date: Wednesday 26 November 2003 embargo: 00:01 hrs Friday 28 November 2003

Attention: Industrial, business, health and social affairs correspondents

over zealous employers rushing to drug test staff

A TUC report out today (Friday) says that the law does not give workers sufficient protection against the increasing use of unjustified and degrading drink and drug testing by over zealous employers.

A panel of experts is about to make recommendations to the government on drink and drug testing at work and the TUC report reiterates the call for government action on testing which, unregulated, has doubled in the last decade. The report includes evidence that one in eight companies is testing staff for drugs and four out of five bosses would be prepared to test their employees if they felt productivity was at stake.

The ‘Testing times’ report, published in the latest TUC backed ‘Hazards’ magazine, criticises employer enthusiasm for drug and alcohol testing at work and argues that it is an intrusive and unproven science. In a recent Chartered Management Institute survey (March 2003) over half (55%) of managers supported random testing at work and over a quarter backed instant dismissal for staff with positive results. But only around half of companies have policies for dealing with alcohol and drug use and other research found that 84 per cent of firms do not run health awareness programmes for staff.

Hazards magazine asked UK unions if they had experienced problems with workplace drug testing and discovered serious concerns ranging from ‘chain of custody’ of samples, to the use of drugs tests to harass ‘troublesome’ workers.

Brendan Barber, TUC General Secretary, said:

'No-one is suggesting that it is acceptable to be high or drunk at work but staff who may have drink or related problems need help not disciplinary action. A policy for identifying symptoms and a programme for dealing with employee’s drug and drink problems is far more effective than random testing'

Hazards Editor Rory O’Neill, said:

"Drug testing at work is a danger ous distraction, bad for safety, bad for privacy and bad for morale . Employers should stop testing and start listening. '

The TUC argue:

• Workplace drug testing is a costly waste of time, and a gross infringement of an individual’s privacy. Testing doesn’t prove someone’s inability to do a job, all it shows is exposure to a substance maybe months before the test took place.

• Whilst there may be a case for testing in safety critical jobs, tests should never be randomly carried out.

• Every workplace should have a policy on drug and alcohol use drawn up by managers in consultation with union representatives. The policy should state that individual confidentiality will be maintained at all times, with the emphasis on assistance and advice, not disciplinary measures and dismissal.

‘Testing times’ contains a number of case studies:

American firm Apache began urine tests on 350 of its North Sea rig workers after a parcel of amphetamines was allegedly found heading for one of its platforms. The oil giant denied the measure was an 'over-reaction' and said its top priority was the safety of workers on the installations. But Amicus said its members were furious and warned the measure would create a false impression of a drugs culture in the North Sea. Amicus-AEEU national secretary Danny Carrigan said random drug testing in the past had shown there was no such problem on the rigs. 'We are disappointed this new operator hasn’t spoken to us before it took this drastic action, which we consider to be an over-reaction. We are all working together to make the North Sea a drug-free environment because of the obvious safety considerations.'

Fourteen Tube track maintenance workers tested for drugs and alcohol but found to be entirely clean have been suspended and will still face a ‘kangaroo court’ says the RMT. The workers, who were suspended after empty beer cans and bottles of booze were found in a mess room, have been charged with gross misconduct. The room was used by workers to change in and out of uniforms, according to Metronet, the private firm which maintains part of the Tube network. The firm admits tests on the workers for drugs and alcohol all returned negative results.

Bakers’ union BFAWU said a major UK company tried to push through mandatory drug tests without adequate consultation. A trial of the scheme subsequently discovered 'there is no need for this type of policy and the cost associated with it', said the union.

Notes to Editors:

The full report ‘Testing times’ (Hazards, Issue 84, Autumn 2003) is available at: www.hazards.org/testingtimes

The Independent Inquiry into Drug Testing at Work - on which the TUC is represented - is expected to make recommendations to government shortly.

Hazards magazine is the TUC-backed workplace health and safety magazine and is recommended reading for all trade union safety reps and others concerned about workplace safety. Hazards, PO Box 199, Sheffield S1 4YL (0114 267 8936) email: sub@hazards.org Online subscriptions: www.hazards.org/subscribe.htm

Sources

• Croner (information company) research (Oct 2003) found that one in eight companies is now drug testing staff.
• Survey for Independent Inquiry into Drug Testing at Work (July 2003) found that four out of five bosses would be prepared to test their employees if they felt productivity was at stake.
• A Chartered Institute of Personnel and Development survey showed that 84 per cent of firms do not run health awareness programmes for staff.

Contacts:

Media enquiries: Liz Chinchen 020 7467 1248 or 07699 744115 (pager) or email media@tuc.org.uk

Press release (1,000 words) issued 28 Nov 2003