Drug testing (not me!)

esj13

Today at work (a position I have been in for 3 weeks) I was asked, along with another member of staff, to ask a resident for a urine sample for drug testing. (We work in a care home for ex offenders with all kinds of offences and history etc.)
We asked the service user for the sample, but he said he wasn't ready to go at that time. As per procedure, we asked him to remain in communal areas, so that a false sample could not be given. He complied with this request, although reluctantly. After 20 minutes he decided to go back to his room. I followed and reminded him of the request to stay in communal areas until the sample had been produced. (It is in the policies and licence agreement etc, that they need to provide these samples so legally that is covered.)
He told me that he did not wish to stay in the communal areas because it could be a while before he was ready. So i covered my own back and reported this. I was then told to go back and tell him again that he needed to comply with this request. Told me to go away (in less polite terms)
I was then told to document this. i went to do this.
Just as I was getting ready to type it all up, my colleague who I went with to get the test done came to me and said that the management had asked that I go and sit in the service users bedroom with him until he was ready. I took a few seconds to think as this seemed, to me, a strange request and it made me feel quite uncomfortable. I said this to my colleague, who agreed with me. So we went back to the office and said this. i was then questioned why I felt uncomfortable with this. (I had been informed of some history.) but at the time it felt like I was being asked to describe the shape of an egg. i.e. it just is.
Eventually I felt pressured into doing it and I just went up to the room and said that I would need to stay in the room until...
He replied with negativity. I went back to relay this. I was then told to go and suggest the bedroom door be propped open and I would sit outside. Again no. Only this time he got up and came to the door and said that he was getting p***ed off and that I was being treated like a mug as I am a new member of staff.
I then went downstairs and again relayed the info.
I, along with my colleague were made to feel like idiots, being told that we were culpable for the failed test. My colleague made this clear.
At this point I went back to the room and said that this had to happen. he then came downstairs and had a slanging match with the management.
After this it was projected at me saying that I had handled it wrong.

I have been so annoyed and upset, almost to the point of tears tonight, because I have had no training in this sort of thing and was not supported. And a seasoned member of staff agreed with me.
And now I could be in trouble!

Then the manager said that she was getting annoyed because staff kept coming to her to ask for advice before doing anything. Since day one, staff have been telling me how they have had so many investigations and disciplinaries that they are pretty much terrified to do their jobs.

Who would have the legal footing if this went further?

surreysaver

You cannot force someone to provide a sample if they do not wish to - it would be assault. They could call the police and you could be arrested. If they refuse, you just report it, and let the management deal with it. You cannot force them to remain or go anywhere - that would also be assault. I presume you are not working in a prison? You have to let it go. And ignore the management bullying you - or raise a grievance with their seniors.

tomtontom

I would question if this is the right environment for you. The service user tested how far he could push you, and you played to him. You need training, but more than that you need to be more assertive and make decisions for yourself.

surreysaver, I don't see any suggestion of forcing the service user to give a sample, he will be aware that he has to give one as part of his residency agreement, and quite possibly as a condition of the court. The SU will also be aware of the consequences of not doing so - potentially losing his place in the home, or even being recalled to prison.

tomtontom

I've just noticed your other post about an earlier incident. You need to be careful putting so much information on an open forum, it would be easy for a colleague to identify you.

wiltsguy_2

surreysaver wrote: »

You cannot force someone to provide a sample if they do not wish to - it would be assault. They could call the police and you could be arrested. If they refuse, you just report it, and let the management deal with it. You cannot force them to remain or go anywhere - that would also be assault. I presume you are not working in a prison? You have to let it go. And ignore the management bullying you - or raise a grievance with their seniors.

i am in the military and we undergo regular and random compulsory drug testing! and it's a good idea! i certainly don't want to work or be near someone that uses drugs