EMPLOYMENT CASE LAW / HUMAN RESOURCE MANAGEMENT – drug & alcohol testing
Drug and alcohol testing of Employees can be a contentious topic for Organisations. There is no statutory requirement for Employees to undergo testing in relation to being under the influence of intoxicants; similarly there is no requirement for Employers to test Employees for intoxicants. Employers may carry out drug and alcohol testing only where it has been provided for in either the contract of employment, the Employment Policies and Procedures such as the Employee Handbook, or with the Employee’s express consent. Where the Employee is consenting to the testing, the Organisation must notify the Employee in advance of the testing occurring, the extent of the testing which is to be carried out, and potential implications should there be a positive result received.
In line with the Safety, Health and Welfare at Work Act, an Employee is obliged to ensure that he or she is not under the influence of an intoxicant to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person present.
Should an Employee arrive at work and be considered to be under the influence of an intoxicant, the question that must be asked is whether there is a risk posed by the Employee’s intoxication – For example, if an Employee drives machinery in the course of their employment, the Employer is under an obligation to remove the person from any potential risk which being under the influence of an intoxicant may pose. During the month of December and the Christmas season, Employees may be attending an increased level of social / work events, and as such may be potentially more likely to arrive at work under the influence of an intoxicant, whether it is alcohol, drugs, or even medication.
Where an Employee is not carrying out a role that is safety critical, an Employer must still be confident that the Employee is not a risk to himself or herself, or other Employees. If an Employer feels that this person is a risk, then there should be action taken to remove him or her from the risk.
An Organisation should have a clear and detailed drug and alcohol / intoxicant testing policy in place should this testing be required in the Organisation. Such a policy should include details in relation to intoxicants in the workplace, how an instance of a positive case of intoxicant will be dealt with, and the possible consequences of testing positive for such an intoxicant, ie will be considered to be gross misconduct, and may have consequences up to and including dismissal. Like all other policies, this policy should be very clearly worded and easy to comprehend.
In line with the Safety, Health and Welfare at Work Act, an Employee is obliged to ensure that he or she is not under the influence of an intoxicant to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person present.
Should an Employee arrive at work and be considered to be under the influence of an intoxicant, the question that must be asked is whether there is a risk posed by the Employee’s intoxication – For example, if an Employee drives machinery in the course of their employment, the Employer is under an obligation to remove the person from any potential risk which being under the influence of an intoxicant may pose. During the month of December and the Christmas season, Employees may be attending an increased level of social / work events, and as such may be potentially more likely to arrive at work under the influence of an intoxicant, whether it is alcohol, drugs, or even medication.
Where an Employee is not carrying out a role that is safety critical, an Employer must still be confident that the Employee is not a risk to himself or herself, or other Employees. If an Employer feels that this person is a risk, then there should be action taken to remove him or her from the risk.
An Organisation should have a clear and detailed drug and alcohol / intoxicant testing policy in place should this testing be required in the Organisation. Such a policy should include details in relation to intoxicants in the workplace, how an instance of a positive case of intoxicant will be dealt with, and the possible consequences of testing positive for such an intoxicant, ie will be considered to be gross misconduct, and may have consequences up to and including dismissal. Like all other policies, this policy should be very clearly worded and easy to comprehend.
