Testing staff for drink and drugs
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Being under the influence of alcohol or drugs is not only unprofessional, it can be highly dangerous. Make sure your drivers know the penalties.
Hauliers have a legitimate and necessary interest in weeding out those employees who drink or smoke Fu nnysmelling cigarettes as they drive. Some employees are caught red-handed drinking from the bottle, Others have the presence of alcohol on their breath. These are relatively straightforward cases to handle; but employers do not have to rely on luck to catch out erring drivers.
You can ask your drivers to undergo a test tor drugs but you can't force them.
You can, For example, ask an submit to a urine or blood test to ascertain the presence of alcohol or illegal drugs—but if he refuses you cannot forcibly take a urine or blood sample from an employee against his will. If you did so, you would commit a criminal offence (From battery upwards) and would be liable in damages to the employee. Discipline for refusing a test The employer is not powerless in the face of refusals, if it is made clear to employees: What the policy is;
LI Haw the policy will be implemented; What the safeguards will be;
What the criteria will be and so on, then tk employer should be able to make a refusal to bt tested a matter of discipline, including tht prospect of dismissal for refusal. Organising testing Testing must be done under medical supervision with samples provided to the employee for thei own analysis, which the employer ought to pa; for. The procedure should reflect the care anc detail used by the police and the police surgeor in carrying out this procedure. The employee should be told in writing as thc process begins, exactly how it will be carried ou and what his rights are, including having friend or representative present throughout. Dealing with test results Be absolutely clear on this: for instance, are yot saying that over the legal limit of alcohol in [hi blood may lead to dismissal, or are you sayinc that any trace will suffice?
Beware of the possibility of readings induce( because the employee took some pharmaceutj cal product with an alcohol trace. Be prepare( to investigate such matters, taking medico advice if necessary.