Workplace drug testing is a vital way of maintaining safety, productivity, and employee well-being. As a UK employer, you must understand drug testing procedures, legal requirements, and employee rights.

When an employer receives the results of a drug test, it is important to take the appropriate action to ensure employees are fairly treated, and that the organisation does not contravene applicable legislation.

Check All Your Information

The first step in addressing workplace alcohol or drug testing results is to make sure that all the information on the result certificate is correct.

• Does the certificate correctly identify the individual who was tested?
• Is the collection date correct?
• Has the sample been tested for the correct drugs?

What Does a Positive Alcohol or Drug Test Result Mean?

It’s important to understand what a positive drug or alcohol test can tell you. And what it can’t. There is often a temptation to read too much into a drug test result.

A positive drug test result does not indicate that the individual is currently impaired. It cannot tell you how much drug the individual has used nor when the drug was taken.

Further information and confirmation testing is usually required to understand the specific circumstances and concerns. A result with a positive outcome will most likely have been reviewed by a Medical Review Officer, which can help to rule out a result that could be explained by the use of medication or passive exposure.

All that can be determined from a positive drug test result is that the individual has used the drug in questions, which may be in contravention of the workplace drug and alcohol policy.

Minimise the Immediate Risk

Testing is carried out to reduce the risks to the organisation from drug and alcohol misuse. A positive test result highlights an individual who poses an increased risk. It is important to have a plan in place in the event of a positive drug or alcohol result and handle it effectively to minimise and manage the risk that the individual poses. As an employer you should be ready to put a plan in place to minimise risk, with steps including:

• Determine the individual’s location
• Determine if they pose an immediate risk, e.g.
  1. if they are currently carrying out a high-risk procedure
• Work out how to safely and discreetly remove the person from the workplace
• Notify necessary personnel only and keep communications confidential

Investigate The Results

If an employee fails a drug or alcohol test result, the employer should follow the drug and alcohol and HR policies and processes. It is important that a thorough investigation is carried out to determine if there are any mitigating factors to be considered with the individual in question. Each case must be taken on its own merits.

As part of the process the individual may come forward with explanations for how drugs have come to be found in their samples. While alternative explanations will already have been considered during the medical review process, it is important not to dismiss their explanations out of hand without properly investigating them.

What Action to Take

A further consideration as part of processes and procedures is to determine what actions and measures to take in dealing with the individual. Dismissal is not necessarily the most effective measure in reducing risk to the organisation.

Other measures, such as employee awareness and education, redeployment to a non-safety critical role, or enrolment in drug addiction treatment may all be alternatives. The appropriate action for each case may be different and the decisions for each case should be taken on its own merits.

Workplace drug testing in the UK is an important tool in managing safety and productivity, but employers must have a legitimate reason for carrying out these tests.

Industries like rail or maritime, construction or oil and gas workers may require drug testing by law. These should be conducted fairly and consistently and according to documented process and procedures.