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Drugs at work

15 August 2016
Sometimes employees may be asked to take a random drug test by their employers. This is usually done for health and safety reasons, if your job involves dealing which machinery, looking after venerable people etc. Drug testing policy   An employer may only drug test an employee if there is a drug testing policy in place and the employee is aware and agrees to this. You may find this policy in your contract or staff handbook. A drug testing policy may be introduced after you have been working for your employer for a while. In such a case you will need to accept this change separately or agree to a change in your contract. You can however say no to this change in your contract and your employer cannot force you to accept this change. However, this may look bad and may be a problem for those on fixed term contracts as your employer may refuse to renew the contract unless you sign it the contract agreeing to the new terms. You can say no! But…   As mentioned above, you can refuse to be tested if you have not signed up to a drug testing policy and your employer cannot do anything about this. However, your refusal may make your employer suspicious of your reasons for saying no and may cause some friction. Failing your drug test   Failing your drug test could lead to a disciplinary action against you or you could be dismissed for ‘gross misconduct’ depending on your company’s tolerance policy to drugs. Dismissal is most likely to take place if your job is safety-critical such has handling heavy machinery etc. Some companies have made it a condition in the contract of employment that employees should not be under the influence of drugs at work.   If you have recently failed a drug test or would like to implement a drug testing policy at work then please do contact us.

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