HIGH ALERT AS DRUGS USE GOES TO WORK

As Millions Do Their Jobs While Under The Influence Of Narcotics, Making A Hash
Of Things And Costing British Industry An Estimated UKP600m A Year, The Issue
Of Drugs Testing Is Back On The Agenda, Reports Naomi Law

It's a Friday night in Manchester. The bars along the canal are buzzing and
there are crowds of people out enjoying the warm-up to this weekend's EuroPride
2003 lesbian and gay festival celebrations.

A few conversations quickly confirm what you probably suspect - few are sober
and many are under the influence of more than just alcohol.

Five minutes down the road, outside the smart bars of Deansgate Locks, a
startling number are happy to explain their drug taking habits.

"With a bit of luck, I'm having a bit of cocaine on a Friday and Saturday
night. On a Wednesday, I can't do shit because I'm on the midweek comedown!"

This man is an electrician and is seemingly unconcerned about the dangers of
wiring someone's house on a "cocaine comedown". The house owner would probably
not be as relaxed; nor would the man's employer. But, as a BBC Radio Five Live
report on drugs and the workplace being broadcast tomorrow morning shows, his
story is not unusual.

The programme's research team has been inundated with calls telling of abuses
in factories, the City, on the railways and even airlines.

Allen rang to alert Five Live to the dangers of drug use on motorway
construction sites. He's not just talking about the occasional half a joint: on
one site, he says, 60% of the workers tested positive for heroin.

Alex (not his real name) works for a Glasgow food manufacturer and estimates
that as many as 50% of the staff are on drugs at any one time.

He describes the behaviour of a colleague: "At the start of the shift, they're
all moody and aggressive ... then a couple of hours later, the radio's on and
his whole mood changes ... everything's all happy." Why the change? It's
because he's taken his drugs, says Alex. What drugs? "Cocaine," he answers. "I
know he's taking cocaine."

Yolande Burgin, director of the Independent Inquiry into Drugs Testing at Work,
is pragmatic about the extent of drugs use. The inquiry was established to
investigate the confusion surrounding the impact of drugs on the workplace and,
specifically, to examine the growing phenomenon of drugs testing.

"The estimate has been that between 500,000 and two million young people use
ecstasy every weekend," she says. "That's an awful lot of young people using a
drug." Cannabis and cocaine, she says, are also routine. It is, she admits, a
shocking idea to many people, but "that's how an awful lot of young people are
living their lives".

It is estimated that drug use costs British industry UKP800m a year, leading
some employers to take more drastic measures. There is a growing (and largely
unregulated) industry which profits from providing everything from risk
assessment to on-the-spot urine tests to concerned employers.

According to Matthew Williams, from one such firm, Xy-Tec Diagnostics, Britain
is mirroring the US. "You would be very lucky to find a job in America where
you weren't tested for drugs on a pre-employment basis. We will catch up," he
predicts.

The majority of UK testing is still in "safety critical" industries like the
railways. London Underground's policy and system of testing is the most
advanced, but it still encounters difficulties.

Nigel Radcliffe is manager of the company's drug and alcohol advisory service.
Random testing does not prevent drug use, he admits, but the offer of treatment
if a worker comes forward does help to identify those with a problem.
Approximately one person a week is admitted into rehab via Mr Radcliffe's
clinic.

Ms Burgin is emphatic that not all people using drugs are addicts: "For many
young people in this country they are taking a range of drugs recreationally.
They are holding down extremely good jobs and they are performing everything
that's asked of them, often very well."

Craig's story is typical of those the Five Live team has encountered. He was
working as a depot supervisor for ScotRail when he went to a Queens of the
Stone Age concert. His friends (and the majority of the crowd) were smoking
joints. He says he had a few drinks and "a couple of tokes" of a joint.

The next day there was a minor incident in the depot. Craig was screened for
drugs, tested positive for cannabis and was dismissed. His manager didn't want
to sack him, Craig says, but his hands were tied by company policy. "I knew the
rules," he admits. "But I think for a career to go down the Swanee just for a
joint is absurd in this day and age."

Most people applaud attempts to ensure safety on the railways, but if the UK
does go the way of America, testing will become commonplace even in non-safety
critical industries. That's something which countless people feel is a Big
Brother-like infringement of their private lives.

But Mr Williams doesn't see why it shouldn't happen. "If you're paying somebody
for a 40-hour week then you want to have 40 hours of productive employment," he
says. Drug testing is one way of ensuring that, he adds.

However, it's possible to fake the results of a drug test. In America there is
a lively market in "clean" urine, and one shop in the UK told the programme
that it sells roughly 70 bottles a week of Ultimate Detox, a lurid "cleansing
carbohydrate drink" which, at UKP30 a bottle, claims to mask cannabis in your
urine for long enough for you to get through a test.

Reg (not his real name), a railway worker, says he has passed two tests with
Ultimate Detox, despite being a daily cannabis smoker. He was warned about the
tests by his line managers.

The relationship between drugs and the workplace is awash with grey areas, and
it doesn't look like the future is much clearer. Mr Radcliffe's advice to
companies is that if you don't have to drug-test, don't do it.

"You need to know why you want to know if your employees have been using
drugs," he warns. "If they're out of their heads it should be obvious and
that's a performance thing, but if you're going to test you open up a hornet's
nest and you've got to be prepared to go with that."

What The Law Says

The legislative framework is complex. Under the Misuse of Drugs Acts 1971,
distribution or use of drugs on company premises for non-medical purposes may
lead to prosecution for the employer.

The Health & Safety at Work Act 1974 states that an employer has a duty to
ensure the health and safety of employees, including taking "reasonable care"
to avoid injuries, diseases and death occurring at work.

The Management of Health and Safety at Work Regulations 1992 adds the duty to
carry out a formal risk assessment to the earlier act of 1974. In addition, the
employer must make arrangements for preventative and protective measures.

An employee who is under the influence of drugs or alcohol at work could be
seen as a risk to other workers' health and safety.

London Underground's policy originated as a result of concerns about the
Transport and Works Act of 1992, which made it a criminal offence to work on
railways and other transport systems whilst under the influence of drugs or
drink.

In future, both the Human Rights Act and the Data Protection Act may have a
bearing on drugs testing cases.

Meanwhile, using hidden cameras in places such as company toilets can be
justified "in cases of suspicion of serious crime" such as drug-dealing, "but
there should be an intention [on the part of the employer] to involve the
police," according to a new code of practice on workplace monitoring issued by
the Information Commissioner two months ago.

The Five Live Report, High Employment is on BBC Radio Five Live at 11am
tomorrow as part of Julian Worricker's show, and as a special documentary
report at 7.30pm that evening.