If you’re considering implementing workplace drugs testing, you need to be sure you’re up to speed on the legal implications of this task. While you do have a duty of protection and ensuring safety in the workplace, you can’t force a staff member to take a test.
At OHBM we can help guide you the drug testing process, whether this is something you’ve done before or you’re new to the process. Watch our video above for further information and contact the team today.
As an employer it can be difficult to decipher the law on drug testing at work. In fact, in the UK the law if drugs-testing can be very unclear according to the TUC, because an individual can’t be charged simply because they have tested positive after a drugs test.
In the workplace however, employers have to abide by Health and Safety legislation. This means they have a duty of protection for safety in the workplace, according to the Health and Safety at Work Act. This piece of workplace law includes making sure staff members aren’t working under the influence of either drugs or alcohol.
When is drug-testing a necessity?
Workplace drugs testing is required in workplaces where the effects of drug and alcohol have the potential to cause safety risks. Employers have a legal responsibility to look after staff at work, as far as is reasonably possible.
When an employer decides to test for drugs they will need employees to agree to being tested. It should be restricted only to employees that need to be tested to mitigate risk. While it is illegal to force an individual to provide samples (including urine, hair, blood or saliva) for testing or any other purpose, refusal may be grounds for dismissal at work. This is the case only where the staff member has a contractual obligation to do so.
OHBM drug screening services
At OHBM we provide professional drug-testing services and can help you navigate the legislation associated with screening. Our services include support with writing your own policy, drug and alcohol testing, and a 24-hour call-out drug-testing service within two hours.
We can also provide after-care services such as fast-track to specialist drug and alcohol rehabilitation.
For further information talk to our team. Whether you need a testing service imminently or are concerned about how to deal with a potential problem we’re more than happy to help.