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Can a company send staff for drug tests?

  • 15-10-2018 07:47PM
    #1
    Closed Accounts Posts: 3,181 ✭✭✭CinemaGuy45


    Just wondering what the facts and opinions are on this.

    If there are industrial relations issues in a job and a company puts up a notice that it is sending staff for drug tests would this be lawful or morally correct?
    The state can't just randomly pull people in off the street for drugs tests.

    I know people that use drugs would not want to submit but likewise, people who have never used illegal drugs including myself find this highly insulting and degrading.

    If a person has a spotless attendance and punctuality record can a company lawfully dismiss a person for refusal to submit to such a gross violation of their privacy and rights?

    Not looking for watertight legal advice here I am looking for opinions on the morality and fairness of this.


«13

Comments

  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    What is in the job contract?


  • Registered Users, Registered Users 2 Posts: 1,142 ✭✭✭thomas anderson.


    Lay off the ganja brah


  • Closed Accounts Posts: 3,181 ✭✭✭CinemaGuy45


    dudara wrote: »
    What is in the job contract?

    There would be a mix of contracts with some people never being given a copy of their contract.


  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    If there are industrial relations issues in a job and a company puts up a notice that it is sending staff for drug tests would this be lawful or morally correct?

    Industrial relations issues? As in there's already blood in the water and the company is looking for a beating stick?

    Then I would imagine they will have done their homework and have gotten advice on whether or not there's something in the contracts they can use to justify this.
    Not looking for watertight legal advice here I am looking for opinions on the morality and fairness of this.

    I don't know you're going to get far with morality and fairness in the courts. That's not really their business. It's legal and illegal they deal in and they can either go hand in hand with moral and fair or be completely opposed to it and pretty much anything in between.


  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    There would be a mix of contracts with some people never being given a copy of their contract.

    Doesn't need to be in the contracts, could be in the terms and conditions, policies, whatever, all that stuff you signed when you joined the company that many moons ago, probably got handed in a nice shiny folder and have never looked at since.

    If you have never taken drugs then why rock the boat?


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  • Closed Accounts Posts: 3,181 ✭✭✭CinemaGuy45


    Put my question another way for a crappy job would you sacrifice your privacy and dignity or would you seek employment in a less toxic situation?


  • Registered Users, Registered Users 2 Posts: 562 ✭✭✭rgodard80a


    If there are industrial relations issues in a job and a company puts up a notice that it is sending staff for drug tests would this be lawful or morally correct?


    Do the staff drive or operate heavy machinery ?
    There would be clear health and safety concerns.

    An employer has a legal duty of care to employ safe employees.


  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    Put my question another way for a crappy job would you sacrifice your privacy and dignity or would you seek employment in a less toxic situation?

    Depends on whether or not I was likely to get another job quickly I guess and how much I didn't like this job, whether or not I had anything to fear from the drugstest.

    Personally I'd have to say it seems you're already looking for an excuse to leave (perhaps the industrial relations 'issues' (that's a great vague word isn't it))

    And you know what....you don't need an excuse to leave...

    But, seeing as you're asking, if it was me I think I'd have a good think about whether or not drug use would actually be an issue in the job, whether or not someone else's drug use would be likely to impact me personally in an adverse way. I'd also have a think about whether or not the people likely to be affected by this are valued colleagues, ie do they make my working life better or worse.

    And then base it on that.....of course still all on the assumption I didn't personally have anything to worry about from a drug test.

    I can think of several companies I've worked where blanket drug testing was actively avoided as it would have meant closing up shop while they sort out replacing at least a third of the staff, many of those high performers or specialized functions.

    Oh, and finally, I'm not sure how you see it as sacrificing anything. Privacy perhaps, but that should be outweighed by possible safety concerns, dignity.....how? Cause you might have to pee in a cup? If that would make you loose your dignity it's probably already pretty frail no?


  • Closed Accounts Posts: 3,181 ✭✭✭CinemaGuy45


    wexie wrote: »

    If you have never taken drugs then why rock the boat?

    My counter to that having never used drugs or behaved in such a way that could lead to any reasonable suspicion why should I just accept that kind of treatment?

    Have never been arrested in my life never been searched and have never put myself into a situation that would raise and possible doubt.

    Have always worked for how many years I am not saying :o but I have never seen this arise in any work situation in my entire life.


  • Closed Accounts Posts: 3,181 ✭✭✭CinemaGuy45


    rgodard80a wrote: »
    Do the staff drive or operate heavy machinery ?
    There would be clear health and safety concerns.

    An employer has a legal duty of care to employ safe employees.

    Yes.


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  • Closed Accounts Posts: 5,482 ✭✭✭Kidchameleon


    OP acting like they have something to hide


  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    My counter to that having never used drugs or behaved in such a way that could lead to any reasonable suspicion why should I just accept that kind of treatment?

    Have never been arrested in my life never been searched and have never put myself into a situation that would raise and possible doubt.

    Have always worked for how many years I am not saying :o but I have never seen this arise in any work situation in my entire life.

    Okay so is this a just you situation? Some of the staff? All of the staff?

    If it's just you there might be some suspicion but if you say you're clean then I don't see why you couldn't just go in and out with your head held high?

    If it's an actual concern in the workplace then again I don't see why you'd need to be offended by it?


  • Posts: 81,308 CMod ✭✭✭✭ Celia Young Fashion


    wexie wrote: »
    If it's just you there might be some suspicion but if you say you're clean then I don't see why you couldn't just go in and out with your head held high?

    I can understand the issue though, it seems like an invasion of privacy or something


  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    Yes.

    Okay so then it's just a safety concern?

    Could be an insurance requirement or something?

    Again I really don't see a reason why this would be 'sacrificing your dignity or privacy'.


  • Registered Users, Registered Users 2, Paid Member Posts: 9,051 ✭✭✭Odhinn


    Just wondering what the facts and opinions are on this.

    If there are industrial relations issues in a job and a company puts up a notice that it is sending staff for drug tests would this be lawful or morally correct?
    The state can't just randomly pull people in off the street for drugs tests.

    I know people that use drugs would not want to submit but likewise, people who have never used illegal drugs including myself find this highly insulting and degrading.

    If a person has a spotless attendance and punctuality record can a company lawfully dismiss a person for refusal to submit to such a gross violation of their privacy and rights?

    Not looking for watertight legal advice here I am looking for opinions on the morality and fairness of this.


    Yes, provided you signed a contract agreeing to it. IBM for instance does so.


  • Closed Accounts Posts: 3,181 ✭✭✭CinemaGuy45


    OP acting like they have something to hide

    This is an anonymous forum I could say I am a Devil worshiper who enjoys a bit of bestiality on the side for a laugh and it would not matter.:D

    Guilty until proven innocent is what grinds my gears in this whole debacle.


  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    bluewolf wrote: »
    I can understand the issue though, it seems like an invasion of privacy or something

    mmmaybe....I guess for me it would very much depend on how it's presented, and crucially how many other staff are subjected to this.


  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    This is an anonymous forum I could say I am a Devil worshiper who enjoys a bit of bestiality on the side for a laugh and it would not matter.:D

    Not sure that would show up on a drug test anyways :pac:

    Look at it this way, they don't think you're guilty, they just want to verify your innocence?


  • Registered Users, Registered Users 2 Posts: 16,567 ✭✭✭✭AndyBoBandy


    I have never seen this arise in any work situation in my entire life.


    How many different work situations have you been involved in in your life?

    Drug testing and regular random drug testing is a regular feature in the industry I’ve been in for the last 15 years.


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Visconti


    Define drugs ? If its illegal drugs its one thing but I would be of the impression if most employers tested for legal drugs like xanax etc many many would fail, especially management.


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  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    Odhinn wrote: »
    Yes, provided you signed a contract agreeing to it. IBM for instance does so.

    Many many moons ago I worked for a company where we had more than a few of the victims of IBM's drug testing policy.

    There was no drug testing there :D


  • Registered Users, Registered Users 2 Posts: 9,167 ✭✭✭Fr_Dougal


    How many different work situations have you been involved in in your life?

    Drug testing and regular random drug testing is a regular feature in the industry I’ve been in for the last 15 years.

    Yeah but that’s only to ensure quality for the Mods beers.


  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    Visconti wrote: »
    Define drugs ? If its illegal drugs its one thing but I would be of the impression if most employers tested for legal drugs like xanax etc many many would fail, especially management.

    Of course illegal drugs, or legal ones you don't have a prescription for (making them illegal I guess)


  • Closed Accounts Posts: 3,181 ✭✭✭CinemaGuy45


    I do not want to identify the company but yes it is all staff and this situation has only arisen since the majority of staff have opted for formal representation.


  • Registered Users, Registered Users 2 Posts: 301 ✭✭Visconti


    How many different work situations have you been involved in in your life?

    Drug testing and regular random drug testing is a regular feature in the industry I’ve been in for the last 15 years.

    Cant wait till they start testing builders and door staff. There will be drugs nobody has ever heard of showing up


  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    I do not want to identify the company but yes it is all staff and this situation has only arisen since the majority of staff have opted for formal representation.

    ah.....see.....

    In that scenario I would be shocked if the company hadn't already taken legal advice and have been reassured they can indeed do this.

    Sounds like it's time to dust off the aul CV to be honest.


  • Registered Users, Registered Users 2 Posts: 16,567 ✭✭✭✭AndyBoBandy


    I do not want to identify the company but yes it is all staff and this situation has only arisen since the majority of staff have opted for formal representation.

    Be sure of 1 thing, they’ll have done their homework on this issue before it was ever mentioned to staff.

    So to answer your original question, of course they can do it as if they couldn’t, they wouldn’t.


  • Closed Accounts Posts: 3,181 ✭✭✭CinemaGuy45


    Be sure of 1 thing, they’ll have done their homework on this issue before it was ever mentioned to staff.

    So to answer your original question, of course they can do it as if they couldn’t, they wouldn’t.


    When a company gets to that level of petty you can understand my reluctance to submit I mean what comes next?


  • Registered Users, Registered Users 2 Posts: 22,606 ✭✭✭✭kneemos


    Irrelevant what's in your contract if it's against your civil rights.
    Doubt any company would enforce drug testing if it was illegal though.


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  • Closed Accounts Posts: 7,478 ✭✭✭wexie


    When a company gets to that level of petty you can understand my reluctance to submit I mean what comes next?

    nothing good really.

    Unless you're one of the ones they want to keep.


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