Random Drugs Tests at Work: Case Study

Working rights is such a vast topic because not only is there the ‘official’ working rights – such as legal rights, discrimination laws and employee handbooks – but there are also ‘implied’ working rights that can work both for and against the employee.

This is reflected in the situation that Dave Drury, 42, found himself in recently and he was keen to get some advice to see where he stood in terms of working rights. Dave works for a national transport company and has been employed there for over 17 years.

Dave told us, “Over the years I have worked for the company I have seen a number of changes. I am keen to make sure that I work within the rules and regulations of both the industry and the company, but sometimes it can seem like things are changing so quickly I can’t keep up. I am concerned that a recent request may go against me, but this is a recent change and I am not sure how to handle it.”

The Introduction of Random Testing

Dave had recently been informed that the company was starting random drug testing throughout the organisation, with instant dismissal for anyone found to have any trace of illegal substances in their blood stream. While Dave is not a heavy drug user, he occasionally smokes cannabis.

Dave continued, “I am far from being a regular drug user, but I may smoke a joint about once every month or two. I’m always careful to just keep it to a Friday or Saturday night, so there is no chance of any influence at work on a Monday morning.”

The concern for Dave came when he was informed that the random drugs tests were exactly that – random – and could take place at any time.

Dave explained, “I was more that happy to give up my occasional joint for the sake of my job, but I was really worried that my first random drugs test would take place before my last joint had left my system.”

Dave decided to get some practical advice, both in terms of how likely it was that the cannabis would leave his system and whether or not he was entitled to any notice prior to his first test.

Finding Out Information

He was informed that finding traces of cannabis varied dramatically from person to person, with a number of issues that can affect the test, including your weight, the amount and regularity of your habit and the strength of the cannabis. Dave also checked the legal enforcement issues, finding that, while UK companies must have a clear policy on random drugs testing if they plan to test their staff, it must comply with certain regulations, such as being totally random (so an individual cannot be targeted for testing) and it is not legally enforceable.

“I was pleased to hear the legal side of the random drugs testing issue, but I was also keen to make sure that I was not jeopardising my job by making things awkward," said Dave."I found out that because I had only smoked one joint every once in a while, it was unlikely that traces of cannabis would be in my system for more than 10 days. I decided to sit tight and, if I was called for a test, would explain my situation clearly. As it turned out, I have not yet been tested, but I have given up my occasional joint.”