RETAIL AND WHOLESALE
Employers hot on the trail
  Employers are increasingly rarely likely to turn a turn a blind eye to drug and alcohol abuse. Even where consumed away from the workplace, the employee may still have the substance in his system. A recent case looked at when dismissal for off-site use is justified and the legality of random testing for the presence of such substances. The employer introduced a policy involving randomly screening 10% of its workforce each year and to summarily dismiss those testing positive.
An employee, whose job including serving hot food, was randomly selected and tested. She was duly dismissed and claimed that such dismissal was unfair. The tribunal was also asked whether random testing is lawful under the Human Rights Act. The tribunal concluded that random testing forming part of the contract of employment was binding on the employee. She had continued to work after the policy was introduced without complaint and it was evident that her duties could be safety critical. The tribunal considered random testing to be an appropriate measure in such a case and the dismissal was considered a reasonable response to the positive finding. The tribunal also decided that random testing is acceptable under the Human Rights Act if it is conducted lawfully and in the public interest.
Points to watch - The tribunal considered it important in reaching its decision that the employee was made fully aware of the policy and knew of the consequences of a positive finding.
It is possible that in certain circumstances charges may be brought against an employer or an employee under either the Misuse of Drugs Act or the Health and Safety at Work Act or both. It would be up to the courts to decide on the circumstances in each case. There is no general duty under the Act to inform the police about any breaches of the Act that you may discover.
Drug Tests maybe controversial but they do work
Workplace drug and alcohol testing (WDT) is a controversial topic. Surely what a person does for recreation is of no business to anyone else? However, the use of excess alcohol or drugs can seriously affect an individual's performance at work, causing reduced reaction times, impaired perception and poor decision-making. British businesses incur massive financial losses every day due to the growing problem of employee drug and alcohol use. Studies have shown that recreational drug use is associated with far-reaching health and safety implications, which should be addressed by law. A drug and alcohol policy in the workplace is about inappropriate use of substances and, in addition to banned substances, should also address prescription drugs and over the counter medicines.
The Facts
A 2001 survey by the CIPD indicated that 60 per cent of companies have alcohol and drugs policies, although there is no definitive national assessment of how many employees are actually tested. Here are the facts:
 Studies prove that employees under the influence of drugs or alcohol are four times more likely to have an accident at work than their colleagues.
The use of excess alcohol or drugs can seriously affect an individual's performance at work, causing reduced reaction times, impaired perception and poor decision-making.
It is the duty of a responsible employer to ensure the safety of their staff at all times - including protecting them from the mistakes of co-workers under the influence of drugs or alcohol. This is explicit in the Health and Safety at Work Act and other workplace legislation.
Recreational misuse of both alcohol and illicit substances has no social, economic or age boundaries.
Research shows that the rate of drug use is increasing.
A survey by Alcohol Concern and the TUC suggests that one in four accidents is caused, and around 40 million working hours lost, through alcohol misuse.
A recent report in The Lancet revealed that 37 per cent of male junior doctors admitted to current use of cannabis, and 14 per cent cocaine, amphetamines, barbiturates, LSD, ecstasy, magic mushrooms or other substances. The figure for women is 12 per cent.
In British businesses where testing takes place, it tends to be applied to all employees in the interests of 'business safety'. This top-to-bottom approach also demonstrates fairness in the system, which is extremely important for credibility and in avoiding 'us and them' confrontations over discrimination.
HOW BIG IS THE PROBLEM?
Levels of drug use across the population in the U.K are now so high that it is inevitable that drugs will effect any workplace, no matter how large or small. A range of organisations have carried out research into the size of the problem for employers:
A study in the Health and Safety Monitor estimated that drug use costs industry in the UK £800 million per year.
A survey of 1800 personnel professionals by the Institute of Personnel and Development found that 18% had reported drug-taking incidents in their workplace.
Between 10% - 15% of the workplace drug tests carried out in the UK are positive (cannabis is the most common drug detected).
A paper in the Journal of Applied Psychology showed that employees who use drugs have approximately 60% higher rates of absenteeism and a 47% higher rate of involuntary termination of employment than other workers.
Signs of drug use in the workplace
Drug use is a very complex issue. It is important to remember that all drugs are different, and affect the user in different ways. They can alter the way a person thinks, perceives and feels, and this can lead to either impaired judgement or concentration.
Drug misuse can also bring about the neglect of general health and wellbeing. This may adversely influence performance at work, even when the misuse takes place outside the workplace. It is important to remember that some of the signs of drug use listed below could be caused by other factors, such as mental illness, stress, or relationship breakdown. Signs of drug use might include:
increased short term sickness and absenteeism
deterioration in relationships with colleagues, customers or management
altered and slow reactions
unusual irritability or aggression
increased workload for colleagues
increased levels of accidents and mistakes
increases in petty theft
Careful record keeping in relation to theft, accidents, and absenteeism in your workplace might reveal recurring patterns in a particular section of the workforce. |
Noviche
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