Why has drug testing become so important in the workplace?
In general, the term drug refers to a chemical substance introduced into the human body that affects both the body and the mind. Motor skills, sensory skills, and thought patterns are affected because the drug modifies the normal interaction of chemicals in and around muscle, nerve, and brain cells. Quite often, after the effects of the drug have abated, there is an obvious and pronounced withdrawal stage where motor skills and thought patterns again change dramatically while the body naturally re-balances its chemistry.
It has been proven in numerous studies that a person affected by a drug presents an adverse risk to him or herself, their workmates, and property.
Whether the drug is legal or not, none of these physical or mental effects are desirable in the workplace.
Targeted testing
To reduce the risk that a drug-using employee will cause injury or property damage in the workplace, more and more UK employers have instituted a drug-testing programme.
Targeted testing may either be random or for a particular cause and must be carried out within the terms and conditions of the contract of employment and the employer's health and safety policy. Specifically, random should be genuinely random and for cause must be within pre-defined parameters and well documented.
Testing may be carried out in various ways and the circumstances that initiate the testing vary according to the perceived risk to human safety or property damage. In any case, the testing programme must be defined in advance and included in the applicable employment contract to ensure that all processes and practices are morally and legally acceptable.
Typically, the following drugs are of concern to the employer:
- Amphetamines
- Barbiturates
- Benzodiazepines
- Buprenorphine
- Cannabis (including synthetics)
- Cocaine
- Methadone
- Methaqualone
- Opiates (codeine, morphine, heroin, and synthetics)
- Phencyclidine (PCP)
- Propoxyphene
- Tricyclic antidepressants
In the testing process, a biological sample is acquired (urine, breath, sweat, blood, hair) and tested onsite or sent to a laboratory. If the initial test appears to be positive, a confirmation test is made. If the confirmatory test is positive, a medical physician reviews the results and normally interviews the subject to determine if there is a legitimate reason that the drug is in their system, such as a medication prescribed by a doctor. Results are reported to the employer and handled in accordance with the employment contract.
Rights to refuse
The employee has the right to refuse to submit to the testing process. However, the contract of employment often prescribes that the employer has the right to sack the employee, or to initiate other discipline measures, for refusing to comply with the programme.
Employee's right of appeal
The employee typically has the right to appeal the results and/or application of the results under the terms of the employment contract. If an employee has serious questions about a disciplinary action, a solicitor should be consulted.
Employer's power to dismiss
The employer has the right to dismiss an employee for failing a drug test if so stated in the employment contract.
Employee drug test services are readily available in the UK.