A Comprehensive Guide to For Cause Testing

This guide should only be used if an organisation has a comprehensive drug and alcohol policy that includes For Cause drug and alcohol testing and the policy has been regularly communicated to employees.

A blanket statement within a contract is not sufficient to cover drugs and alcohol testing and all employees should know and understand the consequences of being found to be impaired at work.

For organisations wishing to implement a policy and testing programme, we always recommend that employees and Trade Unions should be consulted prior to implementation. 

Noticing impairment in an employee

Colleagues (and perhaps clients) may be the first to spot that an employee is impaired at work rather than a manager. It is important that employees are not subjected to drug and alcohol testing based on rumours. Managers and HR professionals should ensure that any concerns about an employee are suitably documented. They should ask about the incident including:

• What happened?
• When did the incident take place?
• Were there any other witnesses?
• Was this a one-off or regular occurrence?

Observations

The behaviour should be reported to a senior manager and it is recommended that any observations are noted down such as:

• Unusual smells 
• Slurred speech 
• Dilated or constricted pupils
• Erratic behaviour
• Other unusual behaviours.

Observations should be noted down and there should be no attempt to diagnose the behaviour. 

Employees working in Safety-Critical areas 

If the employee is working in a safety-critical environment, management and/or HR may consider removing the employee for safety reasons and ask them to wait in a secure area such as an office or meeting room. The employee should not be left alone. 

Assess the situation

Management and/or HR should make a decision whether or not there is reasonable suspicion to carry out third party For Cause testing for drugs and/or alcohol misuse. 

Should it be decided that For Cause testing should be carried out, a senior manager should call the third party testing organisation. 

Meet with the employee

Management and/or HR should meet with the employee to explain what has been observed and that For Cause testing will be carried out by the third party testing organisation. It should be clearly explained that For Cause testing will take place to rule out the possibility that the employee may be in violation of the company’s Drug and Alcohol Policy. 

The third party testing company must ensure that they obtain the employee’s consent before any testing is carried out in line with EWDTS guidelines.

The employee has the right to refuse to consent but this may lead to disciplinary action in accordance with the company’s Drug and Alcohol Policy and Disciplinary Policy. 

Testing Procedure 

Management and/or HR should call the third party testing organisation to request a For Cause test. For Cause tests should be carried out as soon as possible and within 2 hours of the call to the third party testing organisation.

Sending employees home

The employee should not be allowed to drive home if they are suspected of being impaired. The organisation must ensure that the employee is driven home, collected by a responsible person or takes a taxi home. It is recommended that the organisation pays for the cost of this journey. 

Employees refusing to take the test 

If an employee refuses to be tested, the employer should refer the employee to the Drug and Alcohol Policy and, in particular, the consequences for refusing to take a test.  

If the employee refuses assistance to return home and attempts to drive themselves, the employer should make a note of the vehicle registration and contact the Police to report their concern that the employee may be driving impaired.

Waiting for test results

The company Drugs and Alcohol Policy should state what is expected of the employee following a test. 

Organisations might state the following:

• Employees remain off work with paid leave until the results are received from the laboratory
• Employees remain off work with unpaid leave until the results are received from the laboratory
• Employees are redeployed in another role until the results are received from the laboratory. 

Responding to negative test results

In the case of negative test results, the employee should be informed as soon as possible and arrange for them to return to work. 

Best practice would be to pay the employee for any time off work. 

Responding to positive test results

The company Drugs and Alcohol Policy should state what may happen in the event of a confirmed, positive test. The organisation should ensure that this policy is followed consistently so that all employees are treated equally.

The organisation may respond with some of the following outcomes:

• Refer an employee to a GP/rehabilitation service.
• If the organisation has an Employee Assistance Programme (EAP), the employee should be provided with the contact details regardless of whether the employee will continue to be employed by the organisation.
• The organisation may offer an employee a final agreement which would allow an employee to receive counselling and/or treatment and return to work with the understanding that their employment might be terminated if they produce a positive test for drugs in the future. The employee may also be subject to an increased testing regime for a set period of time.
• An organisation has the option to terminate immediately for confirmed positive test results if this is common practice, policy or precedence. Organisations may wish to seek legal advice on how to proceed.

For further advice, please contact info@odiliaclark.com