Driving employees to safety - Should you consider Drug & Alcohol Testing?

In today's workplace, ensuring the safety and well-being of employees is paramount. One critical aspect of this is the implementation of clear, appropriate and fair drug and alcohol testing. We explain when and why employers should conduct testing.

When Can Employers Conduct Drug and Alcohol Testing?

According to the “Being monitored at work: workers' rights: Drug testing - GOV.UK” guidelines, employers must have consent from employees to conduct drug and alcohol tests. This consent is typically obtained through a contractual health and safety policy or statement included in an employee's contract of employment. Employers should limit testing to employees whose roles justify it and ensure that the tests are conducted randomly to avoid discrimination.

Employers cannot force employees to take a drug test. However, if an employee refuses to take a test when there are valid grounds for testing, adverse inferences can be made, and the employee may face disciplinary action on grounds of failing to follow a reasonable management instruction. It is crucial for employers to have a clear and fair policy in place to handle such situations and ensure employees are aware of the consequences of failing to undergo a drugs test when reasonably requested to do so.

The results of any testing will be classified as sensitive personal data, and so the employer should set out in any privacy notice and data protection policy how the testing will be carried out, the reasons for it, who the data will be shared with, what it will be used for and for how long it will be kept. It is important that employers undertake a Data Protection Impact Assessment before introducing testing in the workplace. 

Why Should Employers Conduct Drug and Alcohol Testing?

The primary reason for conducting drug and alcohol tests is to ensure the health and safety of all staff, as well as, customers/clients, suppliers, other third parties, and the public at large. Driving is one of the most dangerous work activities, contributing to numerous work-related accidents and fatalities. Road safety statistics data for 2023 indicated a fatality rate of 396 individuals who were travelling as a part of their work.  By implementing drug and alcohol testing, employers can identify and mitigate risks associated with impaired employees, thereby protecting both employees and the public.

Employers have a legal duty to manage health and safety risks in the workplace. Health and safety laws apply to on-the-road work activities, and employers must manage these risks within a clear and comprehensive health and safety framework. Drug and alcohol testing is a crucial component of this framework, helping employers comply with legal requirements and avoid potential liabilities. These could include reputational damage if employees are caught drink-driving as a part of their work, legal action for vicarious liability towards any injured parties, and liability towards the employee for failing to implement adequate safeguards in their working environment.

Impaired employees can also negatively impact productivity and efficiency. Substance abuse can lead to increased absenteeism, reduced performance, and a higher rate of road traffic accidents during an individual’s course of employment. By identifying and addressing substance abuse issues, employers can maintain a more productive, efficient and safe workforce.

Employers who prioritise health and safety through drug and alcohol testing can enhance their reputation and public image. This proactive approach demonstrates a commitment to employee well-being and can attract top talent who value a safe and supportive work environment.

What Can Employers Do?

The CIPD provides valuable insights and recommendations to help organisations develop effective policies and support systems:

• Develop Clear Policies and Procedures: Establish comprehensive HR policies on drug and alcohol misuse. These policies should clearly outline the organisation's stance, the procedures for testing, and the consequences of policy violations. Ensure that all employees are aware of these policies and understand their importance.
• Support for Staff: Provide support for employees who may be struggling with substance misuse. This includes offering access to counselling services, employee assistance programmes, and other resources that can help employees seek the help they need.
• Social Events: Manage the provision of alcohol at work-related social events carefully. Ensure that there are non-alcoholic options available and that employees do not feel pressured to consume alcohol. Monitor behaviour and intervene if necessary to prevent excessive consumption. Always warn of the dangerous association between alcohol and driving and encourage safe methods of travel. Alternatively, plan for sufficient recovery time following any activity that may include alcohol. 
• Testing for Drugs and/or Alcohol: Implement a fair and transparent drug and alcohol testing programme. This should include clear guidelines on when and how testing will be conducted, ensuring that it is done in a non-discriminatory manner. Random testing can be an effective deterrent, but it should be conducted with respect for employees' privacy and dignity.
• Disciplinary Action: Clearly define the disciplinary actions that may be taken in cases of policy violations. Ensure that these actions are consistent and fair, and that employees understand the potential consequences of substance or alcohol misuse.
• Supporting Employee Rehabilitation: Encourage a supportive approach to rehabilitation for employees who admit to having an alcohol or substance misuse problem. Work with them to develop a plan for recovery, which may include signposting to specialist care and/or allowing time off for treatment and/or a gradual return to work.
• Further Information and Support: Provide employees with information on the risks associated with drug and alcohol misuse, as well as signposting resources for further support. This can include educational materials, workshops, and access to external support organisations.