Employer introducing a random drug and alcohol test

[Deleted User]

The company that I work for has just sent an email to all its employees saying that it's introducing a random drug and/or alcohol testing. There is nothing in my contract saying that this was going to be introduced. All the people in my team are against it, not because we are all taking drugs or are alcoholics (lol) but we feel it's an invasion of privacy and more. It's a stressful job and sometimes in the week I fancy a few drinks to relax and unwind. Can the company force us to take the random test if it comes into force or have we the right to refuse. The email states that if we refuse then disciplinary action will be taken.

Thrugelmir

What's the business nature of your employer? While you are on the premises the employer has responsibility for H&S issues. Has there been instances recently of such conduct. 

[Deleted User]

I'm a support worker for adults with autism. Employer is a charity based organisation with trustees. There hasn't been any cases of drug or alcohol abuse or turning up for work under the influence at my place but I can't vouch for any of the other services under it's control.

Jillanddy

Leaving aside opinions on the matter - and there are many possible ones - an employer can vary terms of employment. Your employer has said that they are going to do this. So you have the opportunity to resign and test it in a court of law. You have the opportunity to take the test. And you have the opportunity to refuse to take it and get sacked, and test it in a court of law. What you can't do is stop them. If you were all in a union - and I guess you aren't - then you could call in the union and hope that you can convince the employer not to do this. If that didn't work, then please see the previous choices listed. 

Drug and alcohol testing is expensive, so I would be curious why an employer in a sector notorious for wanting to save money is doing this - it suggests that whatever you think, they have a reason somewhere in this. 

Having a "drink or two" to relax and unwind should not cause you to fail a test. Turning up under the influence would. It is interesting to note that people often fail to appreciate just how "under the influence" they are the next day after "a few drinks". 

coffeehound

Yes, it would be pertinent to know the pass/ fail criterion.  If it is ‘zero tolerance’, then having a couple of beers on a school night could be a problem

YBR

My job is subject to random D&A because it's a safety critical role. We don't take it as an invasion of privacy but just part of the role. Because of the drug testing we also have to let our employer know what medicines we are or as they could trigger a test result, which can be a little more awkward. I appreciate that as a change you and your colleagues view it differently.

For us refusal to take a test is treated as a positive test and very likely to get sacked.
If the lads are planning a heavy drinking night out they'll take the next day off. Once or twice someone has turned up under the influence mates have told them to go home before they get a "For cause" test.

[Deleted User]

Thanks all. We were all saying the same thing actually about having a night out midweek and either booking annual leave in advance or again we agreed for a spontaneous night out....the most in your face scenario would be to call in sick, something we fear will become the norm and as like what Jillanddy said about the testing being expensive, the company is always finding ways to save money, the pay is bad as it is so to dampen staff moral even more is going to be counter productive.

MalMonroe

I don't think it would be a waste of your time to just give Acas a call. There's some info in the link below about changes in employment contracts.

https://www.acas.org.uk/changing-an-employment-contract

And if you scroll down there's the Acas number to call. 

I DO think it's an invasion because how are they going to test for drugs and alcohol? Urine? If so will someone be waiting outside the loo to make sure that you don't swap samples? Blood? And WHO exactly is going to be testing? A medic? Or just someone with a dipstick test?

If you have a union, you could also contact them.

Or, as it seems like an awful place to work from what you've said, start looking round for another job. But don't let them just foist this ludicrous state of affairs on y'all. (Sorry, been watching too many US programmes)  

Employers are supposed to negotiate with their employees rather than dictate.

If you need to relax and unwind during the week, though, you could try using some kind of relaxation or meditation rather than booze, which isn't good for you anyway. But at the weekends, you could spoil yourself and build yourself up for the week ahead.  

MalMonroe

YBR said:

My job is subject to random D&A because it's a safety critical role. We don't take it as an invasion of privacy but just part of the role. Because of the drug testing we also have to let our employer know what medicines we are or as they could trigger a test result, which can be a little more awkward. I appreciate that as a change you and your colleagues view it differently.

For us refusal to take a test is treated as a positive test and very likely to get sacked.
If the lads are planning a heavy drinking night out they'll take the next day off. Once or twice someone has turned up under the influence mates have told them to go home before they get a "For cause" test.

Your case is different because you were obviously informed about the terms and conditions before you accepted it. 

In this case the OP's employer has apparently just decided to carry out this testing on a whim. Nobody even knows who will monitor it or how it will be monitored either. 

gettingtheresometime

Deleted_User said:

Thanks all. We were all saying the same thing actually about having a night out midweek and either booking annual leave in advance or again we agreed for a spontaneous night out....the most in your face scenario would be to call in sick, something we fear will become the norm and as like what Jillanddy said about the testing being expensive, the company is always finding ways to save money, the pay is bad as it is so to dampen staff moral even more is going to be counter productive.

Of course phoning in sick frequently may trigger the Company's sickness policy ....which could be a whole new can of worms

oh_really

Is your employer unionised? What checks and balances are to exist?

Are there to be exceptions for failures that have a dietary or prescription drug use failures?

Who is to administer the testing, management who may have an agenda or a third party tester? What about consistency checking especially if left to managers.

Will there be provision for employees to come forward and seek help and will the employer be supportive.

This really need trade union involvement at the consultation stage or is this simply the will of management to be imposed?