Drug and alcohol testing

Q: My company is installing a breathalyser without consultation. What are the legalities?

A: Information about workers’ health, which includes drug and alcohol testing, is covered by the Data Protection Act 1998 (DPA), so employers should follow the Employment Practices Code of Practice which is provided by the Information Commissioner. Although a failure to follow the code is not itself unlawful it may mean that there has been a breach of the DPA.

Part 4.4 of the code says that before information is obtained from drug and alcohol testing (unless it is required by law) the employer must be able to show that the benefits justify the adverse impacts. It also states that testing is “unlikely to be justified unless it is for health and safety reasons”.

If the employer can show it is justified, they should tell workers that it is going to be done and what criteria are to be used. Workers should also be told the blood-alcohol level at which they may be disciplined.

The code also states that it is good practice for employers to consult with the trade union about the development and implementation of procedures that involve personal information.

The Code is online at: www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/employment_practices_code001.pdf.

Alternatively, you can get a free copy by phoning 08453 091091.