Drugs in the workplace – how and when can employers act?

As an employer, it is important to have thorough knowledge of possible support measures and tools for dealing with addiction problems among employees. This article, which is based on a seminar arranged by Advokatfirman Lindahl, Ljung & Sjöberg and Ziklo Bank (formerly Volvofinans Bank), provides practical advice on drug testing, legal aspects and preventive measures. Ljung & Sjöberg specialises in managing problems associated with alcohol and drugs, gambling addiction and co-dependency in the workplace, while Ziklo Bank has successfully implemented a policy for preventing drugs in the workplace through regular drug testing and support measures. Advokatfirman Lindahl was responsible for presenting the labour law perspective at the seminar and highlighted both challenges and opportunities as well as the importance of effective action and legally certainty.

The risks of addiction problems

Addiction problems can lead to:

• Lower productivity.

• Higher levels of absenteeism.

• Accidents in the workplace.

• A risk of infiltration of criminals in the organisation due to employees ending up in a position of dependence on criminal elements through which the employees acquire drugs.

For employers, it is therefore crucial to have strategies in place to identify and manage these situations at an early stage.

Preventive measures

Besides dealing with existing problems, it is important for employers to work proactively to prevent addiction problems. This may include training and information on the risks of addiction as well as the creation of a work environment in which employees feel secure in seeking help if they themselves have a problem or if they suspect that a colleague has a drug problem.

Furthermore, as an employer, it is essential to have clear, detailed policies for the business, partly to ensure that employees have a clear idea of what applies and partly because it is easier to adopt necessary labour law measures if there is clear documentation to refer to that sets out the employer’s view on employees’ use of drugs, for example.

When and how an employer can act

It is important for employees to be well aware that there is a zero tolerance policy as far as drugs are concerned and that the employer has established procedures for dealing with situations in which abuse occurs. It is also extremely positive if employees feel secure in seeking help themselves if they need it.

As an employer, you are ultimately responsible for guaranteeing a safe, secure work environment and you are also entitled to act if you suspect that an employee is using drugs. As an employer, you should also be particularly alert to warning signs if you run a business in which, for example, the work involves healthcare, care or safety work in which employees drive vehicles or carry out other work using heavy machinery.

Drug testing as a tool

Drug testing is one of the tools that employers can use to identify employees with addiction problems and random drug testing can be an effective way of guaranteeing a drug-free work environment. On the one hand, such tests can act as a deterrent in that it is no longer “worth the risk” for those who use drugs sporadically and, on the other hand, they can be a good tool for catching abuse at an early stage. Other preventive measures include regular training and wellness measures.

A clear, detailed policy, which sets out how drug tests are carried out and what measures are adopted in the event of a positive test result, is also essential. Policies and drug tests can be designed differently for different activities and it is therefore of the utmost importance for policies to be designed so as to suit the conditions applying in the business.

Frequently asked questions about drug testing

During the seminar, the participants had a large number of questions about dealing with drug testing in practice. The answers to some of the most frequently asked questions are set out below.

How do you carry out random drug tests in practice?

The practical arrangements may differ from one business to another, though random generators, for example, can be used to select the test subjects. At Ziklo Bank, the randomly-selected employees receive an email the day before the test in question containing information and a link to book an appointment for testing. The selected employees must go to the office to undergo the test. This also applies to employees working remotely. A new appointment is booked as soon as possible if an employee is absent due to illness or on leave, for example.

What happens if an employee’s drug test proves positive?

In the event of a positive test result, Ziklo Bank offers the employee in question rehabilitation. Ziklo Bank has been implementing a clear policy and action plan that provides support for the manager responsible for some time.

How do you deal with a refusal to undergo a random drug test?

We recommend that the employer’s alcohol and drug policy, or equivalent document, should state that a refusal to undergo a drug test is equated with a positive test result.

Does your business need to update its alcohol and drug policy or are you curious to know more? You are welcome to contact one of our experts in employment law using the contact details below.