Navigating workplace drug testing: prescription medicines to illegal substances
The management of drugs in the workplace is a safety issue for every UK employer. This encompasses illegal substances and legal drugs, like prescription medications and over-the-counter remedies. Balancing employee welfare and legal obligations to a maintain safe and productive working environment can be challenging. This is especially true in a sector where safety is critical, such as construction, manufacturing, transport or utilities.
Drug abuse is detrimental to workplaces in a variety of ways. It can affect attendance, morale, productivity, and potentially an organisation’s reputation. Accidents caused by staff working under the influence of intoxicating substances can have serious consequences, both for anyone physically involved, and by opening management and business owners up to costly lawsuits.
In this blog post, we discuss the most commonly detected illegal drugs, the use of prescription medications in the workplace, and the legal and ethical responsibilities associated with workplace drug testing.
Defining the types of drugs that may be encountered in the workplace
Legal drugs
Legal drugs include prescription medications, over-the-counter remedies (such as paracetamol or cough medicine), and other substances such as caffeine, nicotine and alcohol. While these drugs are lawful, their misuse can still impair an individual’s ability to work safely or productively. For example, certain painkillers, antidepressants, and antihistamines may cause drowsiness or affect concentration. Additionally, the way that multiple legal drugs interact with each other, or how one legal drug reacts with an illegal drug, can also cause unwanted and unpredictable symptoms.
Illegal drugs
Illegal drugs such as cannabis, cocaine, ecstasy, ketamine and heroin are prohibited in the UK under the Misuse of Drugs Act 1971. The Act controls drugs that are ‘dangerous or otherwise harmful’ when misused, under a three-tier system of classification (Class A, B and C). This sets criminal penalties with reference to the harm a drug has, or is capable of having. The presence of illegal drugs in the workplace not only poses serious health and safety risks but also legal and reputational threats to the organisation.
Emerging substances
The rise of ‘legal highs’ or new psychoactive substances (NPS) adds complexity to the issue of drug misuse. These drugs are neither strictly legal nor new, but since they are in constant development, monitoring their use in the workplace remains challenging. However, the UK Government has introduced the Psychoactive Substances Act 2016 to ban the sale, supply and importation of these drugs.
Legal obligations for employers
Employers in the UK have several legal responsibilities regarding the management of drugs in the workplace:
Health and safety legislation
Under the Health and Safety at Work Act 1974, employers must ensure the health, safety, and welfare of employees and others who may be affected by their actions. This includes addressing risks associated with drug use.
Misuse of Drugs Act 1971
It is illegal for employers to knowingly permit the production, supply, or use of controlled drugs on their premises.
Road Traffic Act 1988
Employers must be vigilant about employees driving for work purposes. Driving under the influence of drugs, whether legal or illegal, is a criminal offence.
Equality Act 2010
Employers must avoid discrimination against employees who are prescribed medications for disabilities or health conditions. Reasonable adjustments may be required to support these employees.
Data Protection Act 2018 and GDPR
Drug testing and monitoring must comply with data protection laws, ensuring that employee privacy is respected.
Developing a comprehensive drug policy
A well-structured drug policy is essential for managing legal and illegal drugs in the workplace. It should clearly outline the organisation’s stance on drug use, procedures for addressing concerns, and support mechanisms for employees. While each organisation’s drug policy should be tailored to their own business activities, all such policies should clearly communicate prohibited behaviours, such as attending work under the influence of drugs or alcohol.
The policy should outline circumstances under which drug testing may be conducted, such as pre-employment screening, random testing, or testing after an incident. There should be well-defined consequences for policy violations, and support for employees struggling with substance misuse, such as Employee Assistance Programmes (EAPs) or referrals to external organisations.
Creating a policy is only the first step: effective implementation is crucial for success. Organisations should ensure all employees understand the policy through regular training and accessible documentation. Supervisors and managers should receive additional training on recognising signs of drug misuse and handling incidents sensitively.
Which illegal drugs are most prevalent in the workplace?
Drug testing is a useful (and often mandatory) tool, but must be implemented carefully to avoid legal and ethical issues. If you’re operating in a sector where safety is critical, such as rail or logistics, your drug testing policy must protect your employees, the public and your business.
Whether pre-employment screening, random testing, post-incident testing, or for-cause testing (or any combination of these), it is crucial to use an accredited testing service to ensure accurate and legally defensible results.
In the UK, a urine or saliva sample is commonly used to screen a 5, 7, or 10 panel of the most prevalent drugs. The most commonly detected illegal drugs in UK workplace drug testing include:
Cannabis
This is the most frequently identified substance in workplace testing. Although often perceived as a low harm drug, its effects can impair motor skills, concentration and judgement. This makes it high risk in workplaces, especially when heavy machinery or vehicles are in use.
Cocaine
Often linked to professions with high stress levels, cocaine boosts dopamine levels in the brain, creating intense euphoria and energy. However, cocaine can also cause paranoia, anxiety and impulsive behaviour, as well as fatigue and depression during the ‘crash’ after use. This erratic behaviour, which may include increased risk-taking and poor decision-making, can have severe consequences in the workplace.
Amphetamines
This group of stimulant drugs, including methamphetamines, is less popular than cocaine, but has similar effects. Although a user may believe the effects of amphetamines lead to enhanced work performance in the short-term, as the effects wear off they may suffer from radical mood swings, uncontrolled violence, depression and extreme fatigue.
Opiates
Drugs such as heroin and morphine, though less commonly detected than cannabis and cocaine, are highly addictive and can cause severe health issues. Opioid misuse can lead to breathing difficulties, as well as neurological and psychological issues.
MDMA/Ecstasy
More commonly found in younger employees or in specific industries, MDMA is a synthetic drug chemically related to amphetamines, but with somewhat different effects. MDMA use is generally associated with consumption in nightlife and entertainment settings.
Recognising and addressing illegal drug misuse in the workplace
Early intervention is key to effectively managing drug misuse. Supervisors and managers should be trained to identify potential signs, which may include frequent absences or unexplained lateness, and reduced productivity or quality of work. There may also be more personal indications such as changes in behaviour or mood, as well as physical signs, like bloodshot eyes or unsteady movements.
When addressing suspected drug misuse, always approach the employee in a private and non-confrontational manner. Adhere to the company’s drug policy and seek guidance from HR or legal advisors when necessary. Base discussions on observable facts, avoiding any assumptions. An empathetic approach can encourage employees to seek help and improve outcomes for both the individual and the organisation.
Proactive measures can reduce the likelihood of drug-related issues in the workplace. Raise awareness about the risks of drug misuse through workshops, training, posters and other resources. Promote a healthy work environment by offering wellbeing programmes to address stress and mental health issues that may contribute to substance misuse.
Prescription medications in the workplace
The use of prescription drugs is much more common in the workplace than that of illegal drugs. However, their use is not always as prescribed: an estimated 1.5 million people in the UK are addicted to prescription and over-the-counter drugs. Some users may think that because they are legal, these drugs are harmless. In fact, when not used as prescribed, they can have a significant effect on concentration, productivity, and long-term health.
Drugs are often used to help cope with work-related stress or burn-out. If there is a problem with illegal or legal drug misuse in your workplace, it may be indicative of such an issue. Even caffeine, a legal and commonplace substance, is frequently used to cope with tiredness. Some of the legal drugs increasingly detected in UK workplace drug tests include:
Tramadol
A prescription opioid given for severe pain, Tramadol is sometimes misused due to its narcotic effects. This can lead to impaired judgment and pose significant risks in the workplace as it can cause tiredness, dizziness and cognitive impairment.
Fentanyl and synthetic opioids
While usually associated with the U.S., misuse of synthetic opioids such as fentanyl is becoming more prevalent in the UK. The effects and risks are similar to those of opioids and Tramadol, and users can become easily addicted.
Gabapentin and pregabalin
Both these legal drugs are prescription anticonvulsants, used primarily to treat epilepsy, nerve pain, and anxiety disorders. However, there’s been a growing trend of misuse due to their opioid-like effects. As a result, in April 2019, gabapentin and pregabalin were both reclassified as Schedule 3 controlled drugs, under the Misuse of Drugs Regulations (2001), and Class C of the Misuse of Drugs Act (1971), as is already the case with Tramadol.
Managing use of prescription medications in the workplace
In the UK, employees are generally under no obligation to inform their employer of any prescription medications they are taking. The exception is if their medication could compromise the health and safety of their workplace. (For example, someone who operates heavy machinery and is taking a prescription medication that causes drowsiness.) In this instance, you must not treat an employee less favourably because they take prescription medication. Doing so could be deemed discrimination if the medication relates to a medical condition that qualifies as a disability.
You may also need to make reasonable adjustments for employees who take prescription drugs to deal with a chronic illness or disability. This could include a change in duties, home working or flexible hours. All relevant medical information and agreed adjustments should be noted on an employee’s personnel file. This should be reviewed regularly to ensure they continue to receive sufficient support throughout their employment. Where pertinent, signpost employees to workplace programmes and support networks. Express Medicals offers a prescription drugs advice line, where employers or employees can discuss the effects and potential impacts of individual or combinations of prescription drugs.
Conclusion
Managing legal and illegal drugs in the workplace requires a balanced approach that prioritises safety, compliance and employee wellbeing. By developing robust policies, fostering a supportive culture, and implementing preventative measures, employers can minimise risks and create a healthier, more productive workplace.
Employers must remain vigilant, adaptable and empathetic to navigate this complex issue effectively. With the right strategies in place, organisations can uphold their legal obligations while supporting employees in overcoming substance-related challenges.
