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UK: High alert as drugs use goes to work

Naomi Law

The Guardian

Saturday 23 Aug 2003

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As millions do their jobs while under the influence of narcotics, making a
hash of things and costing British industry an estimated £600m a year,
the issue of drugs testing is back on the agenda, reports Naomi Law

It's a Friday night in Manchester. The bars along the canal are buzzing and
there are crowds of people out enjoying the warm-up to this weekend's
EuroPride 2003 lesbian and gay festival celebrations.

A few conversations quickly confirm what you probably suspect - few are
sober and many are under the influence of more than just alcohol.

Five minutes down the road, outside the smart bars of Deansgate Locks, a
startling number are happy to explain their drug taking habits.

"With a bit of luck, I'm having a bit of cocaine on a Friday and Saturday
night. On a Wednesday, I can't do shit because I'm on the midweek comedown!"

This man is an electrician and is seemingly unconcerned about the dangers
of wiring someone's house on a "cocaine comedown". The house owner would
probably not be as relaxed; nor would the man's employer. But, as a BBC
Radio Five Live report on drugs and the workplace being broadcast tomorrow
morning shows, his story is not unusual.

The programme's research team has been inundated with calls telling of
abuses in factories, the City, on the railways and even airlines.

Allen rang to alert Five Live to the dangers of drug use on motorway
construction sites. He's not just talking about the occasional half a
joint: on one site, he says, 60% of the workers tested positive for heroin.

Alex (not his real name) works for a Glasgow food manufacturer and
estimates that as many as 50% of the staff are on drugs at any one time.

He describes the behaviour of a colleague: "At the start of the shift,
they're all moody and aggressive ... then a couple of hours later, the
radio's on and his whole mood changes ... everything's all happy." Why the
change? It's because he's taken his drugs, says Alex. What drugs?
"Cocaine," he answers. "I know he's taking cocaine."

Yolande Burgin, director of the Independent Inquiry into Drugs Testing at
Work, is pragmatic about the extent of drugs use. The inquiry was
established to investigate the confusion surrounding the impact of drugs on
the workplace and, specifically, to examine the growing phenomenon of drugs
testing.

"The estimate has been that between 500,000 and two million young people
use ecstasy every weekend," she says. "That's an awful lot of young people
using a drug." Cannabis and cocaine, she says, are also routine. It is, she
admits, a shocking idea to many people, but "that's how an awful lot of
young people are living their lives".

It is estimated that drug use costs British industry £800m a year,
leading some employers to take more drastic measures. There is a growing
(and largely unregulated) industry which profits from providing everything
from risk assessment to on-the-spot urine tests to concerned employers.

According to Matthew Williams, from one such firm, Xy-Tec Diagnostics,
Britain is mirroring the US. "You would be very lucky to find a job in
America where you weren't tested for drugs on a pre-employment basis. We
will catch up," he predicts.

The majority of UK testing is still in "safety critical" industries like
the railways. London Underground's policy and system of testing is the most
advanced, but it still encounters difficulties.

Nigel Radcliffe is manager of the company's drug and alcohol advisory
service. Random testing does not prevent drug use, he admits, but the offer
of treatment if a worker comes forward does help to identify those with a
problem. Approximately one person a week is admitted into rehab via Mr
Radcliffe's clinic.

Ms Burgin is emphatic that not all people using drugs are addicts: "For
many young people in this country they are taking a range of drugs
recreationally. They are holding down extremely good jobs and they are
performing everything that's asked of them, often very well."

Craig's story is typical of those the Five Live team has encountered. He
was working as a depot supervisor for ScotRail when he went to a Queens of
the Stone Age concert. His friends (and the majority of the crowd) were
smoking joints. He says he had a few drinks and "a couple of tokes" of a joint.

The next day there was a minor incident in the depot. Craig was screened
for drugs, tested positive for cannabis and was dismissed. His manager
didn't want to sack him, Craig says, but his hands were tied by company
policy. "I knew the rules," he admits. "But I think for a career to go down
the Swanee just for a joint is absurd in this day and age."

Most people applaud attempts to ensure safety on the railways, but if the
UK does go the way of America, testing will become commonplace even in
non-safety critical industries. That's something which countless people
feel is a Big Brother-like infringement of their private lives.

But Mr Williams doesn't see why it shouldn't happen. "If you're paying
somebody for a 40-hour week then you want to have 40 hours of productive
employment," he says. Drug testing is one way of ensuring that, he adds.

However, it's possible to fake the results of a drug test. In America there
is a lively market in "clean" urine, and one shop in the UK told the
programme that it sells roughly 70 bottles a week of Ultimate Detox, a
lurid "cleansing carbohydrate drink" which, at £30 a bottle, claims to
mask cannabis in your urine for long enough for you to get through a test.

Reg (not his real name), a railway worker, says he has passed two tests
with Ultimate Detox, despite being a daily cannabis smoker. He was warned
about the tests by his line managers.

The relationship between drugs and the workplace is awash with grey areas,
and it doesn't look like the future is much clearer. Mr Radcliffe's advice
to companies is that if you don't have to drug-test, don't do it.

"You need to know why you want to know if your employees have been using
drugs," he warns. "If they're out of their heads it should be obvious and
that's a performance thing, but if you're going to test you open up a
hornet's nest and you've got to be prepared to go with that."

What the law says

The legislative framework is complex. Under the Misuse of Drugs Acts 1971,
distribution or use of drugs on company premises for non-medical purposes
may lead to prosecution for the employer.

The Health & Safety at Work Act 1974 states that an employer has a duty to
ensure the health and safety of employees, including taking "reasonable
care" to avoid injuries, diseases and death occurring at work.

The Management of Health and Safety at Work Regulations 1992 adds the duty
to carry out a formal risk assessment to the earlier act of 1974. In
addition, the employer must make arrangements for preventative and
protective measures.

An employee who is under the influence of drugs or alcohol at work could be
seen as a risk to other workers' health and safety.

London Underground's policy originated as a result of concerns about the
Transport and Works Act of 1992, which made it a criminal offence to work
on railways and other transport systems whilst under the influence of drugs
or drink.

In future, both the Human Rights Act and the Data Protection Act may have a
bearing on drugs testing cases.

Meanwhile, using hidden cameras in places such as company toilets can be
justified "in cases of suspicion of serious crime" such as drug-dealing,
"but there should be an intention [on the part of the employer] to involve
the police," according to a new code of practice on workplace monitoring
issued by the Information Commissioner two months ago.

- The Five Live Report, High Employment is on BBC Radio Five Live at 11am
tomorrow as part of Julian Worricker's show, and as a special documentary
report at 7.30pm that evening.

 

 

 

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