What is the best way to introduce a workplace drugs and alcohol testing policy?
Drugs and alcohol misuse in the workplace may seem a sensitive subject, but with more than a quarter of employers disciplining a member of their workforce for drug and alcohol related abuse in the past two years, it is something more employers should be thinking about.
Before implementing any drug and alcohol testing processes, employers need to ask: “What is the policy of tests trying to achieve?” If drug or alcohol use is going to cause a risk to the health and safety of any employees or others, then it would be worth considering.
Can employers test whomever they want, when they want?
Simply put, no. Employers must ensure that the staff being tested have given their consent. Consent may be given if the requirement for drugs tests is incorporated into the contract of employment and/or the employee handbook that contains a contractual right to test.
Tests must be carried out completely randomly. If certain groups or individuals are approached for testing more often than others, this may leave the company at risk of discrimination claims. The only way this may be permitted is if this would be justified by the nature of the individual or group roles.
Employers should also limit the number of employees that need to be tested.
What should employers be cautious of?
Employers need to be aware that all tests should be carried out strictly in accordance with the instructions accompanying the test kits. Although this may sound like an obvious point, some tests are designed to be simple enough to be carried out by anyone, whereas others require certain training. If an individual carries out the test where they have not been trained, this leaves employers open to criticism.