Do employees have the right to refuse to participate in a drugs test if not provided for in their contract of employment or a company policy?
Posted in : First Tuesday Q&A NI on 7 November 2017
Chris Fullerton
Arthur Cox
An employer has a legal responsibility to look after their employees’ health and safety at work as far as is reasonably possible. As well as causing ill-health, drug misuse increases the chances of accidents at work and interferes with how much work is done.
An employee can't be made to take a drugs test, but if they refuse when an employer has good grounds for testing under a proper occupational health and safety policy, the employee may face disciplinary action as a result. Employers are therefore advised to have a suitable policy in place on the issue. The policy could be drawn up between the employer and staff, or staff health and safety representatives and should preferably set out:
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Chris Fullerton
Arthur Cox
The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com
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