As the misuse of alcohol and drugs becomes of increasing concern in society, the issue of substance misuse by employees is also assuming greater importance. Today, there are legal obligations to provide employees with a safe working environment. An effective drug and alcohol policy will contain measures both to identify and to deter the use of prohibited substances by means of a suitable testing programme which, will help to create and maintain this environment

Under current legislation, employers have a duty of care to their employees. Under the Management of Health & Safety at Work Regulations 1992, an employer could be prosecuted if they knowingly allow employees to continue working if affected by alcohol or drugs.

A drug-testing programme is straightforward to implement but requires careful attention to detail. It must be seen to be fair and reasonable; two important considerations when the actions taken based on the findings can be appealed in an Industrial Tribunal of Court of Law.

When implementing a drug testing programme, organisations must remember that the majority of their employees will not be misusing drugs and must be treated with due respect. Organisations must also be prepared for challenges to positive results. To protect all individuals and provide fully defensible results, testing should be carried out by proven analytical methods in an experienced laboratory that is properly accredited by a body such as UKAS.

Policy

Before any testing for alcohol and drugs can take place, it is essential to have a substance abuse policy in place. A programme of testing can subsequently be used to support this policy.

Types of Testing

Pre-employment Testing is usually carried out as part of the employee selection process.

Potential employees are informed in advance that the drug and alcohol screening will be carried out as part of the recruitment process. This acts as a clear indication of an employer's policy and a deterrent to drug use from the start of employment (as well as an intelligence test!). At this stage job applicants are not employees so, as long as testing is applied in an even-handed way, with no suspicion of bias, it can be rapidly introduced as part of the recruitment process.

Random Testing involves the unannounced testing of randomly selected employees. The requirement to submit to this type of testing usually forms part of an employee's contract of employment. For existing employees, this will therefore require negotiation with staff representatives to agree how the process is to be applied, with particular emphasis on what action is to be taken in response to any positive findings.

For-Cause Testing is carried out following an incident, accident or 'near-miss'. Results from such testing can then be used as part of any subsequent investigation. For existing employees, the introduction of for-cause testing also represents a change to existing contractual terms, and will therefore need to be negotiated with staff representatives. The sooner after an incident that a 'for-cause' sample can be collected the better, in order to get the best possible indication of the presence of drugs or alcohol, and to avoid donors being detained for long periods awaiting sample collection.

Employee Education, Employer Training

It is important that a comprehensive training and education programme is used to communicate details of a company drug and alcohol policy to employees before introduction; indeed such communication of a change in policy is a legal requirement.

Trade Unions are generally more supportive of the policy if open and comprehensive training of employees takes place.

Information literature and employee awareness presentations are all available.

Collection Services

The collection of samples can be carried out using in-house occupational health staff. However NIVHA provides a professional collection service, using fully trained staff.

Chain-of Custody

The testing of an individual for alcohol or drugs may involve the laboratory analysis of a urine or saliva sample. Because it is essential that analytical results are attributed to the person who donated the sample, strict chain-of-custody procedures must be used. The procedures used by NIVHA adhere to these principles, ensuring total confidence in the integrity of the process.

Advice and Counselling

Advice and Counselling should be part of a substance misuse (drug and alcohol) policy.

Most company policies can accommodate employees who are identified as having a drug or alcohol problem or who come seeking help.

NIVHA can provide expert counselling and rehabilitation services for employees.
These services are confidential and operate to established professional guidelines.

Medical Review

The medical review process is an important part of the drug testing procedure. It is carried out by an occupational physician (MRO) who independently assesses the laboratory results alongside with other available information. A positive alcohol or drugs report cannot be issued without MRO involvement.

Mobile Testing Unit

NIVHA can provide a mobile testing unit which can be used for company medical examinations or urine sample collections.

Services

NIVHA provides a full range of services including pre-employment testing, promotion/transfer testing, random testing, monitoring and ‘for-cause’ testing. Expert forensic toxicologists are available to assist with the interpretation of results. Full medical review service (MRO) and sample collection staff can also be provided if required.

For companies which retain their own in-house occupational health staff, we can provide drug testing kits, training services and procedure advice.