1st March 2010, 06:42 PM
You are perfectly right in what you say Redearth that should someone cause serious injury or death due to them being under the influence of alcohol or a controlled substance then they would be rightfully charged with a criminal offence such as manslaughter. However, to reiterate a earlier point employers have already admitted that random tests do not act as a deterrent. I think if someone does arrive in an unfit state to work then it is beholden of the supervisor etc to send that person home. Obviously repeat offences may be looked upon dimly, but as most health and safety policies outline that a process of help and support should be offered to individuals who have a drink or drug problems there is no immediate need for severe disciplinary action such as the sack. Education and careful management of these matters seem a more positive and enlightened recourse and one which the Rowntree inquiry found ultimately more favourable than the invasive testing.
Another factor as you say is what is the cut off point. Well from what I know the drink limit is the same as the drink driving limit (regardless if your job involves driving or not) so potentially anything over 2 pints the night before could put you over the limit (people do metabolise alcohol at different rates). The drug criteria is somewhat different with employers taking different stances on the matter. Some have a zero tolerance policy others won't punish the employee "who had a spliff while in Goa on his holidays". The latter although not disqualifying the individual from the current project/job, may leave the same open to discrimination in future (i.e. they may not be employed again).
Many other substances can also apparently produce false positives so in many cases you will have to tell employers in advance if you are prescribed any restricted drugs for medical conditions (these are generally opiate based drugs used for pain relief). In certain cases your employer may insist that you start using alternative medication. However, over the counter drugs can also produce false positives. Amongst these Ibuprofen may test as cannabis and cold remedies such as Night Nurse may show up as cocaine. You can argue for a retest on the basis of this if you do test positive.
I again encourage people to look at the links I published above. I've made my decision as to where I stand on this issue and if you feel differently then that's your choice, but I do feel that people should perhaps explore the whole issue. This is about a bit more than health and safety issues. The imposition of these test will not eliminate accidents at work, but it will be a further erosion of your civil liberties. Once this is fully accepted and implemented you can bet your employer will introduce new test and initiatives that will direct and control you life outside of work.
Another factor as you say is what is the cut off point. Well from what I know the drink limit is the same as the drink driving limit (regardless if your job involves driving or not) so potentially anything over 2 pints the night before could put you over the limit (people do metabolise alcohol at different rates). The drug criteria is somewhat different with employers taking different stances on the matter. Some have a zero tolerance policy others won't punish the employee "who had a spliff while in Goa on his holidays". The latter although not disqualifying the individual from the current project/job, may leave the same open to discrimination in future (i.e. they may not be employed again).
Many other substances can also apparently produce false positives so in many cases you will have to tell employers in advance if you are prescribed any restricted drugs for medical conditions (these are generally opiate based drugs used for pain relief). In certain cases your employer may insist that you start using alternative medication. However, over the counter drugs can also produce false positives. Amongst these Ibuprofen may test as cannabis and cold remedies such as Night Nurse may show up as cocaine. You can argue for a retest on the basis of this if you do test positive.
I again encourage people to look at the links I published above. I've made my decision as to where I stand on this issue and if you feel differently then that's your choice, but I do feel that people should perhaps explore the whole issue. This is about a bit more than health and safety issues. The imposition of these test will not eliminate accidents at work, but it will be a further erosion of your civil liberties. Once this is fully accepted and implemented you can bet your employer will introduce new test and initiatives that will direct and control you life outside of work.