Advice On Introducing Workplace Drug Testing
The times has published a Q&A on introducing workplace drug testing that provides useful recommendations:
Before any new policy is introduced, you must consult properly with your workers. Clearly advise all employees of the rationale and business purpose behind such a policy. Any concerns raised must be taken seriously.
There should be no problem with random testing providing it is applied reasonably and fairly to all employees. Even when a policy gives the right to test, you will still need to show that you have implemented it reasonably and you have valid grounds for asking an employee to undergo a test. You cannot force an employee to take a test so you may need to treat refusal as grounds for disciplinary action and/or dismissal.
It is unusual for a failure of a drugs or alcohol test to be so serious that it amounts to gross misconduct, although this depends on the circumstances of each case. If the employee’s actions are so serious that the contractual relationship is broken - if, say, your employee has committed an offence that jeopardises the functioning of your business or the safety of your staff and the public – then the employee must be removed from the business and suspended on full pay while an investigation takes place.
If a member of staff fails a drug or alcohol test, you are justified in instigating disciplinary proceedings. You must make sure that the correct procedures are followed and the employee is given every possible opportunity to defend himself.
The DaytaTree Team