Legal aspects of conducting drug tests

[fluffy]

Does anyone know what the legal inplications are of carrying out a drug test either on a indavidual or say the suspect powder/pill/weed etc? I know you can legally purchase chemical drug testings kits to identify the above mention drugs however is there any other legal equipment/tests kits that are legal to use on a person?
The above question is in relation to the following scenirio-
an employer has found suspect items in the workplace
an employer has found suspect items during a cosentual body search on a member of staff
a parent suspects thier child is taking drugs and has either found a suspect item or wishes to have their child tested.

[annie]

Legally i would say that testing your own family members is probably ok, testing punters in a club probably not, i think you'd have to go down the whole route of advertising the fact you carried out such testing, as in a workplce that does it has to inform staff members that they are liable to be tested randomly for drugs, which is becoming more common than you think. I think it would be very difficult to police that kind of thing in a club or bar and simpler to just turn someone away from the premises, which yes doesnt help the next club they try and get in but it does keep it out of your establishment.

That or informing the police you have someone you believe to be under the influence possibly may work as they have the powers to test them i believe.

It's a real tricky one and to be honest if you started testing customers before they entered your extablishment then you would need to double your DS staff to cope with it and how many clubs will pay for that.

Nobody an stop it 100% unless you test every single patron of a lub and all that would do would be to drive them away from your establishment so it wouldn't really matter anymore. It was bad enough when lubs started searching people.

But LEGALLY i think you may find that a tricky one, as it all comes under human rights ats and the like.

[annie]

PS i an spell but even though my letter c's show up in the type box they are missing from the post

[silverback]

Quote:

Originally Posted by annie PS i an spell but even though my letter c's show up in the type box they are missing from the post

i was wondering that annie

[80085]

Hi I found this article, it may be of help

There has been a significant rise in the number of employers testing for alcohol and drug abuse in the workplace, according to a survey in the national press. I am concerned that one of my employees is under the influence of alcohol or drugs during work time. What are the legal implications if I were to carry out alcohol/drug testing?

You should first consider whether a test is, in fact, necessary. If, for instance, you have reasonable grounds to suspect an employee is in possession or under the influence of drink or drugs at work, then a search of the employee or their possessions might be sufficient. However, be aware that carrying out searches also has legal implications.

If you conclude that a test is required, it is essential that your contract of employment gives you the right to request the employee to undergo the test. You should also pay close attention to the terms of the Information Commissioner's Code of Practice, as information derived from such tests is sensitive personal data for the purpose of the Data Protection Act.

Drug testing should only be carried out as part of a post-incident investigation where there is evidence that the worker's conduct has had some bearing on the incident.

To meet the Data Protection law requirements of adequacy and accuracy, it may be necessary to use a professional service with qualified staff to carry out the testing and interpret the results on your behalf.

You should ask yourself if obtaining information through drug testing is justified on health and safety grounds. As an employer, your concern will probably be to detect drug or alcohol use that places other employees at risk, but remember, this can arise from drugs that are legal as well as illegal. Tests should not generally be used merely to find evidence of the use of illegal drugs.

Will Clayton, employment law partner,
Hill Dickinson


Taken from

Weekly dilemma - What are the legal implications of testing staff for drugs or alcohol?
(19/08/2008)

There are also other links on that site that might be of use.

Regards

[James Mc]

For a drugs test to be entered as evidence, it must be analysed & tested in a registered lab.

Certain equipment is on the market, but must be used by a properly trained individual, i.e the roadside breath test machines that are used by the Police, however these alone can not be used as evidence as they only give an indication that the legal drink limit has been exceeded.

If you try to test anyone for drugs or drink, (we do, prior to anyone working in uniformed security as it states in our corporate statement) it is advisable to send them to a testing facility (you will be surprised how many there are).

Also, if you test someone in place, you are leaving yourself wide open to accusations of cross contamination, which might end up with you having to go with the Police & being tested yourself.

[R2700m]

So what you been up to???????????

[fluffy]

r2700m did you get outa slully ok?
no mate in regards to the post its prob more a p.i type thing,say you believe that your son /daughter is snorting the dancing dust but dont want police action just poss piece of mind ,or if you have a troublesum employee who you want shot of but for various reasons you cant as they will bounce you for unfair dismissal but in this case if you got them in work poss under the influence of drugs or found suspect drugs in a search.

[R2700m]

I see......No mate still here til 2m, touch wood flights still going out ok, you still got my UK number?

[fluffy]

rog r2700m email or pm me ya uk mob if the number ending 71 has changed mate
also thanks to all for replies some interesting facts
faugh a ballagh