Guidance from Employment Law guru's

jools222_2

What are my rights in refusing a drug and alcohol test from my work place?
I enjoy a relaxing joint on a weekend and in no way would this affect my performance to do my job. I find it unfair that they can have that power over my personal life with a drug that can be traced for 4 weeks.


There is also a test for THC available that will only trace from last 24 hours, to me this is much more fair as there are far more harmful drugs that can only be traced for upto 48 hours.

(With my Union's help) could I not have the option to request this one if I was asked to supply a sample? Or is it wasting everyones time....by getting the Union involved??

Comms69

How long have you worked there?


What is your job?

KiKi

Depends on your company's D&A policy and what you've signed up to, contractually.

I am office based, but used to work for a railway company. The alcohol policy was crystal clear. No more than 8 units in the 24 hours before work, and absolutely none in the 8 hours before. Anyone - including office staff - could be tested at any time.

They don't 'prevent' you taking drugs over the weekend - you can do what you like. But if you're tested positive and it's not allowed, then you have to accept the consequences. It doesn't matter what you think about it affecting your performance - that's the company's policy, and by working with them you agree to working under those rules.

HTH
KiKi

ReadingTim

Check your organisation's drugs and alcohol policy as to how they regard a refusal to take a test, but generally speaking, it's not going to be looked on favourably. It's also worth remembering that your rights are going to be pretty limited anyway, because cannabis is illegal in the UK.

That said, there is a serious point whereby someone who went on a stag do to Amsterdam and visited a few coffee shops - where the consumption of cannabis is legal, could fail a test administered in the UK a week or two later.

Rather than trying to proactively enforce your (limited) "rights", you're probably better off waiting to see if whether you're ever tested, and if so, whether you fail, and then argue for mitigation. Depending on the sort of job you do, you might well be successful.

Ultimately though, if you find it unfair that your employer takes a hard line on people being drunk, stoned etc at work, and obeying the law generally; you're free to find employment with another organisation which takes a more relaxed view to health & safety etc, although that may come with its own issues....

nicechap

jools222 wrote: »

What are my rights in refusing a drug and alcohol test from my work place?
I enjoy a relaxing joint on a weekend and in no way would this affect my performance to do my job. I find it unfair that they can have that power over my personal life with a drug that can be traced for 4 weeks.


There is also a test for THC available that will only trace from last 24 hours, to me this is much more fair as there are far more harmful drugs that can only be traced for upto 48 hours.

(With my Union's help) could I not have the option to request this one if I was asked to supply a sample? Or is it wasting everyones time....by getting the Union involved??

There are no employment law gurus here, the trolls have hounded them off. If you need legal advice, book a session with a lawyer.

In the meantime you have the right to refuse such a test.

You have the right to find new employment if your employer terminates your employment for refusing or failing the test (depending on all the circumstances - e.g. if your work involves any potentially hazardous activities).

Only the union can answer whether they would get involved. If its not a new initiative they presumably are OK with it.

I'd hazard a guess your google search for excuses for failing cannabis tests hasn't thrown up much help.

comeandgo

My knowledge of the drugs and alcohol testing. It may say in your work hand book that you are expected to participate with any testing, to refuse is not an option, it would be regarding as gross misconduct and a sacking offence.

Savvy_Sue

I don't think we have ever tested anyone, but we have terminated employment on occasion. Generally when challenged on suspicion that illicit substances have been used, we find that people resign.

garth549

You might think it doesn't affect your performance at work but I can guarantee you it does. My sister's company used to employ 2 people who smoked cannabis which they knew about and tolerated at first.

It soon became clear they were in a daze half the time without realising and they were making loads of mistakes.

I wouldn't want someone who got stoned at the weekends working for me. Sorry.

Energize

garth549 wrote: »

You might think it doesn't affect your performance at work but I can guarantee you it does. My sister's company used to employ 2 people who smoked cannabis which they knew about and tolerated at first.

It soon became clear they were in a daze half the time without realising and they were making loads of mistakes.

I wouldn't want someone who got stoned at the weekends working for me. Sorry.

An anecdote is not good evidence of anything. Medical psychometric testing is.

The whole drug testing thing is rather farcical because of the huge number of drugs that do not show up on the tests and the levels of drugs like cannabis etc often have no documented effect on performance.

Comms69

Energize wrote: »

An anecdote is not good evidence of anything. Medical psychometric testing is.

The whole drug testing thing is rather farcical because of the huge number of drugs that do not show up on the tests and the levels of drugs like cannabis etc often have no documented effect on performance.

... and no relevance to employment law....

James1968

The one thing that definately does skew drugs tests is the consumption of seeded bread products where poppy seeds have been used due to having no sesame seeds available.

Anyway, the op hasn't been back to answer the 2 questions posed in post 2.