Aycan Tütüncüoğlu | Many workers have asked the question “are companies legally
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Many workers have asked the question “are companies legally

Many workers have asked the question “are companies legally

The law on getting drug tested at work

these are your rightsIt will depend on whether the employee is canada goose outlet obliged to undertake a test and whether they feel you are canada goose black friday sale being unfairly targetedGet daily updates directly to your inboxSubscribeSee our privacy noticeMore newslettersThank you for subscribingWe have more newslettersShow meSee our privacy noticeCould not subscribe, try again laterInvalid EmailWhat happens if your company asks you to be drug tested?It’s a legal minefield and largely depends on your contract.Many workers have asked the question “are companies legally allowed to ask an employee to take a drugs test at work? And what about if the member of staff fails a drugs test?”It canada goose clearance will depend on whether the Canada Goose sale employee is obliged to undertake a test and whether they feel you are Canada Goose Outlet being unfairly targeted.WalesOnline spoke to two lawyers to find out what can happen if you are asked to undergo a drugs test and what your legal rights are.It’s about creating a safe work environment “Employers must ensure that its employees work in a safe environment, so some will want to carry out drug and alcohol testing,” said Damian Phillips, a Partner at the Cardiff based law firm Darwin Gray.”Testing should generally only be done if the employer has a reasonable suspicion that an employee is under the influence of alcohol or drugs and should buy canada goose jacket cheap be balanced against the employee’s right to privacy.”Drug tests can be taken by a urine or hair sampleIt can depend on the industry you’re in Nia Cooper, Partner at Capital Law in Cardiff, explained certain industries are more likely canada goose uk black friday to perform tests: “The risks to health canada goose and safety https://www.gooseyou.com are clearer in some sectors than in others for example, it is easy to see why a zero tolerance policy is appropriate in the construction and manufacturing sectors, arguably less so in relation to the professional services sector.”Employers are increasingly justifying random drug testing on the need to ensure that staff can effectively perform their jobs. nurseries, care homes etc.”A good reason is needed An employer must have good reason Canada Goose Online to request a test.Ms Cooper explained: “Drug testing at work often creates a conflict between canada goose factory sale an employee’s right to privacy against the employer’s need to ensure that s/he is capable of doing the job they are paid to do, safely. Drug testing is an intrusive process some tests highlight traces of recreational and medical drugs taken in the last 30 days.”We’re testing a new site:This content is coming soonEmployee needs to give consent If an employer wants to go ahead and have an employee tested for drugs they will have needed to have asked for consent.”Regardless of any policy, employees cannot be forced to undergo testing. Their consent must be obtained every time. Employees may have agreed to testing under their employment contracts,” said Mr Phillips.Disciplinary action depends on contracts Mr Phillips explained what action can be taken if they refuse: “If they are contractually required to do so and refuse, then they will be in breach of their employment contracts and could Canada Goose Jackets be subjected to disciplinary action. The usual principles of fairness will still apply when determining any sanction.”Primark launches Harry uk canada goose Potter range and canada goose coats on sale prices start from Company policy needs to canada goose uk outlet be clear And employers need to have a clear policy on canada goose coats drug testing describing the process, the length of time the information would be retained and the potential consequences of failing Canada Goose online such a test. That policy should address what is acceptable and what is not Canada Goose Coats On Sale is it acceptable that an employee was intoxicated through drug taking three weeks ago as opposed to last night?Ms Cooper adds: “Legal requirements are therefore: employee consent, clear drug/alcohol policy, reasonable justification for imposing the policy and clarity on the consequences of failing a test.

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