Workplace drug testing in the UK

Drug testing is to a great extent, common practice in the workplace in many countries outside of the UK - particularly in the US

. Increasingly though companies in the UK are turning to drug testing to make sure that their employees are keeping drug misuse away from the working environment.

Many employers in the UK will have a drugs policy within their employment contracts. This is because as well as causing ill-health (and a resultant loss in working hours), use of illicit drugs can be a serious safety concern. Not only does it affect the productivity and quality of a workers output, it can also leave them incapable of making sensible and safe decisions.

This is of particular concern in sensitive or hazardous areas of work. For example, those operating heavy machinery or driving vehicles have a significant obligation to ensure that their faculties are unimpaired so that every effort can be taken to avoid accidents. Similarly, those in positions of special responsibility such as healthcare workers have a similar responsibility of care to their patients and clients.

In these areas of work, it is not uncommon for employers to choose to implement drug testing. Employers not only have a duty under the Misuse of Drugs Act 1971 to prohibit the production, supply or use of controlled substances on their premises no matter their business - those who employ logistics or transport drivers also have an obligation to ensure their staff are behaving in accordance with the law.

However unlike in the US, employees in the UK must give their consent for drug testing. Often this consent is implicitly given when an employee signs their employment contract, as the grounds for any case where an individual could be drug tested are generally laid out in the occupational health and safety policy.

Asking people to submit to drug testing can often be a sensitive issue. Even the most obliging person can feel threatened when they feel they are under suspicion of wrongdoing, which means that there are two approaches to drug testing - random employee screening or as part of a specific investigation procedure.

In the former approach, drug testing must be genuinely random though; singling out particular employees can be potentially discriminatory, unless their jobs are of a particularly sensitive nature. In the latter approach, employee consent must still be given - but if it is withheld, then an employer will have solid grounds to take disciplinary action, including terminating employment.

Even if drug testing reveals misuse of controlled substances in the workplace though, employers should be careful to take appropriate action. Unless staff have been causing serious risks by working under the influence of such substances, then rather than termination they should be offered support to comply with the company's drugs policy. Whilst failure to change behaviour will unavoidably lead to disciplinary action, the Health and Safety executive maintains that dismissal should not be the first response.

Workplace drug testing in the UK

By: Adam

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