Drug testing at work

You may think you can do drugs and it won’t affect your work. Your boss, however, may think differently. But can they make you take a drugs test? And what happens if you refuse?

(Obviously)

Can my boss make me take a drugs test?

First things first: get out your employment contract and check if there’s a clause about drugs tests. In some industries, like the railways, drugs tests are mandatory.

If it says anywhere in your contract – or company handbook – that they can spot-test you for drugs then you’ve got to comply. Refusing one could be seen as breach of contract and you could be fired for gross misconduct.

If it isn’t in your contract and they ask you for a drugs or alcohol test, refusing still may lose you your job. It could be seen as refusing to comply with a reasonable request from your employer, which could breach the implied condition of your contract.

So – in short – if your boss asks you to take a drugs test, it’s going to be hard to refuse. But they have to get your consent before they test you.

What if they’re only asking me?

Ahh, now this can change things. Employers should only randomly test people — unless you’re in a job where being on drugs could have severe consequences, i.e. you’re off your face on MDMA and about to operate on someone’s heart.

Employers can’t test you just because they think you’re up to something. So check to see if your test request is legit.

Can I refuse to take a drugs test?

It’s a free country, and no one can force you to do anything. However, if you refuse and your employer has reasonable grounds to ask for one, then you may get into trouble – even fired.

Forcing employees to take drug tests could be potentially challenged as a violation of privacy under the Human Rights Act – although there are no notable cases to date.

Can I cheat in a drugs test?

Short of shaving your head, or having a ready supply of infant wee to hand, there’s no sure-fire means of cheating a test. There are many products on the market that claim to beat the test, mostly by adding masking substances to your urine sample. However, the means of detection is increasingly sophisticated, so what might work one day might fail badly the next.

What if it comes back positive?

There’s lots of debate over the accuracy of drug test results. If you really haven’t taken drugs and your test comes back positive, it’s time to have a serious talk with your boss, and if they’re not listening, get some legal support.

Testing positive for drugs doesn’t automatically mean dismissal. Your employer may decide to shift you to another part of the company if safety is an issue. They may even offer you help and support – especially if you’re more than a recreational user. The best ammunition against a positive result is to be a star employee that they just can’t live without!

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