In many workplaces, drug testing can occur regularly if a role requires driving, operating machinery or looking after vulnerable people. It’s part and parcel of those roles.
If you’re starting a business that may involve that, then it can be worthwhile putting in place such a system. However, it is important you do so efficiently as it can be complicated and there are a number of different tests that can be implemented, with organisations such as Release, being able to help with this.
When it comes to the basics, however, what do you need to know?
Employees have to agree to be tested
Employees do require to accept drug tests in order to take one. As part of a drug testing policy, employees must accept this whether it be through signing a specific document or it being part of the employee’s contract in which they signed.
If a policy comes in after their contract has been signed, it needs to be taken up separately or added to the contract in which they’ll need to sign again.
This is the most straightforward scenario, and employees will then take drug tests when required freely and happily.
Employees can refuse to be tested
Employees are also well within their rights to refuse a drug test and an employer can’t take any legal action around that. However, naturally this could raise alarm bells and an employer may become suspicious as to why an employee wouldn’t take a drugs test.
When an employee fails a drugs test
Should an employee fail a drugs test then that could lead to a disciplinary process that could lead to an employee being dismissed. If your business has a zero tolerance policy, then it can be classed as “gross misconduct”.
However, should you find a person has failed a drugs test, you may also want to understand the root of the problem and as a business help that person. They may be suffering from addiction and the help and support you offer can help get them back on track. Many businesses these days help fund rehabilitation for drugs for employees as part of their safeguarding, and if you feel they are a particularly valued employee going through a difficult time, then that may be a better option for them.
Not only will this help the employee, but by also having a policy around this it will encourage your employees to speak out about any problems and be a lot more open and honest with the business about any issues they are facing.
