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Substance abuse testing at work – what it means

Introducing a policy for substance abuse testing in the workplace is a challenging task for any organisation, given the potential sensitivities and legal implications, but with careful planning it is achievable. Before an organisation embarks on introducing a testing policy, management need to consider why they need such a system.

Substance abuse in the workplace can mean; alcohol abuse, misusing the types of chemicals found in the workplace, such as solvents or aerosol sprays, abuse of prescribed drugs or abuse of controlled drugs, such as cocaine or cannabis. Given that alcohol is not illegal, workers cannot be penalised automatically for its consumption. What employers can do, however, is introduce levels above which an employee would be considered as impaired as a result of consuming alcoholic liquor. In some occupations there are time exclusions under which employees are not allowed to consume alcoholic drinks within a certain period of time before starting work; a good example of this is airline pilots.

What to consider

An important consideration in terms of a workplace substance abuse policy is the type of problems that such abuse can cause in the working environment. Doing so can help employers identify issues with members of staff before serious problems arise. Misuse of alcohol or drugs can affect the way the individual thinks, resulting in poor concentration or judgment. This may result in diminished workplace performance, even if the abuse takes place outside of work hours. If a member of staff is misusing a substance, he or she could represent a threat to their own health and safety or that of colleagues or the general public.

A well-constructed drugs and alcohol policy should provide advice to staff members who may have substance abuse issues, but should also make clear that disciplinary action is an option. The policy should also make clear that help is available to staff from qualified professionals and list such sources. The policy should be applicable to all members of staff, although testing of those staff members carrying out critical jobs may not apply universally across the organisation. Any distinctions should be made clear and be justifiable. Employees, especially those involved in safety critical operations, may be required to take drug tests as part of pre-employment screening or under random testing following a workplace incident. The policy should make this clear.

Setting up a regime

In terms of how a workplace testing regime might look, tests should be carried out by trained staff only and should be done on a non-invasive basis, which is to say, without having to take a body or blood sample. Typically, a urine sample would be taken, but saliva or hair samples are also options. The testing process should be designed in such a way that it reduces the possibility that they could lead to a false result. For instance, those undertaking the tests would be asked, upfront, if they are on any prescribed medications that could interfere with producing a valid result. Positive tests would need to be confirmed using additional testing and be independently verified using expert reviews. The collection and testing of samples should be carried out to a standard that would be acceptable to a court of law or an employment tribunal.

When it comes to substance abuse testing, once a policy is in place an organisation should review procedures on an intermittent basis to ensure that it is being administered properly and effectively.

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