Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Are these intended to be open or covert tests?
whilst there is nothing stopping you from proposing to undertake drug tests in the workplace, if the employees refuse to undergo these tests, you cannot force them to, especially as there is nothing in your contract saying they have to agree to such tests. A drugs test is an invasion f privacy and can only be done with the person's consent. Usually, if they had unreasonably refused to undergo such a test when you had the right to ask them to under contract, you could treat this as misconduct, especially if there was evidence that they had taken drugs. However, in the absence of a contractual clause on drug tests all you can do is go by whatever other evidence you have and follow a fair procedure, in terms of conducting a reasonable investigation and then holding a formal disciplinary, remembering that you would need at least some evidence to take a formal decision against them
if i ask them for their consent and they give it, on providing a possitive result can i them issue them with a verbal or written warning or will this still mean nothing due to it not being in the contract.
if they consent and you have the results you can take disciplinary action if necessary, but you have to consider what impact this has on their work - just because someone is taking drugs in their own time and it does not affect the business in any way, does not mean you can discipline them, especially if there is nothing regarding taking drugs outside of work in their contract
The problem i have ben is that the companies we sub contract to have a zero drugs tolerance due too the nature off our works.
you can use that as a reason, it would be more of an issue if you wanted to discipline them for work they did with you, but if you subcontract and have rules that you need to adhere to from the client's point of view then these can be taken into account when taking action, especially if a client has instructed you to remove someone from site as a result
I am led to believe that in some cases their drug taking is starting to affect their work, and is it right that they are coming to work after taking drugs the night before, i need as a company to find a way to stamp it out before it affects my company reputation.
if it is affecting their work then you do not need a contractual policy to take action but you would need some evidence to take formal action . I suggest you try and introduce a new policy in their contracts so try to get their agreement first
Thanks Ben youve been very helpful.
You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).