| Draft regulations included in the Data Protection Act's code of practice on drug testing could restrict companies from checking employees for illegal substances in the future. Business Europe investigates. The code, which is expected to come into force in mid-April this year, recommends that employers should only use drug testing if it can be justified on safety grounds. This "justification on safety grounds" has yet to be clarified. According to research published by the TUC and the Institute for the Study of Drug Dependence in 1998, alcohol misuse costs employers £2 billion a year, and drugs misuse a further £800 million. Around a quarter of workplace accidents involve workers who have been drinking, the research also found. Cynthia Atwell, an occupational health consultant and former HSE member, believes some employers should be allowed to ask employees to take routine drugs tests. She explains: "If the employee caused an accident where someone was killed or injured, the employer would be liable under the Health and Safety at Work Act because managers have a duty of care to oversee the health and safety of others." As the law stands, employers are only allowed to ask an employee to take a test if they have reason to believe that he or she is under the influence of drugs. The employee is under no obligation to comply. Kieron Hill, manager of the advice service at employment law consultants Peninsula Business Services, says: "An employer has to make a reasonable judgement based on an employee's behaviour as to whether to ask them to take a test. In the case of staff working with machinery, an employer does have the right to send someone home if they are acting strangely or their attention seems impaired." "Employees are allowed to refuse to take the tests. However, if submitting to tests is part of their contract, the company can fire them for breach of contract," Hill adds. The Health and Safety Executive (HSE) has recently begun work to establish the scale and impact of drug misuse on health and safety at work. This will contribute to establishing a database on drug-related accidents at work. At present, there are only two pieces of legislation dealing specifically with drug use in the workplace. The Transport and Works Act 1992 makes it a criminal offence for certain railway workers to be unfit for work through drugs or drink. The Misuse of Drugs Act 1971 makes it an offence to possess, supply, offer to supply or produce controlled drugs without authorisation. This issue is far from clear-cut, experts say, because employers are not just dealing with workers who are visibly dependent on drugs, but also with those who use them on a recreational basis. From an employer's perspective, the effects of substance abuse by employees include a rise in sickness and absenteeism, increased risk of accidents, and a deterioration in the quality of work. Kieron Hill continues: "The problem lies in the fac... | 
