Hired and tested: a guide to drug testing in the workplace

What is company drug testing, why do businesses do it and what are your rights?

13:26 06 March 2014

Drug testing of employees is a controversial issue. Some companies argue that it is an employer's right to randomly test employees for illicit substances; others view it as an unnecessary part of the staff vetting process, and an infringement on privacy.

What is it?

The methods of testing for illicit substances vary according to company policy but may involve a breath test, hair sample examination, or urine test; the drug test may be carried out on-site or at a dedicated testing centre elsewhere. Businesses often use specialist companies such as the alcohol and drug testing company Matrix Diagnostics, to carry out the analysis. Company policy also dictates what types of drug tests are necessary:

•    Pre-employment Drug Testing. Tests are carried out usually after a job offer has been made. The applicant will be employed on the proviso they agree to be tested. This method is completely fair and is favoured by many companies due to its blanket ruling and non-discrimination.
•    Random Drug Testing. Tests can be carried out at any time, and to anyone. This method causes much controversy due to it 'singling out' individuals. Many companies argue that if you test one employee then you should test them all.
•    For Cause Drug Testing. Tests are taken an employee who has given cause for concern in terms of their behaviour, i.e. they are acting in an unruly manner, emanating a strong smell of alcohol, etc.
•    Job Appropriate Testing. Many jobs have drug testing as standard, eg. military, driving and health care.

Why do it?

A business is at risk of a negligence claim if an employee is under the influence at work. The potential for workplace accidents/injuries rises considerably when an intoxicated employee turns up for work and operates heavy machinery, or stumbles around near customers. The smaller the business, the greater the risk: people who abuse illegal substances are more likely to apply to work for smaller companies, rather than the more established corporations who undoubtedly have drug testing firmly in place.

Drug testing is also used as a method of prevention: explicitly making applicants aware of the testing process prior to taking them on is believed to lower the probability of employees abusing illegal substances.

What are my rights?

•    Testing should be with express permission: no employer has the right to drug test an employee without his or her full consent. Employees have the right to refuse a drug test; however, the company may then have grounds for disciplinary action, and may even have cause to deny employment altogether.
•    Employers must test honestly - and with integrity: they should not simply pick up a strand of someone's hair and send it off to a laboratory for example. In this case, a positive result would be inadmissible.
•    Testing should be random: this brings into contention how 'random' such checks really are: if an employee feels victimised, he/she does have grounds to pursue a case. A business should ensure that they can clearly evidence non-discrimination.
•    Employee privacy is paramount: even if an employee fails a drug test, confidentiality should not be compromised. If an employee does fail, however, they may be at risk of suspension pending further investigation, or, in the worst case, instant dismissal.