The testing should be carried out according to the company's policy by a
competent trained person. If you carry out the testing you could be seen as
the bad guy for finding a non-negative result (you can't say positive, it's
just not negative!)but then the company will refer them to you for referral
to a counsellor and on-going support; that's where the conflict of interest
comes in. The misuse of alcohol or drugs is not a medical issue, it is a
safety issue. The whole point of testing is not to judge or tell employees
what to do with their own time however once they are on company premises
they must be safe to carry out their work tasks without endangering
themselves or others.
It would be interesting to feed back to us when you have done your module on
Legal and Ethics in Occupational Health with reference to alcohol & drugs!
Bernadette
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf
Of Lorna Huggon
Sent: 02 November 2012 10:13 AM
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] random alcohol testing
Thank you all for your advice on the alcohol issue. Bernadette I have just
this minute sent an email to HR explaining that their policy is not robust
enough to stand up in a court of law. HR believe that as i was on site at
the time then I should be the one who declares the employee fit or not fit
for work as i am "medically trained" . Forgive my ignorance why would it be
a conflict of interest this would help me explain my situation. As i said in
my first posting i am about to start my second module on Legal and Ethics in
Occupational Health nursing for my diploma I think i have just found the
subject to write about !!
Thanks again all
Lorna
On 11/2/12, Bernadette McCoy <[log in to unmask]> wrote:
> Hi Lorna,
>
> I would suggest you get expert advice on this as it is not a medical
issue.
> Hampton Knight are a company that will help you with the policy,
> training of employees and managers. Your policy needs to be robust
> enough to stand up in a court of law. Occupational Health should not
> be carrying out the testing as it then becomes a conflict of interest.
> The employee may need to be referred to occupational health for a
> referral to a counsellor and on-going support. The contact at Hampton
> Knight is Martin Hughes - 01827 65999.
>
> Hope this helps.
>
> Bernadette
>
> -----Original Message-----
> From: [log in to unmask] [mailto:[log in to unmask]] On
> Behalf Of Lorna Huggon
> Sent: 01 November 2012 10:59 AM
> To: [log in to unmask]
> Subject: [OCC-HEALTH] random alcohol testing
>
> Hi List
>
> Please can you give me advice on the following: I have an employee who
> has recently returned to work after an alcohol related absence. I have
> been asked to randomly test this man by HR(agreed with union).
> However, nowhere in the company drug and alcohol policy does it state
> acceptable levels ie zero tolerance or under drink driving limit. A
> colleague and I are currently reviewing this policy. Any help with policy
reviews would be helpful.
>
> On reading some other D+A policys it is suggested that it is the line
> managers duty to complete the test and refer to HR if test is
> positive, who will then refer to occupational health for advice. Im
> not sure where i stand legallly on this, but as my next module in OH
> diploma is on legal and ethics in Occupational Helath this might be a
> good subject to choose!!!!!:0
>
>
>
> I am aware this message is somewhat garbled but any help would be
> appreciated. I do not want to do the employee or company a disservice
> with my lack of knowledge or experience.
>
> Lorna
>
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