Drink and Drug testing at work

Drink and Drug testing at work

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austina35

Original Poster:

365 posts

59 months

Sunday 30th April 2023
quotequote all
They have introduced drink and drug testing at work within the last few months at work. It's random across the whole company.

Last week they tested 10 people at random. 4 were positive for drugs and were sent home. A 3rd party did the testing.

The 4 who were positive, had to return in 24 hours to be tested again. This was carried out by 2 management the 2nd time around. I'm not sure of these results.

First point is, is this right that management can do this when not really qualified?

Those that were positive, haven't been penalised as far as I know. Surely this would account for gross misconduct?

MBBlat

1,838 posts

156 months

Sunday 30th April 2023
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My understanding is that the drugs tests used can also give false positives to some over the counter flu/cold medicines, thus a second test is required before any action is taken.

Jasandjules

70,505 posts

236 months

Sunday 30th April 2023
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There would be an argument to be made that the second test was not correctly applied. Why are managers doing medical tests ?

Gross Misconduct? Generally I would say yes it would qualify, subject to the job, impact etc i.e. having 0.000000mg alchohol - should be ok...... Having heroin, not so much...

Evanivitch

22,075 posts

129 months

Sunday 30th April 2023
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Of there's any concerns about incorrect tests or contamination then they have the right to take an independent test in most cases, but would have to be quickly to reduce the opportunity for any counter points.

Depending on role could mean you are dismissed. I don't believe any company has a blanket drugs policy that effects all roles, though some may use it for employment screening. Usually the concern is safety with machinery and vulnerable persons. If you're a pen pusher then as long as you do your job in the hours required WGAF?

descentia

232 posts

142 months

Sunday 30th April 2023
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Depends on the job really. I wouldn't be too impressed to see the bus driver sitting with a can of lager in the cup holder.

-Cappo-

19,913 posts

210 months

Sunday 30th April 2023
quotequote all
I know someone who runs his own company and they state in the contracts and employee handbook that random drug tests will be carried out. Those are, and in the past employees used to test positive and be fired. The message has somewhat got through now and there's a lot less of it. They also have a policy of drug testing before a job offer is made and you'd be surprised how many people pass the interview and then when this is mentioned, they say "nah thanks, I'm off".

Many of his employees drive company vehicles and all of them are frequently on customer premises, so there's no leeway on this.

Rick101

7,015 posts

157 months

Sunday 30th April 2023
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Evanivitch said:
I don't believe any company has a blanket drugs policy that effects all roles, though some may use it for employment screening. Usually the concern is safety with machinery and vulnerable persons. If you're a pen pusher then as long as you do your job in the hours required WGAF?
My company (Rail) does, and it does affect ALL roles.
Doesn't matter if you're a 'pen pusher'. Just because you're behind a desk doesn't mean you can't kill someone.

FYI our LEGAL alcohol limit is 13mg iirc. Possibly 12, haven't checked in a while.
The safest limit is zero and that's what I and many others go with.

Edited by Rick101 on Sunday 30th April 13:59

Evanivitch

22,075 posts

129 months

Sunday 30th April 2023
quotequote all
Rick101 said:
Evanivitch said:
I don't believe any company has a blanket drugs policy that effects all roles, though some may use it for employment screening. Usually the concern is safety with machinery and vulnerable persons. If you're a pen pusher then as long as you do your job in the hours required WGAF?
My company (Rail) does, and it does affect ALL roles.
Doesn't matter if you're a 'pen pusher'. Just because you're behind a desk doesn't mean you can't kill someone.

FYI our LEGAL limit is 13mg iirc. Possibly 12, haven't checked in a while.
So everyone records working hours and rest hours too then?

Rick101

7,015 posts

157 months

Sunday 30th April 2023
quotequote all
Not sure how that is relevant to Drugs and Alcohol policy.

Personally yes, my working and rest hours are recorded.

Evanivitch

22,075 posts

129 months

Sunday 30th April 2023
quotequote all
Rick101 said:
Not sure how that is relevant to Drugs and Alcohol policy.

Personally yes, my working and rest hours are recorded.
As a driver or as a pen pusher?

Fatigue is relevant to safety, and already has government rules readily available.

https://www.google.com/url?sa=t&source=web&amp...

Rick101

7,015 posts

157 months

Sunday 30th April 2023
quotequote all
I'm not sure what you're talking about tbh. Are you sure you haven't been on the sauce!

If you have a specific question about how D&A policy works in my industry, I'll try and answer.

shirt

23,474 posts

208 months

Sunday 30th April 2023
quotequote all
austina35 said:
They have introduced drink and drug testing at work within the last few months at work. It's random across the whole company.

Last week they tested 10 people at random. 4 were positive for drugs and were sent home. A 3rd party did the testing.

The 4 who were positive, had to return in 24 hours to be tested again. This was carried out by 2 management the 2nd time around. I'm not sure of these results.

First point is, is this right that management can do this when not really qualified?

Those that were positive, haven't been penalised as far as I know. Surely this would account for gross misconduct?
I’m not in UK and in no way qualified to provide a comprehensive answer, so with that caveat:

The introduction of drug testing legally requires written employee consent (usually incorporated into change of contractual conditions).

The d&a policy should detail testing procedure and outputs. Yes the staff should be trained to take samples / swabs and then in the use of onsite test facilities. Offsite testing has to be performed at accredited labs.

Rick101

7,015 posts

157 months

Sunday 30th April 2023
quotequote all
Correct procedure not being followed would certainly be grounds for an appeal but from what you said there has been no action taken so nothing to appeal.

djc206

12,756 posts

132 months

Sunday 30th April 2023
quotequote all
Rick101 said:
My company (Rail) does, and it does affect ALL roles.
Doesn't matter if you're a 'pen pusher'. Just because you're behind a desk doesn't mean you can't kill someone.

FYI our LEGAL alcohol limit is 13mg iirc. Possibly 12, haven't checked in a while.
The safest limit is zero and that's what I and many others go with.

Edited by Rick101 on Sunday 30th April 13:59
Railways and transport safety act? Roughly a quarter of the drink drive limit. 9µg in breath, 20mg blood, 27mg urine.

I work in aviation. Our workforce is essentially split with some at the fore mentioned limit and all others covered at the equivalent of the Scottish drink drive limit based on nature of role.

Caddyshack

11,836 posts

213 months

Sunday 30th April 2023
quotequote all
djc206 said:
Rick101 said:
My company (Rail) does, and it does affect ALL roles.
Doesn't matter if you're a 'pen pusher'. Just because you're behind a desk doesn't mean you can't kill someone.

FYI our LEGAL alcohol limit is 13mg iirc. Possibly 12, haven't checked in a while.
The safest limit is zero and that's what I and many others go with.

Edited by Rick101 on Sunday 30th April 13:59
Railways and transport safety act? Roughly a quarter of the drink drive limit. 9µg in breath, 20mg blood, 27mg urine.

I work in aviation. Our workforce is essentially split with some at the fore mentioned limit and all others covered at the equivalent of the Scottish drink drive limit based on nature of role.
Wasn’t Lemsip a banned medicine in aviation?

djc206

12,756 posts

132 months

Sunday 30th April 2023
quotequote all
Caddyshack said:
Wasn’t Lemsip a banned medicine in aviation?
It may have been, I couldn’t say without checking. I do know many over the counter medicines including some antihistamines are an issue which sucks for people with bad hayfever.

We have access to a list of medications that we can and can’t take with any relevant time constraints and anything not listed we need to email our in house Dr to check.

and31

3,570 posts

134 months

Sunday 30th April 2023
quotequote all
I failed a drug test at work last year-I tested positive for opiates!!
No I don’t take heroin,but it was either my hayfever tablets or the fact I’d been eating poppy seeded rolls(yes seriously!)
My sample was sent to a lab and I was given the all clear-it was super embarrassing at the time thoughlaugh

Mr_J

430 posts

54 months

Sunday 30th April 2023
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It's not that hard to be competent to administer a drug and alcohol test. In a previous life we used to send our Site Agents on a course to be able to manage testing on their own sites.

You certainly do not need to be medically qualified. It's all about following a process. If you've ever taken a test at work, you'll understand.

the-norseman

13,411 posts

178 months

Monday 1st May 2023
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Like Rick above I also work for the same company and yes its a company wide rule. And yes our hours are recorded.

Voldemort

6,587 posts

285 months

Monday 1st May 2023
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I consulted for a large trade warehouse group and the reason they didn't drug test staff was because they knew they would have no staff left...