Companies face legal risks for disciplining drugs tested staff
The head of the country’s main laboratory for drug testing said a lack of guidelines and legislation covering the area posed serious risks for businesses.
“Companies are operating in a vacuum. Add to this the fact that there has been no challenges to drug test results legally and it’s easy to see how complacency can take root,” said John O’Sullivan of Claymon Laboratories.
He told the Employee Assistance Conference in Dublin that the lack of legal cases to date is largely because most testing is done at pre-employment stage.
But he said there was a move towards post-accident testing and testing based on a reasonable suspicion, known as “with cause”.
Because of this, he said, there is an onus on companies to ensure all procedures comply with a written alcohol and drug policy.
“There is a danger that in the event of disciplinary proceedings or in some cases summary dismissal, the workplace drug testing may be tested in the courts and be found wanting.”
He said one way companies could avoid being hauled before the courts was not to summarily dismiss an employee with a positive drug test.
Mr O’Sullivan advised that companies should instead request that the worker go through an employee assistance programme, to address the alcohol and-or illegal drug taking.
He said a recent UN report found that Ireland had the highest use of ecstasy and amphetamine use, and shared the highest cannabis use, in western Europe.
“The demographic trend is towards a workforce where recreational drug use is commonplace.”
Mr O’Sullivan said it was important companies use specialist laboratories.
These, he said, adhere to international guidelines and have accredited status.
Anya Pierce, a toxicologist with Beaumont Hospital in Dublin, said the European Workplace Drug Testing Society had just produced guidelines for companies.
She said that the Legally Defensible Workplace Drug Testing guidelines provided a minimum set of standards for testing.
Stephen Rowan, director of the Rutland Centre, a residential treatment facility, said Ireland had a serious problem with addiction.
“Ireland is an addicted society. We, as a nation, continue to be in serious denial,” he said.
“As a nation we are drinking, drugging, gambling and bingeing our life away.”
He said there had been a 97% increase in public order offences between 1996 and 2000, mostly caused by drunken young men.
He said a 1999 study found that 25% of all admissions to the Mater Hospital in Dublin were alcohol-related and that over 50% of A&E admissions after midnight were due to drink.
He said that while most European countries had reduced their alcohol consumption between 1989 and 1999, Ireland’s had jumped by almost 50%.
