Spectre of workplace alcohol tests hang over employees

More than 14m working days are apparently lost to hangovers (ill effects caused by drinking an excess of alcohol), absenteeism or alcohol related illnesses each year, but instant tests should perhaps be used cautiously

Routine alcohol testing at work could be on the way with the introduction of a fingerprint device that gives results in eight seconds. The AlcoSense device is described as "a 100% non-invasive, touch based measurement" which uses near infra-red to measure alcohol intoxication "without breath or body fluids". The company actively promotes the use of the device for "testing in the workplace every day" and it has been reported this is already commonplace in many US workplaces. With previous surveys suggesting more than 14m working days are lost to hangovers, absenteeism or alcohol related illnesses each year, one can reasonably expect that employers' interests could be served by this, especially in the NHS, security, local government and transport industries, which it appears are likely to be targeted for the new equipment. In some industries, such as rail and maritime, drug and alcohol testing is already mandatory and necessary as a regulatory requirement. For the majority, however, there is no right to mandatory alcohol testing. What will strengthen an employer's position, however, is whether there is a full contractual health and safety policy in place governing drugs and alcohol abuse which provides for testing in certain circumstances and which may include random testing. Such a policy would usually be set out in your contract of employment or staff handbook and should also clearly explain any possible disciplinary sanctions if you fail the test. The grounds which an employer would rely on for testing someone includes a reduced work performance, damaged client relations, absenteeism and an impact on the wider workplace such as having to deal with staff cover. If you unreasonably refuse a test when your employer has good grounds for testing you, it could lead to your dismissal and hamper your chances of successfully bringing a claim. An employment tribunal would then consider whether the action taken against you by your employer for refusing to take a test falls within the reasonable range of responses. As the law stands it is likely that an employment tribunal would rule that a dismissal was fair and justified if there was clear evidence that drug or alcohol use affected your performance at work, particularly if there were health and safety considerations. Conversely, however, a tribunal is unlikely to find that there has been a fair dismissal simply on the basis of some "casual link" or vague claim by an employer about how alcohol abuse is affecting its reputation. While employers will see alcohol testing as being beneficial for reasons that include safety considerations, productivity at work, and an employee's own welfare, arguments against include the invasion of a worker's privacy. One common argument against workplace alcohol testing is Article 8 of the European convention on human rights, which enshrines the right to "respect for private and family life" but this is a qualified right, not absolute. Employers are already under a duty to provide a safe working environment under the Health and Safety at Work Act 1974. This duty includes ensuring that no staff are allowed to work when impaired by the use of illegal drugs or alcohol. But the introduction of this speedy gadget to determine whether or not you are under the influence at work takes matters to a new level. In order to protect themselves, most employers should make sure that any testing complies with the highest standards and processes, following industry best practice and using a fully accredited, professional and independent service provider. It remains to be

seen how many will be tempted to frequently test their staff with little or no notice. It is not too difficult to see what that might do to staff morale if the practice becomes widespread. Philip Landau is an employment lawyer at Landau Zeffertt Weir Solicitors

The AlcoSense TruTouch 2500 combines the state-of-the-art in alcohol testing with an integral biometric identity verification capability. It is a 100% noninvasive, touch based measurement that offers significant improvements in safety and ease-of use relative to existing measurement approaches.

The TruTouch measurement is performed by transmitting light into the skin via contact with an optical touch pad, and collecting a portion of the light reflected back by the skin. The collected light is analyzed to determine the tissue alcohol concentration and to verify the users identity. The light used in the TruTouch measurement is in the near-infrared (NIR) and is safe for human skin exposure. The light levels are less than the limits established by the FDA for non-ionizing radiation (orders of magnitude less that that required to cause skin heating or damage such as sunburn.) It is similar to holding a low-powered flashlight against ones skin and is safe for both short and long-term exposure. In 2011 the U.S. Center for Disease Control published data that showed heavy drinkers cost the U.S. economy over $220 Billion per year lost productivity accounts for 70% of this waste while healthcare costs account for 11%. Companies would like to reduce these costs and increase productivity, but until now, technology that could provide self administered, cost-effective daily alcohol testing (the only true way of eliminating on-duty alcohol impairment) didn't exist other than through the use of interlocks, which to date have largely limited to use in vehicles. Random screening can deter the casual user, but those with a serious alcohol problem are far less likely to change their inherent behaviour patterns. For this reason this form of occasional screening can fail to have the impact the company is looking for and alcohol use can continue to cost the company, and thousands of others, billions of dollars a year. Testing every person, every day changes the underlying behaviour itself. Whilst not a UK Certified device, the TruTouch can easily be combined with a unit such as AlcoDigitals Lab-in-a-Bag, with positive results followed up by a Certifiable test for both Drugs and Alcohol that can be defended in court if necessary. Imagine your organisation free of the costly and dangerous effects of alcohol abuse..... Pre-employment Transportation Land or sea (oil rigs) Construction Before/during/after shifts Access gates Drivers: Departure or arrival Test everyone or randomly

Happy Hour During Work Hours

They say a mans work is never done. They say you cant mix business with pleasure. They say that good things come to those who wait. Anheuser Busch Super Bowl 2012 commercial The message is unmistakable: You can mix business with pleasure, and why wait until after work to have that first drink? Interestingly enough, Anheuser Busch may be merely capitalizing on what is already an emerging workplace trend that is worth looking at. Consider the following: Yelp Incs headquarters in San Francisco features a keg refrigerator that employees are free to use as much as they want. Yelp operates yelp.com, a social networking, user review, and local search web site that filed a $100 million IPO in November 2011. Eric Singley, director of Yelp consumer and mobile products, points to the fact that employees use of the keg is monitored via an iPad app as a way of discouraging excessive use. Lukas Biewald, CEO of CrowdFlower Inc, an employment company, justifies having a fridge full of beer by pointing out that the long hours put in by employees who work at companies like his means that social life and work life often overlap.

Twitter Inc. also stocks wine and beer in its office fridge (along with non-alcoholic drinks). We treat employees as adults, says Jodi Olson, a spokeswoman for Twitter, and they act accordingly. EDPM, Inc is a company that specializes in providing drug testing and background check services. Its stated goal is to assist clients in developing and maintaining their most valuable resources their employees. In commenting on the above trend on their corporate blog, EDPM pointed out that by following the Anheuser Busch suggestion and condoning drinking in the workplace (whether it is monitored or not), employers may be taking in some liability. If an employee leaves work with alcohol in his/her system and gets into an accident, does the employer bear any responsibility? they ask.

A Cool Trend?
Consistent with the above, Drs. Paul Roman and Terry Blum, writing for the National Institute of Alcohol Abuse and Alcoholism, report that the development of alcohol abuse prevention programs in U.S. workplaces has slowed considerably in recent years, despite the fact that such programs can be effective. They also cite statistics showing that about 8 percent of full-time employees self-report drinking five or more drinks on five or more occasions per month. It would not seem reasonable to assume that such drinking behavior would have no impact on employees productivity. A lack of policy, combined with the absence of serious alcohol prevention programs and/or a corporate policy of tolerance may in fact be a slippery slope rather than a perk for many employees. In one survey of 6,540 employees at 16 workplaces representing a range of industries, fully 23 percent of upper-level managers reported drinking during work hours in the prior month. All of the above raises the question: Is making alcohol available at the workplace justified by arguments such as long work hours, the blending of work and home life, or the expectation that employees will act responsibly?