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4 employee rights when drug-testing
Health and Safety Bulletin | 10 November, 2009 | Hot Topics:
Dear reader,
We continue with our “silly season” series of bulletins focusing on substance abuse in the workplace.
You’re 100% entitled to a drug- and drink-free workplace, but you can’t unilaterally impose terms and conditions on your employees. They have four unimpeachable rights…
4 employee rights when drug-testing
Right #1: You can decide to test employees for drugs, but you’ll need your employees’ consent first. Normally, the employee will give you permission if you have grounds for conducting the test under a full contractual Occupational Health and Safety Policy. You should set the policy out in the employee’s contract of employment or in your company handbook.
Right #2: Limit testing to only those employees that appear to need it. If you want to carry out random tests on these employees, they MUST be random. It’s potentially discriminatory to single out particular employees for testing unless it’s justified by the nature of their jobs.
Right #3: Searching employees is a sensitive matter. You’d best cover yourself by implementing a written policy on this. Searches should respect privacy (e.g. be carried out by a member of the same sex) and take place with a witness present.
Right #4: You can’t force an employee to take a drug test, but if he refuses when you have good grounds for doing so (under a proper OHS policy) the employee may face disciplinary action.
In the name of safety,
Christel Fouché
Editor-In-Chief: Health and Safety Advisor
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Editors note
Liana Meadon
Health & Safety Bulletin Editor
The Health & Safety Bulletin keeps our readers in the loop regarding health and safety, through updates regarding reported incidents in the news and questions our health and safety expert Wilna Louw answers. It’s also a platform for subscribers to send in any issues they’re currently experiencing in their workplace.
