Work drug test UK, prescription drugs rights

Beetrootz

Hello, 
Regarding drug test at new jobs induction, if former addict in methadone rehabilitation program (low dose) will you be dismissed? 

1) do you have to declare the prescribed prescription prior to test ? Incase it shows up?
2) would they even test for methadone ? Job is ground worker so health and safety with machinery etc 
3) do you have rights to privacy? As not wanting to disclose drug addiction to new employee as in recovery and it’s got a lot of stigma. 

4) are you protected by any laws ? 

Any advice appreciated.  Thank you. 

Flugelhorn

I suspect it will come down to whatever their policy is on the presence of any opiates (from any source) at any time - they pick up things like codeine from OTC painkillers etc - if it is their policy that the level has to be zero to do the job then they will probably stick to that. 

The main concern will be health and safety of you and others while using the machinery 

LightFlare

Under low dose methadone - are there any particular instructions relating to driving and/or operating heavy machinery ?

You could check on this with the pharmacist if u sure.

As to the test - personally I would be totally upfront with them as failure to disclose beforehand may (will) look bad if the test shows positive

Ayr_Rage

From the info I can find driving whilst on methadone is not permitted unless a waiver is issued by the DVLA, operating machinery therefore would not be wise.

If you do not inform your employer you risk dismissal if you do not declare your circumstances.

Grumpy_chap

Beetrootz said:

1) do you have to declare the prescribed prescription prior to test ? Incase it shows up?

Usually.
What does the employer say?

Beetrootz

The employers hasn’t said anything about declaring health conditions or medication.  Just that on induction will be a drug test inline with their policy.  Not sure if on the day there will be a questionnaire form to complete ? Never had this before.  

There’s a general drug testing policy to sign, but doesn’t list specific medication or Drugs.  Just says illegal drugs or alcohol are prohibited.  Says that if you declare a dependancy to employee before test then they can support you, but if you declare it after they’ve asked for test /get positive result they won’t help.  1) how could you declare it if it’s in the offer letter and weren’t aware at interview to tell them ,  2) can they choose not to employ you if it shows in test, even if it’s a prescribed medication?  As it’s not illegal.  3) I read you don’t legally have to declare conditions medications due to data protection 

DullGreyGuy

Beetrootz said:

1) how could you declare it if it’s in the offer letter and weren’t aware at interview to tell them ,  
2) can they choose not to employ you if it shows in test, even if it’s a prescribed medication?  As it’s not illegal.
3) I read you don’t legally have to declare conditions medications due to data protection 

1) What have your medical professionals told you about driving, operating heavy machinery etc? If the doctor's said dont use machinery and you've applied for a job involving machinery it would seem an obvious point to bring up on if the job can be adapted for your needs

2) Yes, you cannot discriminate on protected characteristics like sexual orientation or religion but on any non-protected characteristics you can be as discriminatory as you like. 

3) Where have you read that? Medication, and health in general, is a special category of personal data that if gathered needs higher levels of protection. Companies generally are not going to care if you take HRT or blood pressure medication etc. What companies may ask you to declare is if you have a condition or a medication that may jepodise health and safety. They often won't want to know exactly what it is but if the packet says dont operate heavy machinery and your a JCB driver they need to know you can't drive the JCB. You can choose to disclose what it is you take, which may be beneficial as they potentially can work with you to find a way to make it work but being realistic if you're a new hire and not as rare as hens teeth they may find it easier to find a replacement employee than make exceptions for you.

elsien

This is not about your past history. This is about your safety working in the role that you have applied for, and the safety of other employees. 

As above, you really need to check with the medical professionals who are prescribing the methadone, as your starting point

teaselMay

Beetrootz said:

Says that if you declare a dependancy to employee before test then they can support you, but if you declare it after they’ve asked for test /get positive result they won’t help. 

You've answered you're own question there. 

Beetrootz

teaselMay said:

Beetrootz said:

Says that if you declare a dependancy to employee before test then they can support you, but if you declare it after they’ve asked for test /get positive result they won’t help. 

You've answered your own question there. 

But the issue is a couple of things
is methadone maintenance considered a “dependancy”? As not actively using illegal drugs so have no dependency.  It’s a prescribed drug for past issue.  The dependancy section  was worded if you declare a dependency to drugs / alcohol they will help you.  But don’t have an addiction to illegal drugs or alcohol.  

2nd point was, couldn’t declare prescribed medication before they asked for a test, as the test was only requested in a job offer letter.  

This drug & alcohol policy relates to all employees having random tests across the time they are there, so if you were already employed.  Then called for a drug test it would be too late to tell them.  Plan to be off it asap as on reduction plan.    

I was also advised that you don’t have to declare health conditions by law? In a drug rehabilitation forum.  

If they directly asked if take any medication that causes you issues with health and safety wouldn’t lie.  Will have to speak to dispenser.  

Maybe it’s all a pipe dream.  It’s an amazing opportunity and feel one so well to fall as the final hurdle after securing an amazing career that would be life changing.  

Flugelhorn

Honestly suspect you are better to tell HR and they can get their own medical advice on the subject. It is possible that the test won't specifically show up methadone - depends what they are looking for 

A forum may tell you that you don't have to disclose medical conditions but say someone was epileptic and you sent them working at high level or with heavy machinery and no-one had checked how long they had been fit free ? There are reasons why insulin dependent diabetics can't drive buses or HGVs without increased monitoring etc