TUC demands clarity on law on drugs at work
Date: 7 June 2010
The TUC has produced two new guides for health and safety reps on drugs and alcohol at work and on drug-testing at work. It wants clearer Government guidance to clear up confusion about the rules for drug-testing.
The TUC says that drugs and alcohol have no place in the
workplace. Any person working under the influence of any kind of
performance-influencing drug, whether illegal or prescription, may
pose a real danger to themselves, their colleagues or the
public.
‘Drugs
and Alcohol in the Workplace’ explains that there is no
specific health and safety law covering drugs and alcohol at work,
but under the general duty of care and the duty to manage
significant risks, it is advisable for employers to have a clear
policy on the issue.
Policies should be designed to protect workers and to provide
assistance to workers who have a problem. Union reps should be
involved in the development of the policy and can play an important
part in raising members’ awareness of the issues and in helping to
make sure the policy works in practice.
The second guide, ‘Drug Testing in
the Workplace’ advises on the difficult issues involved if an
employer decides to introduce drug-testing in the workplace. The
main problem is that drug tests don’t give evidence of impairment –
i.e. they don’t show that the person was under the influence of the
drug while at work. They only detect traces that show that the
person may have used certain drugs at sometime in the recent past.
There are therefore sensitive privacy and human rights issues to
consider.
TUC General Secretary Brendan Barber said:
'Clearly no employer can ignore drugs use in the workplace.
Individuals who come to work under the influence of any kind of
performance-influencing drug may not only be risking their own
safety but also that of others around them.
'But the way to tackle this danger is by having proper policies
in place for dealing with drug and alcohol abuse in the workplace,
rather than introducing random testing which is not only a breach
of a person's right to privacy and dignity, but also of dubious
legality.
To see copies of the TUC Guides go to