Alcohol testing at work

One of our managers wants to introduce alcohol tests for workers in his department, a warehouse with the usual fork lifts, handling equipment etc.

Does anyone know if this is lawful, or have any experience of similar policies?

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Comments

  • SP13SP13 ✭✭✭

    I think he should get some thought police in there too.

    Sounds pretty extreme to me unless he has a jolly good reason.

  • It is if in the contact for the employee's. If it just says you can't get drunk at work not sure.
  • If so, I would think that it can only be done in consultation with staff.

    Ask your union rep, he (or she) should know.

  • I think the employer have a right to test employees for alcohol and drugs.
    If you using fork lifts and have been drinking the night before, then your awareness
    can be reduced and can be quite dangerous and risking an accident.

    I would guess the manager would have look into this or they wouldn`t go ahead
    and tell the employees.

  • I have worked trackside on both Network Rail and London Underground and have been tested many times.. But it was in my T's & C's when I started
  • Pretty standard in phamaceutical manufacture.
  • nowt wrong with being pissed in work image
  • Pretty standard in construction industry too Mr P.  In fact, we are randomly tested about twice yearly and if found to be positive it's instant dismissal.  I would think it is legal - in todays 'elf & Safety Culture can't imagine a drunken forklift driver being tolerated - it's a no brainer.  Have a word with your union on the legality side (if you're allowed to be in a union!).  I have also worked on sites where even having an unopened bottle of alchohol on site is a sackable offence.  
  • Depends on your company policies, which form part of your terms and conditions.

    I know that where i work a test can be carried out, but only if the manager has reason to suspect that alcohol or drugs are affecting the employee at work. So here they aren't routine, but if the policy was phrased such that they were, then you'd not have much cause to refuse.

    If it is a change to the policy, or this is a localised issue (ie one manager, or department, not a company wide change) then you might have more reason to be upset. Find your temrs and conditions and have a really good read first.

  • we had a policy of not counselling clients who are drunk etc but cant remember seeing owt about us counsellors-lol

    done my new work whilst tipsy

  • This is a grey area and employment laws don`t cover alcohol and drug use.
    But employers can use laws such as health and safety round this.

    Turning up for work under the influence of alcohol or drugs can be a sackable
    offence because you are suppose to be fit and ready for work.
    Under the health and safety at work act, the employer have a duty to take action
    if an employee`s behaviour is putting themselves and others at risk.
    On the other hand, if an employer imposes testing for no good reason, they could be
    liable to prosecution from the Information Commissioner.

    I think the employer have the right if its in their interests and for the business.
    But the law doesn`t have any scope and can only be used around other laws which
    suits the employer. Check with personnel, the union or citizens advice.

  • JWrunJWrun ✭✭✭

    They can introduce it if its for a valid reason - i.e. you can't drive a forklift safely after a night on a massive pi55 up, but they have to consult and issue contract amendments to you all stating this is the way forward.

    This is what we've had to do at my place for new site regs.

  • HASAWA 1974 Section 7 - Employees' duties

    Are they worrying about all those christmas parties?

  • Worth pointing out that if your driving a powered fork lift or any other machinery and you have a accident, if the police or H & S get worried you can still be done just like if it was on the road after a Breathalyzer but with a slightly different charge legally. So very stupid thing to do. As well as being bad for endangering everybody else.
  • Is there a problem with drunken forklift drivers at your workplace Mr P or are you worried they may start introducing it for office staff as well (step away from the red wine bottle.............!) image
  • well I don't work for this bloke, but no doubt if he has his way it will become company policy.

    I just don't think that his motives are  the positive ones of ensuring a safe environment for everyone, but that he's a bit of a dick trying to raise his profile with a big bang, and some poor sod who fails whatever level he sets will be out of a job.

    I suppose it could be an instruction from our insurers as well?

  • hmmm If there is no need for it, you'll be throwing away money. I also don't think 'He' should set the level, what does 'He' know about blood/alcohol levels??

    Will health and safety have a say in this? becuase surely this should come from them?

  • Hmmm...... i see where you're coming from but having worked under such conditions for many years I guess I just see such things as "normal".  I would never consider going to work if I suspected I was over the limit in any way shape or form - it's just not worth it.  So, to me, there is no level for alchohol/drugs - it is zero tolerance.  Mind you I've never understood why we have an "over the limit" for driving with alchohol in the blood.  Why isn't it just zero tolerance?  If you are going to drive do not drink at all.....
  • Some people have small amounts of alcohol in their blood because of their biochemistry, nothing to do with drinking thats why the limit can't be at zero.

    I'm with you, if your going to drive don't drink at all.

  • some of my clients are companies that offer the testing, legal and counselling services for workplace drugs testing - it is now very big business for the companies doing this and is growing

    as has been pointed out it is commonplace in industries where it would be hazardous to work whilst under the influence of a drug - nuclear industry, construction, transport, etc etc.
  • SP13SP13 ✭✭✭

    I can feel that I'm in the minority here, but if the company has hired people then surely they trust them to be sober and clean at work. After all, they have interviewed them and had references.

    Alcohol and blood tests seem a bit "big brother" to me. Next step - cctv everywhere (oops - that's done) and bar coding people.

    It just sounds like control for the sake of it.

  • I personally don't see the worry with this..........

    having worked in places where men would drink lunchtime and come back to work I would welcome tests. If your working you should be alcohol and drug free otherwise your puting other people at risk or in the least not performing as well......

    control is needed because not everyone will do the right thing.......

    agree with others if driving then zero tolerance.

  • Teachers T and Cs ar clear on this.. if they turn up under the influence, they get sent home. Whether it is merely, misconduct, or Gross misconduct depends on what they did to cause it to come to light.
  • I think this came up at work a year or two back but they then realised that they would end up having to sack most of the senior Partnersimageimage so the idea was dropped.
  • AS am employer, I think it is reasonable for me to expect my staff to be in such a condition as to discharge their duties in the manner for which I pay em.

    Same applies to me. image

  • completely wrong there SP - it's not a control thing but a safety thing especially where people are iether in hazardous environments or in control of large numbers of people where a simple lapse in judgement due to drugs can have dire consequences

    trusting someone to be sober and clean at work is an ideal but unfortunately reality doesn't operate like that.

    and references these days mean little as many companies will not give references on staff bar the minimum required (job title, dates of employment) in case the departing employee objects to a negative reference and sues for defamation which has been known.
  • SP13SP13 ✭✭✭
    I agree - they should absolutely be sober and clean. Absolutely. Do you need to test them though?
  • how else do they prove they are clean??
  • SP13SP13 ✭✭✭
    can't you see by the way they work and behave? Do they really need to wee in a cup?
  • PodroPodro ✭✭✭
    Mrs Podro gave me a liver function test recently becuase she thinks I drink too much. My results were better than hers so it has been party time ever since image.
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