by: ForumScreenName
Discussed last week-http://forum.iosh.co.uk/posts/t127866-CBD-oil "Proper CBD" is not a Controlled Drug but some types of crude Hemp Oil may contain THC and other contaminants that are Controlled Drugs. Some tests may distinguish between them some may not.
Kurdziel, thank you!
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Rank: Super forum user
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A poster with the user name ForumScreenName was always going to be dubious.
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