Drug testing
There is nothing in the Act that prohibits an employer from insisting on drug testing. Whether it is appropriate for a job applicant to undergo a drug test will depend on the nature of the job. Testing can be a legitimate requirement for a safety-sensitive role or environment. There are certain occupations, for example a pilot or a bus driver, where being drug free is a genuine occupational requirement because of public safety.
The quality of testing devices on the market may be questionable. Job applicants should be provided with and have the right to challenge the results. For example, a job applicant who is on the methadone programme may be fully safe to do the work and should not be rejected out of hand because of a failed test.
Section 19 of the Health and Safety in Employment Act imposes a duty on an employer to take all practicable steps to ensure the employee’s safety while at work and that no action of the employee while at work causes harm to any other person. In a 2004 decision the Employment Court commented that section 19:
“strongly suggests, although it is a question of degree, that employees in occupations which impinge upon the safety of other persons, must see to it that they come to work substantially (perhaps, depending on the work completely) free from the influence of alcohol or drugs. Because of this duty, they must expect to co-operate with the employer’s attempts to monitor the situation.”