Alex Is it legal to test for alcohol in the workplace?
Drug and alcohol testing in the workplace is legal as long as it is administered fairly, however, it is not enforceable by law; you can refuse to partake in a drug or alcohol test. Your employee should not single out individual employees for drug or alcohol testing unless this is justified by the nature of their job.
Can a company single out an employee for drug testing?
Your employee should not single out individual employees for drug or alcohol testing unless this is justified by the nature of their job. They may target individuals if they have reason to believe that there has been a decline in their performance or behaviour due to the misuse of drugs or alcohol.
What happens if an employee is under the influence of alcohol?
Employers have a duty to protect the health and safety of their employees under the Health and Safety at Work Act, including ensuring employees are not under the influence of alcohol or drugs whilst working. If an employer knowingly allows an employee to be in the workplace whilst under the influence of alcohol or drugs, they can be prosecuted.
Can a random drug test be done at work?
These tests must be genuinely random, it is potentially discriminatory to target an individual or group of employees for testing. As long as it is written into the employment contact, a company is able to test all or some of their employees on a random basis. Can you refuse to take a drug or alcohol test at work?
Can a drug test reveal if an employee is drinking at work?
A test in this circumstance may not reveal if the employee is drinking at work, since alcohol remains in an individual’s system for a while and an employer cannot prevent an employee from drinking at home! Therefore, you may still need to obtain other evidence to be able to bring disciplinary action against the employee.
How long does an employer have to wait before conducting an alcohol test?
Employers sometimes wait too long because they are busy doing other things or because they are conducting a factual investigation. But alcohol metabolizes in the human body very quickly, so reasonable suspicion alcohol tests must be conducted within eight hours of the suspicion.
What do you need to know about alcohol testing?
Alcohol screening consists of psychological and behavioral questionnaires. Alcohol testing is a blood, breath or saliva test to detect the quantity of alcohol in the system.
What’s the acceptable blood alcohol level for an office worker?
The acceptable level of blood alcohol in such persons would be a much lower level than that which would be acceptable in an office worker. Now before your start shouting “discrimination”, remember that the circumstances demand the approach.
Is it legal to ask for a drug test at work?
So, if you suspect an employee is using or abusing drugs or alcohol, you can act in accordance with your workplace drug and alcohol policy. It is perfectly legal to request that your employee undergo a drug or alcohol test as long as the parameters are clear in your policy.
What do you need to know about employment drug testing?
Urine tests may be required as part of pre-employment screening or may be conducted randomly by employers, especially for employees in certain occupations.
Do you have to agree to drug and alcohol testing at work?
If your employer wishes to introduce drug and alcohol testing, it must be incorporated in each member of staff’s contract of employment. If you already work for a company when they decided to introduce a drug or alcohol testing policy, you are under no legal obligation to agree to the changes in their terms and conditions of service.
Urine tests may be required as part of pre-employment screening or may be conducted randomly by employers, especially for employees in certain occupations.
Your employee should not single out individual employees for drug or alcohol testing unless this is justified by the nature of their job. They may target individuals if they have reason to believe that there has been a decline in their performance or behaviour due to the misuse of drugs or alcohol.
Can a company randomly test you for alcohol?
Can your employer randomly test you? Yes, random drug or alcohol testing is often implemented in an attempt to deter employees from misusing these substances. These tests must be genuinely random, it is potentially discriminatory to target an individual or group of employees for testing.