FEATURE
Advice – Shak ’ s company , for Drug & Alcohol Testing Services ( DATS ), provides industry-specific substance and alcohol misuse testing .
We understand the problems that brings and the risks it creates , so we ’ re working with employers to provide soundly based advice and training , and the skills to tackle these problems .” things in-house . He says : “ There ’ s a perception among some that screening in-house is sometimes the answer but in our respectful view , that is fraught with danger and organisations find themselves increasingly facing complaints and / or litigation for an abuse of process , unfairness or bias in one respect or another .
“ The allegations we often see between employee and employer are such that the complaints are usually about being targeted by the employer , or that the process is unfair , or some other form of prejudice .
“ But by having up-to-date policies and using an independent company , organisations can manoeuvre around these difficult areas and ensure an open , fair and transparent approach .”
Shak says the constantly changing legislative landscape can be a minefield for employers , making their existing drug and alcohol policies far from robust .
He says : “ There are several inherent weaknesses in substance and alcohol misuse policies , not least because some of the policies presented to us did not contain reference to , and advice on , for example , drug-driving legislation introduced in 2015 , the Psychoactive Substances Act of 2016 or the potential changes to the law with regards to certain medicines which will be categorised as class A drugs as of May 2024 .
“ Failures to implement and rely upon policies which meet current standards leaves employers exposed to weaknesses in their approach and application toward tackling misuse in the workplace .
“ For example , with regards to the 2015 drug-driving legislation , eight prescription medications are now outlawed if used excessively by the driver of a vehicle on a public highway .
“ Many employers do not know that there is such a burden and if they don ’ t know that such a burden applies , they cannot reasonably risk-assess those who are taking those eight medicines and ensure their drivers are safe to do so .”
Through its combination of management and leadership training , along with its screening services , Shak says DATS helps organisations have a consistent way of dealing with misuse in the workplace .
Over the years , the firm has amassed more than 100 clients , ranging from small SMEs to large corporations with national identities .
They include the Northern Lighthouse Board – the general lighthouse authority for Scotland – and Network Rail , with DATS the only company on Teesside that ’ s Network Rail-approved .
But what does calling DATS in entail ? Shak explains : “ Typically , an organisation will get in touch because they will have a number of concerns , quite often about individuals presenting themselves at work under the influence of illegal substances and / or alcohol .
“ We ’ d then have a conversation about the various strategic steps they can take as a business to address and combat misuse in the workplace .
“ Quite often , we will start any advice based on their current policy and will advise the client on whether the policy itself is robust enough to meet today ’ s challenges . If it isn ’ t , we will recommend the organisation undergoes a policy review service .
“ With testing , we deal with everything from cocaine misuse to people testing positive for opiates – then we send the samples to the lab , which can disclose all sorts of medication they ’ ve not disclosed . We ’ ve seen lots of cases where people are taking medication other than prescribed and against doctor ’ s wishes .”
And , stresses Shak , that can have consequences not only for the employee ’ s safety and performance but their colleagues too .
He adds : “ The difficulty employers have faced over the years is largely down to having substance and alcohol misuse policies that aren ’ t fit for purpose and don ’ t meet current standards – and then to compound matters , even when they do have policies that meet current standards , employers don ’ t know how to interpret them .
“ They often find it difficult to deal with real-time events involving substance and alcohol misuse in a consistent , fair and transparent way .
“ We provide bespoke services to ensure service delivery by them is fair and legal .”
Visit drug-alcoholtesting . co . uk
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