I know this is a thorny issue, but a few weeks back they called me to offer their services which I refused but they turned up on a clients site and caught out a few of their own boys. My question really is do they have any right to test the subbies on site. My advice to the boy's was to refuse if they didn't feel comfortable with it. The only problem with that is I'm not entirely sure where we would be legally with that stance. I seem to remember that not even the police have the power to force you to provide a bodily fluid without exceptional circumstance, or am I behind the times?
Drug Testers In Town
- Thread starter aom
- Start date
mightymouse
Well-known member
im afraid to say
when you get your induction to ANY site
you sign away your rights,
they have the right to drug test you at ant time
whilst your on their site
when you get your induction to ANY site
you sign away your rights,
they have the right to drug test you at ant time
whilst your on their site
Rigger
Moderator
It should be written into an employee,s contract of employment that he will give a sample for the purpose of drug use testing if so required and details of the actions that will result if he does not comply
In the case of sub contractors,you will find that by accepting the contract you will in most cases be obliged to accept the terms and conditions of the P.C. within these terms and conditions in a lot of case's, a clause will state that your men will be treated for health & safety issues under the same controls as there own employees thus your employee's will be obliged to give samples if so requested
On a personel level you can refuse to give samples, if any disciplinary action is taken against you it would be for an Industial Tribunal to decide if the disciplinary action taken against you was "Fair". if not what compensation or other judgement would recompense you.
To contradict what I have just said the police these days will legally use force to take your fingerprints and D.N.A. samples after an arrest has been made.
Drugs testing presumes you are "guilty"until you provide a negative sample much the same way as the "breatherlizer"works in the case of drunken driving
Whatever happend to "innocent until proved guilty"
In the case of sub contractors,you will find that by accepting the contract you will in most cases be obliged to accept the terms and conditions of the P.C. within these terms and conditions in a lot of case's, a clause will state that your men will be treated for health & safety issues under the same controls as there own employees thus your employee's will be obliged to give samples if so requested
On a personel level you can refuse to give samples, if any disciplinary action is taken against you it would be for an Industial Tribunal to decide if the disciplinary action taken against you was "Fair". if not what compensation or other judgement would recompense you.
To contradict what I have just said the police these days will legally use force to take your fingerprints and D.N.A. samples after an arrest has been made.
Drugs testing presumes you are "guilty"until you provide a negative sample much the same way as the "breatherlizer"works in the case of drunken driving
Whatever happend to "innocent until proved guilty"
english bob
Well-known member
yes your right.worked in dublin airport and drink and drug testing was mandatory.we was told if you drink on a sunday dont come in monday
mightymouse,
Threre is a couple of points that make me think there maybe room for Manoeuvre. Firstly, I have never seen a mention of it on any induction, it's all fire exits and no smoking. Secondly, they don't know what deal I have done with the boy's regarding employment rights. I know you are probably right but I reckon there is an argument there.
Threre is a couple of points that make me think there maybe room for Manoeuvre. Firstly, I have never seen a mention of it on any induction, it's all fire exits and no smoking. Secondly, they don't know what deal I have done with the boy's regarding employment rights. I know you are probably right but I reckon there is an argument there.
soulhawk
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I have lads working on a dangerous site. When they start they sign up to the company policy which includes a random drug testing clause. I fully agree with this as the scaffolders role is not one that should be influenced by drugs. You have your own life at risk and the lives of others. You would not believe the amount of lads who fail the test and lose their jobs. Most of the lads who fail are the young ones just coming up through the ranks. The daft lads who think they know it all. Silly young men who have it all to lose. Wake up lads and knock it on the head !!!!!
I agree soulhawk, but we have our own drink and drug policy that seems to work very well. As rigger said earlier, guilty untill proven innocent and I think I take exception to that more than anything. Don't get me wrong, all the boy's would walk any test but I don't like the connotations of mandatory tests.
soulhawk
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Pts
a couple of years ago one of the nationals in manchester sent 12 men for the pts medical they all failed the drug test but as they couldn't afford to lose them all the ones with weed got a warning those with smack and coke got the sack
a couple of years ago one of the nationals in manchester sent 12 men for the pts medical they all failed the drug test but as they couldn't afford to lose them all the ones with weed got a warning those with smack and coke got the sack
S
steve gregory
Guest
Well the gossip I heard was it is going to be mandantory on every site by the end of 2014.
paul
Well-known member
Few boys on the firm i work for refused a drug test which made them look guilty of taking drugs in the eyes of the employer but in all fairness if you are taking drugs but only do it at home who is it harming , i agree that there is a big drug problem in all industries but if you took them out of the workplace then we would be left with half the workforce.
X
XxIANxX
Guest
For anyone being tested make sure you are aware of the correct procedures.
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WHAT IS CHAIN OF CUSTODY?
Chain of Custody is a legal term that refers to the ability to guarantee the identity and integrity of the specimen from collection through to reporting of the test results.
It is a process used to maintain and document the chronological history of the specimen. (Documents should include name or initials of the individual collecting the specimen, each person or entity subsequently having custody of it, the date the specimen was collected or transferred, employer or agency, specimen number, patient's or employee's name, and a brief description of the specimen.)
A secure chain of custody, together with the analytical techniques used by the Regional Laboratory for Toxicology to confirm the identity of drugs present in a specimen, leads to the production of a legally defensible report.
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.
WHAT IS CHAIN OF CUSTODY?
Chain of Custody is a legal term that refers to the ability to guarantee the identity and integrity of the specimen from collection through to reporting of the test results.
It is a process used to maintain and document the chronological history of the specimen. (Documents should include name or initials of the individual collecting the specimen, each person or entity subsequently having custody of it, the date the specimen was collected or transferred, employer or agency, specimen number, patient's or employee's name, and a brief description of the specimen.)
A secure chain of custody, together with the analytical techniques used by the Regional Laboratory for Toxicology to confirm the identity of drugs present in a specimen, leads to the production of a legally defensible report.
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