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| Employee Drug Testing | ||||||||||
| Drugs & Alcohol at Work – Complying with the Safety Health and Welfare at Work Act 2005 |
| Drugs & Alcohol Conference 22nd September 2010 |
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The Safety Health & Welfare at Work Act 2005 took effect on 1st September 2005. Section 13 of the Act contains a provision for drugs and alcohol and states that an employee shall while at work:-
If reasonably required by his or her employer, submit to any appropriate, reasonable and proportionate tests under the supervision of a registered medical practitioner who is a competent person as may be prescribed. The Health and Safety Authority Programme of Work for 2008 includes the development of proposals relating to intoxicants and medical fitness for duty. Directors Responsibilities It is the Employer’s responsibility under Section 80 of the Safety Health and Welfare at Work Act 2005 and the Employment Equality Act 1998/2004 to identify all workplace behavioural hazards (including workplace intoxicants, defined as drugs and alcohol) and to assist their employees through risk management assessments in finding and implementing the appropriate solutions. From the 1st of Sept 2005 Employers may prevent an employee from working if he or she would be a danger to themselves or others due to being under the influence of an intoxicant (defined as drugs or alcohol). Employee Responsibility – Drug Testing Submit themselves to any reasonable tests by a competent person in connection with intoxicants (guidance pending from the Health and Safety Authority). |
| Publications |
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In the December 2008 issue of Health & Safety Review the Health and Safety Authority outlined its position on Drug testing regulations (PDF) The same issue outlined the Union’s agenda on employee drug testing (PDF) The EAP Institute has developed Drug and alcohol policies and procedures (PDF) The European Workplace Drug Testing Society (EWDTS) have issued guidelines on legally defensible workplace drug testing EWDTS Guidelines In a recent HRD Ireland article Maurice Quinlan outlined what needs to be in place to ensure compliance with Section 13 of the Safety, Health & Welfare at Work Act 2005. |
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