Drug Testing in the Workplace

Any company would want to keep the use of drugs outside of the workplace alongside any repercussions of an employee’s misuse outside of the workplace. In addition to causing health problems, drug use can increase the risk of accidents.

However, although drug testing is perfectly legal, it is not enforced by law and any company who may wish to implement a drug testing policy at work must state that in any employment contract or company handbook and an employee would have to consent to undergoing a drugs test should they be asked to do so. Of course, in certain occupations and in some companies, failure to give consent can naturally result in a potential job applicant being turned down for a position.

Introducing a Drug Testing Policy

Normally, a company who implements a drug testing policy would do so in instances where it has grounds to test for drugs because of its occupational health and safety policy. This would usually be set out in an employment contract or company handbook. The policy should state:

• What it is trying to achieve
• How the tests will be conducted
• What sort of disciplinary action might be enforced if a drugs test proves to be positive
• What level of support, if any, would be given to an employee if they failed the test
• How employees can find out more from their health and safety representative

The Nature of the Tests

Drug testing subjects should always be chosen at random or as the result of an accident or incident. In certain companies, testing can be targeted at a particular person(s) if the company feels that there has been a marked decline in a person’s behaviour or work performance and/or they have strong reason to believe that a person has been misusing alcohol or drugs.

Workers could also be targeted if an employer suspects that a worker’s actions could cause an accident. In addition to there being an agreed policy, any drug testing should be carried out under supervised conditions and must respect the dignity of the person being tested who must also have been asked if they are taking any prescribed medication which might interfere with the results.

The Government’s Standpoint

Both the UK government and the Health and Safety Executive (HSE) agree that there should be no need for a widespread increase in the use of workplace drug testing. However, it is often considered necessary in certain jobs where safety and security are of critical importance such as in the armed forces, the financial sector, those who drive public transport, the nuclear industry, the police and the prison service.

The Accuracy of the Results

Drug testing samples should be collected in a tamper proof sealed container and placed under chain of custody which is the legal term for ensuring that the sample’s identity and integrity are guaranteed from the moment of collection to the reporting of the results from an independent laboratory.

Pros and Cons of Drugs Testing

The advantages of drugs testing include benefits for health and safety, efficiency, the welfare of workers and a company’s reputation but on the downside, they can damage relations between the workers and the company and there are also issues surrounding a person’s privacy rights.