Being Accused of Taking Drugs at Work – How to Deal With it

Being accused of taking drugs at work is an anxiety inducing experience, particularly if the allegation is false. If you’ve found yourself in this situation, it’s important to remain calm and take the time to understand your rights.

Most workplaces will have disciplinary policies, or a specific drug and alcohol policy. If you’ve been accused of taking drugs inside or outside work, it’s vital to also understand the policies specific to your workplace.

Employer’s Responsibilities & Drugs in the Workplace

Employers have a duty of care regarding the wellbeing of all employees in the workplace. Drug use at work increases the chances of workplace accidents, and may also be an indicator of indivuduals suffering from work related stress.

Employers take allegations of drug use at work seriously because there are several laws which they would breach if they did not take action.

It would be illegal for employers to:-

• Knowingly allow an employee under the influence of drugs to continue working – this would breach the Health & Safety at Work Act 1974. The act imposes a general duty to ensure the health, safety, and welfare of employees. A drug impared employee could clearly lead to an unsafe work environment. This could result in the employer being charged with a breach of the act. _{^{Source: Health & Safety at Work Act (1974) S2.}}
• Turn a blind eye to suspected drug posession in the workplace – this would be an offense under the Misuse of Drugs Act 1971. Section 8 of the act makes it an offence for the owner of a premises (the employer) to permit use of drugs on site. _{^{Source: Misuse of Drugs Act 1971 S8.}}

Employers who suspect their staff of drug use should handle this sensitively in a compassionate manner. There is often a bigger picture when it comes to someone misusing drugs. It points to trouble in the individual’s personal life.

Sometimes, employers will treat the situation as a medical, rather than disciplinary, one. However, it may become necessary to take disciplinary action in certain cases. Occasionally, employers may need to get the police involved.

Drug use often forms part of the workplace health and safety policy. Sometimes, it will be included in an occupational health policy.

Drug & Alcohol Policies

All workplaces should have a drug and alcohol policy. Depending on the type of work environment, procedures relating to substance misuse may be included within health and safety policy, or occupational health policy.

Childcare settings and schools will usually have a robust stand alone drug and alcohol policy. This is due to the sensitive nature of the job but also to deal with any situations that may arise with parents and carers.

A drug and alcohol policy should contain the following information:-

• An outline of why the policy exists and why it helps protect the workers and the wider environment.
• Some clarity that the policy applies to everyone who works in employment there.
• Include reference to the fact that drug abuse is an illness and will be treated in a medical manner where possible.
• Clear and concise rules are required in the policy so that everyone knows where they stand regarding drugs.
• Some information on the dangers of drug use not just for the individual, but also for their colleagues and clients.
• Information on the importance of treating drug illness early and efficiently.
• Including some useful telephone numbers or websites may be handy for staff who are struggling.
• Details of sick pay might be included too, with the proviso that the employee will seek help.
• An outline of employees’ rights when it comes to being treated fairly in the workplace.
• Information on how the policy was put together and how often it will be reviewed.

Best practice would be to give staff a copy of such policies within an employee handbook. That way they have them to refer to as and when required. They should also be available on site in a known location to staff.

Being Accused of Taking Drugs at Work

Should you find yourself being accused of taking drugs at work, bear in mind that you have rights and that your employer must follow proper procedures and investigate the allegations against you before deciding if further action is needed.

You might be suspended while a formal investigation takes place and you should be compliant about this. However, you have the right to be told what the allegations against you are, and given an opportunity to respond to them.

See Also: False Accusations at Work.

Disciplinary Action

If the investigation into the allegations of drug misuse concludes you are have been misusing drugs at work, disciplinary action may follow. Some workplaces will consider drug use at work gross misconduct and may dismiss you.

Concluding guilt in the workplace requires a lower evidence threshold than a criminal court. However, this does not mean you can be disciplined on the basis of heresay. Your employer must be able to demonstrate they have reasonable grounds to make the conclusion you took drugs at work.

Some employers may prefer to try and tackle the issue without using disciplinary measures. There is often a reason someone misuses drugs and it is help they need, not discipline.

Can You Be Sacked For Taking Drugs at Work?

Some employers will consider taking drugs at work to be a sackable offence. The consequences will depend on your employers policies and the nature of your role.

If drug use would leave you unable to perform your role safely, it might be considered gross misconduct. Your drug taking might put people in danger, for example, if dangerous machinery or equipment is involved.

Dismissal usually comes down to either poor capability as a result of drug use or poor conduct. Drug abuse often has a knock on effect with overall job performance. For example, struggling to complete tasks, being late or absent often, or the inability to get through the day without more drugs.

Employers must always follow fair and proper procedures when dismissing a worker for misconduct. This means they must have conducted a thorough investigation, and followed disciplinary procedures carefully.

Employees with under two years service can be dismissed without disciplinary procedures being followed. This might mean you could be sacked for taking drugs with immediate effect. However it is good practise for an employer to follow a fair process.

Can You Get Sacked for Taking Drugs Outside of Work?

What you do outside of work is usually your own business. However, it is possible to be sacked for taking drugs outside of work if it affects your work performance, the reputation of your employer, or drug use at any time would be a breach of your employment contract.

You might be dismissed for using drugs outside work if:-

• Your work performance was affected – for example if you are still drug affected when you arrive at work, or your work is poor as a result of the after affects of substance abuse.
• It harms the reputation of your employer – being arrested or ending up with a conviction for drug posession could fall under this category.
• Your employment contract was breached – many industries have zero tolerance drug policies. This can include safety critical roles where drug testing may be a requirement.

Can I Refuse a Drug Test at Work?

You can refuse a drug test at work. However, some work environments may have regular drug testing as part of company policy or make provision for drug testing if deemed necessary.

When you begin employment and sign your contract, you are agreeing to company policies. Therefore, refusal to take part in drug testing could result in disciplinary action if your contract obliges you to do so.

Failing a Workplace Drug Test

When you agree to a drug test and then fail, the waiting for what will happen can be intense. It is worth noting that a positive drug test won’t automatically mean dismissal – not in every job anyway.

It will, almost certainly, lead to some sort of action being taken. What that action is will depend on the circumstances. You might be given time off for counselling or it might lead to a formal warning. In some cases, it can lead to dismissal if deemed a sackable offence.

Even in the case of dismissal, this doesn’t mean you are out of options. There have been cases in the UK where employees have won unfair dismissal claims even with a positive drug result. Usually, employers will consider your overall work ethic and history there.

Sometimes, the test itself might be faulty or contaminated before its use. This is why most companies would keep some perspective when such a result comes through. They should, however, follow company protocol at all times.