TUC calls for clarity on drugs testing

The TUC has called on the Government to produce clear guidance on drug-testing to clear up the confusion around the legality of random or routine testing in jobs that are not safety critical.

In a new guide Drug Testing in the Workplace the TUC says that drugs and alcohol have no place in the workplace. Any person working under the influence of any kind of performanceinfluencing drug, whether illegal or prescription, may pose a real danger to themselves, their colleagues or the public.

But it also says that where employers are using drugtesting techniques, checks on staff are unable to tell whether a member of staff is under the influence of drugs. The tests will only show the presence of chemicals – left in the body after drugs have been taken.

The TUC suggests that rather than resort to drugtesting, employers who are serious about the welfare of their staff and removing drugs from the workplace will find their time better spent developing a comprehensive drugs and alcohol policy which supports staff.

The report also suggests that some employers may be using random drug-testing to try to get rid of employees and then avoid paying redundancy pay.

Although any such moves would have a good chance of being considered unlawful in the courts, the report says the legal position on drugtesting remains confused.
www.tuc.org.uk