What Happens If You Fail A Drug Test At Work?

Random drug testing is becoming more commonplace in British businesses. Employers may be able to drug test staff where there is a legitimate, proportionate reason and an appropriate workplace policy.

A positive drug test result at work is a serious matter. The good news for you though is that, even if you fail a drugs test at work, this may not result in you being sacked on the spot.

Contents

• Your Rights As An Employee
• For How Long Drugs Stay in Your Body?
• Why You Could Be Tested
• Rehabilitation and Return-to-Work Programs

Your Rights As An Employee

Employers cannot simply force staff to undergo drug testing because they suspect illegal drug use. Testing normally requires the employee’s consent and should be justified, proportionate and consistent with a clearly communicated workplace policy. Refusing a test may have employment consequences in some circumstances, depending on the contract, policy and reasons for refusal.

Businesses who want to drug test their employees should have a clear drugs testing policy in place beforehand. This policy should be communicated to staff, for example in their contract or staff handbook.

The company drugs policy should state why the drug screening is taking place and the potential consequences facing an employee if they fail a drug test.

Understanding the full legal framework around workplace testing is crucial for both employers and employees. For a more detailed examination of your rights and employer obligations, see our guide on the legality of drug testing in the workplace.

For How Long Drugs Stay in Your Body?

Employers use three types of drug test to screen workers for drugs: urine drug tests, saliva drug tests and hair drug tests.

If you take a drug test at work, you may be asked to give a sample of urine which will then be screened for drugs of abuse. Detection times vary according to the substance, amount and frequency of use, individual factors and the test cut-off. Some substances may be detectable for longer than a week.

Drugs such as cocaine and MDMA may be detectable in urine for several days, although the exact period varies. Cannabis can be detected for longer periods, sometimes several weeks after last use in frequent users.

A saliva drug test is commonly used by employers as it can detect relatively recent drug use. The window of detection with a saliva drug test is generally shorter than that of a urine test, often ranging from hours to a day or two, depending on the substance and test. A positive saliva result does not by itself prove that an employee was impaired at the time of testing.

Another option is for employers to take a sample of hair for drug testing. Although less common than urine or saliva drug testing, hair testing can provide a longer retrospective window, often around 90 days when a suitable length of scalp hair is analysed. It does not establish whether someone was impaired at work. Alcohol testing in hair requires different markers and interpretation, rather than the same test used for drugs.

Why You Could Be Tested

There are multiple reasons why you may be subjected to a drug test. One such reason is if your behaviour or performance at work has notably changed. If you have been displaying signs of impairment, such as speaking with difficulty, wavering movements, or frequently being absent or late, your employer might opt to conduct a drug test in order to guarantee workplace safety and productivity.

For employers wondering if an employee might be struggling with substance abuse, our article on recognising signs of employee substance abuse provides valuable guidance on identifying warning signs and appropriate intervention strategies.

In addition to this, if your job entails operating heavy machinery, handling dangerous materials, or dealing with sensitive information, it is likely that your employer has implemented a rigorous drug testing policy as a way to reduce the chances of accidents occurring, prevent injuries, and avoid potential security breaches. Random testing is most commonly seen in environments where staff are in critical roles such as vehicle drivers, or people working in the personal care system such as nurses.

Certain industries maintain particularly strict testing protocols due to safety concerns. The construction industry, for example, has specific regulations regarding drug testing due to the high-risk nature of the work. Learn more about drug testing in UK construction and the relevant laws.

Commercial drivers face even more stringent requirements, with specialised testing protocols and legal frameworks. For information specific to commercial driving positions, see our guide on HGV drivers drug testing laws and rules.

Furthermore, some employers utilise drug tests as part of their employment screening procedure. The purpose of this is to make sure that potential hires do not have any issues regarding substance abuse that could impede their work performance or pose any safety risks for themselves and others.

In addition, the implementation of random testing can act as a deterrent. Employers hope to discourage substance abuse in the workplace by establishing a program that randomly selects employees for drug tests. The fear of being chosen arbitrarily may motivate workers to abstain from drug usage or seek assistance if they are struggling with addiction.

It is also important to acknowledge that drug testing policies and procedures vary between organisations. While some employers opt for urine testing, others may employ saliva, blood, or hair samples. Additionally, the frequency and methods of testing can differ based on company policies and job requirements.

The rise of drug testing isn’t limited to traditional industrial or transportation sectors. Professional services environments are increasingly implementing testing policies as well. Our case study on alcohol and drug testing in professional workplaces examines how firms like Lloyd’s of London have implemented comprehensive substance policies.

Regardless of the reason behind conducting testing, it is crucial to approach this procedure in a professional and understanding manner. Drug testing should balance workplace safety with employees’ privacy and data-protection rights. If you are selected for testing, check your employer’s policy and ask how your sample and results will be handled.

Ultimately, drug testing acts as a valuable instrument aimed at fostering a workplace free from drug influence while ensuring the safety of employees and upholding the organisation’s integrity. By adhering to these policies and actively supporting a culture that rejects drugs, employees significantly contribute towards cultivating an environment of productivity and prosperity.

Many organisations are discovering multiple benefits from implementing workplace drug testing programmes. From improved safety to reduced absenteeism and healthcare costs, you can explore the 10 key benefits of workplace drug testing in our comprehensive guide.

Before taking disciplinary action, employers should investigate the circumstances fairly, including whether an initial non-negative screening result requires appropriate laboratory confirmation.

If the company investigation shows that a clear rule existed and a fair process was followed, disciplinary action, including dismissal, may be possible depending on the circumstances. A positive result alone does not automatically justify dismissal.

Different companies have different policies. Being under the influence of drugs whilst working may constitute gross misconduct, particularly in safety-critical roles, but dismissal is not automatic and a fair procedure should be followed.

In some cases, if it is proved that an employee has a substance abuse problem, the employer may decide that sending them to a specialist for help and assistance is a preferable option.

Drug and alcohol dependence are recognised health problems. Employees should be treated fairly and their personal information handled confidentially, but the precise legal protections and employer obligations depend on the circumstances.

Employers need to consider whether drug and alcohol misuse in the workplace is a disciplinary matter, a health concern or both. Offering support may be appropriate, but there is no universal legal requirement to provide rehabilitation before dismissal. An employment tribunal will consider the facts and fairness of the process in any unfair dismissal claim.

Rehabilitation and Return-to-Work Programs

Many forward-thinking companies now offer rehabilitation and return-to-work programs for employees who fail drug tests. These programs recognise that addiction is a complex issue, often requiring professional help. Here’s how they typically work:

1. The employee enters a treatment program, which may include counselling and medical support.
2. The company provides a leave of absence, allowing the employee to focus on recovery.
3. Regular check-ins and progress reports keep both parties informed.
4. Upon successful completion, the employee returns to work under certain conditions:
   • Frequent follow-up drug tests
   • Ongoing counselling or support group attendance
   • A probationary period with close supervision

These programs benefit both the employee and the company. They give valuable workers a second chance while promoting a supportive workplace culture. However, they’re not suitable for all situations, especially in safety-critical roles or cases of repeated offences.

If you’re an employer who suspects staff members might be using drugs, our guide on how to handle suspected workplace drug use provides practical advice on next steps, including testing procedures and appropriate management approaches.

For a comprehensive overview of workplace drug testing in the UK, including implementation guidelines and best practices for employers, visit our workplace drug testing guide.

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