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Legal drugs – are you safeguarding your employees ?
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SUZANNAH ROBIN , ALCOHOL AND drug safety expert at AlcoDigital , highlights the often-overlooked dangers of employees taking prescription and over-the-counter drugs .
It ’ s a scenario any employer could imagine . A trusted employee – let ’ s call her Ellie – has been absent with a slipped disc but is now back at work . She ’ s still in some discomfort , but she ’ s taking codeine tablets prescribed by her doctor to control the pain , and seems to have returned to her usual reliable self .
As an employee , would you question Ellie ’ s fitness to work ? The disturbing fact is that many bosses wouldn ’ t – yet by failing to implement a drugs and alcohol policy which includes testing for prescription and some over-the-counter drugs , they could be laying themselves open to prosecution , not to mention risking the safety of employees and customers .
If Ellie was a coach driver or a machine operator , the dangers are clear . Codeine is an addictive opiate-based substance which can cause drowsiness , even when taken at the recommended dosage . Under government rules which came into force in 2015 , it ’ s an offence to drive with legal drugs such as codeine in your body if those drugs impair your driving , whether they are prescription drugs or certain over-the-counter medicines . But it ’ s not just Ellie who could be liable for prosecution if she was found to be unfit to drive . Her employer could be scrutinised for breaching health and safety legislation , leading to fines or even a jail sentence for failing to take all reasonable steps to ensure staff members are fit to work .
THE LEGISLATION Drugs and alcohol testing is subject to legislation in certain transport sectors , such as the aviation , rail and shipping industries . Although there is no legal obligation for most other employers to adopt a specific testing policy , they do have a duty of care to maintain a safe working environment under the provisions of the Health and Safety at Work Act . If methods for detecting misuse are not implemented and an accident occurs , it ’ s clear that employers could be held liable . The risks are present in almost any working environment ; however , there are obvious ramifications for companies that employ commercial drivers or machine operators .
WHAT DRUGS SHOULD EMPLOYERS TEST FOR ?
It is no surprise that illegal substances such as cannabis , cocaine , Ecstasy and Ketamine should be included in any testing regime . Alcohol should also be tested for . But the implication of the 2015 UK drug-driving law is that other ‘ everyday ’ drugs which many think of as innocuous should also be considered . Legal drugs cited in the 2015 law include :
• Antihistamines such as Chlorphenamine , Diphenhydramine , Loratidine or Cetirizine
• Diazepam
• Morphine or opiate and opioid-based drugs such as codeine , Tramadol or Fentanyl
• Termazepam
As previously discussed , there is no law that states employers must test for these substances , whether or not their employees are driving or operating machinery as part of their role . But employers ignore the dangers at their peril . Along with prosecution and the immeasurable emotional impact of an accident , the damage to a company ’ s reputation if an incident occurs can be immense .
And it is worth noting that there doesn ’ t have to be an accident for legal drug-taking to impact negatively in the workplace – drowsiness and other side effects can lead to lower productivity , costly mistakes and absenteeism . A study in the US this year revealed that 71 percent of employers have been affected in some way by employees ’ misuse of legally prescribed medications , including opioids 1 . Yet the survey of 501 HR decision-makers found that 41 percent of those that drug test employees are not testing for synthetic opioids .
SETTING UP A DRUG & ALCOHOL TESTING POLICY
While many larger corporations have policies in place , smaller businesses may feel daunted by the sensitive task of setting up a screening procedure . However the process can be relatively simple and not as expensive as many imagine . Technological advances have transformed the quality and accuracy of testing hardware , and high-quality police-grade testing kits can now be bought at a reasonable price , offering instant and reliable results . It ’ s important that personnel are trained in the correct use of the kits and accurate interpretation of results , ensuring that any evidence provided is irrefutable if ever challenged in a legal action .
You may be wondering how employees react to the news that they are to be tested , whether that ’ s on a random or regular basis . In our experience , the vast majority of staff actually welcome the introduction of alcohol and drug testing , recognising that it ’ s in the interest of all employees and the company ’ s wider customer base . Many will be surprised to learn of the possible side-effects of common drugs like antihistamine or codeine , but again they understand the importance of securing a healthy and safe working environment for all .
During the last decade , huge progress has been made in terms of tackling illegal drug use and alcohol abuse in the workplace . Now it is time for employers to direct their attention towards the problems caused by legal drugs – problems which may be lesser known , but can have equally catastrophic effects .
1
How the Prescription Drug Crisis is Impacting American Employers . National Safety Council , 2017 .
AlcoDigital Ltd has been helping individual , corporate and governmental organisations find the right solution to their alcohol and drug testing needs for more than 12 years . For further information visit www . alcodigital . co . uk
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