Random drug tests of ‘dubious legality'

Random drug tests of 'dubious legality'

The TUC has warned that random drug tests at work are of 'dubious legality' and has called on the government to produce clear guidelines. 'Drug testing in the workplace', an online guide published this week by TUC, is critical of testing at work, saying checks on staff are unable to determine whether a person is under the influence of drugs. Instead, the tests only show the presence of chemicals - left in the body after drugs have been taken - in hair follicles, blood or urine. Rather than resort to drug testing, employers who are serious about the welfare of their staff and removing drugs from the workplace will find their time better spent developing a comprehensive drugs and alcohol policy which supports staff, TUC says. TUC general secretary Brendan Barber said employers cannot ignore drug use at work, but added '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.' He said testing was much rarer in the UK than the US 'but many employers are being seduced by the marketing campaigns of drug testing companies into seeing random testing as the solution to sickness absence problems. This is why the government needs to produce clear and definitive guidance on testing, especially on the legal issues. Drug testing techniques are not going to help employers combat absenteeism and tests can never be a substitute for a comprehensive drugs and alcohol policy aimed at supporting staff, and ensuring that no-one in the workplace is working under the influence of drink or drugs.' The TUC report warns that some employers may be using random drug testing to try to get rid of employees and avoid redundancy pay. It points out that the Information Commissioner's Code on workers' health information opposes most testing. The Code notes: 'Very few employers will be justified in testing to detect illegal use rather than on safety grounds.'

TUC news release. Drug Testing in the Workplace