As per document 2 in which email has been exchanged between CEO and HR manager, CEO wants to get

a policy issued and make arrangements for the alcohol testing for all the warehouse team including
worker X.

Whereas, HR manager replied that the drug and alcohol policy is not a document that can be simply
issued, the alcohol policy need to be developed by considering various factors. Implementation of
alcohol testing is a complex matter and need contractual, legal and practical consideration. Hence, it is
not something which can be simply set up without considering various factors.

Below mentioned are the factors that the HR manager likely to explain in the meeting with CEO
regarding worker contractual considerations.

Implementing an alcohol policy before implementing alcohol test:

The HR manager must have explained about the contractual agreement that, the policy is not
incorporated in their contract of employment. As this policy is not yet developed and implemented, and
HR manager has also explained that the drug and alcohol policy can be developed by considering various
factors e.g. legal, contractual and practical.

Therefore, HR manage must have explained to the CEO that before implementing alcohol testing, it is
important to develop an alcohol policy and include screening and testing of alcohol clause in the policy
and properly implement it, accordingly they have to revise employee contract of employment where
alcohol testing clause should be incorporated.

Incorporate this alcohol testing clause of policy to employee contractual agreement:

After developing the alcohol policy which includes guidelines for alcohol testing, support system for the
employee who is facing alcohol problem can be included in the policy. Workers employment agreement
should include all such information and employee must agree on those terms of policy. Employee must
know about the consequences they have to face for breaching the policy e.g. disciplinary action.

Employer must clearly define in the policy, reason for testing, what would be the procedure of testing
and how the date is going to be used, Nutripex may also include any support they want to provide to the
employee facing alcohol issues. This policy must be incorporated into the employee’s contractual
agreement or employee handbook making part of their contract of employment.

Testing Scope:

All the employee of Nutripex must be clearly explained on what circumstances they have to go under
alcohol testing. They should clearly know about the types of screening they have to undergo. Below are
the scopes of testing which should be explained to all the employees, that which type of testing they will
be going through.

 Pre- employment screening/testing;

 Random alcohol testing or
  Testing after an accident and incident.

The company should select the scope of testing by keeping in mind that, what they want to achieve from
the screening, is it fulfilling the purpose like there must be a legal or practical reason of screening.
Hence, employees must be explained about the scope of testing.

Written consent from the workers:

To initiate or carryout alcohol testing, employer must take written consent from all the employees with
clearly defined legal or practical reasons. Written consent must be taken from entire individual who are
being tested for alcohol. The employee may refuse to participate in alcohol testing if his consent has not
been taken, and company can’t take any disciplinary action on him.

If there is no consent taken at the time of contract of employment for testing alcohol in the workplace. If
testing is required in between during the contractual agreement of an employee due to nature of work
and safety critical area then in that case also employer must take written consent from the worker.

Fairness or accuracy of the test:

Employer must ensure that highest level of accuracy and reliability should be maintained in the alcohol
testing and sampling to avoid conflict. They should develop a stand operating procedure to assure
accuracy is being maintained in the testing. Accuracy and reliability of result must be monitored or
checked on a regular basis.

Principle of non-discrimination:

According to the law employer should choose non-discriminative principle for alcohol testing. Employee
should not feel discriminated or biased regarding alcohol testing which can cause conflicts between
employees.

There should not be any discrimination in terms of test instead it should be uniform for all employees,
there should not be any targeted testing and discrimination in the confidentiality of test records. e.g.
any reference worker exempted from testing or leak of confidential test records of any targeted worker
etc.

Confidentiality of test results:

The test result must be confidential as per the privacy law and it should be included in the consent that
the employer will keep the test report confidential. The test result can only be shared to the people who
have legitimate reason to know, e.g. HR personnel, medical professionals or Line manager/supervisor.

Under the privacy act 2020, an employee’s have a right to privacy should be taken into consideration
during sample collection or alcohol screening, the method of sampling analysis and test result handling
should be carefully managed and it should not be disclosed to non-legitimate people.
Right to challenge the test result:

An employee must have a right to challenge the test report if he feels the report is not accurate. There
should be clause in the policy to states that the employee at any point of time can challenge on the test
result without facing any disciplinary action by the company.

If they feel that the test was not conducted or there is an error in the test result, there should a
procedure in the policy which needs to be followed if an employee wants to challenge the result of an
alcohol testing.

Training, Information and education:

The HR manager must have added information, instruction and training program for the workers
regarding alcohol policy and testing. Once the policy is ready then all the employees must be provided
appropriate information, instruction and training regarding the alcohol policy.

Policy should also include prevention of alcohol at workplace through information, education and
appropriate training programs. Training programs should also be included in the employee handbook.

However, as was already said, too few organizations are teaching line managers how to manage and
support people and how to recognize indicators of stress. Line managers require the training to feel
competent and capable to manage workloads, identify early warning signs of alcohol problems, and
direct employees to support in an efficient manner.

Procedure if employee refuses to take an alcohol test:

If there is no contractual obligation on the employee then he has a right to refuse to take an alcohol
test. Hence, if Nutripex CEO wants to implement alcohol testing for all warehouse employees then there
should be a prior consent of the worker and it should be added in the contractual agreement.

If prior consent taken and it is there in contractual agreement, then the employee refusing from the test
can be liable for disciplinary action as they are under a contractual obligation to for a test. Hence,
employer must clearly define in the contract about the consequences if an employee refuses to take an
alcohol test.

Rehabilitations program/Support for the employee:

It can be incorporated in the policy and employment agreement that what support company can
provide to the employee if an employee facing alcohol problem, like medical support, rehabilitation
program, short break from the job for treatment, etc.

Compliance with legal requirement:

Legal requirement as per industry requirement and local legislation must be considered when setting up
an alcohol testing for the employees.
References:

https://www.hse.gov.uk/alcoholdrugs/screening-testing-drugs-alcohol.htm

https://www.cipd.org/globalassets/media/knowledge/knowledge-hub/guides/drug-alcohol-misuse-
work-report-1_tcm18-83090.pdf?
_gl=1*1hig0ni*_ga*MTg2MDAzMjE4Mi4xNjgzOTU1MDQ2*_ga_D9HN5GYHYY*MTY4Mzk1NTA0Ni4xLjEu
MTY4Mzk1NjAwMS42MC4wLjA.

https://www.hse.gov.uk/alcoholdrugs/support-employees.htm