Reply to: Drug and Alcohol Testing

[dx4100]

Nothing to do with IR35 - its a reasonable request - take the test

Unless your on drugs in which case - don't take the test

[greenlake]

[Acme Thunderer]

Would you be happy if the grounds were "we're nosy"?

Doubt anyone would do it because they are nosy. The testing has a cost so they must think there is a benefit to them, could be Regulatory, Safety of the work force or avoiding damage to their reputation

[BlueSharp]

Invoke your right to a Substitute and get a high class hooker to help you. 100% solid ir35 defence.

[pr1]

Do they pat you down to check you don't have any bottles secreted about your person. Any "please bend over" incidents?

Not in any way you that you couldn't get around it if you were prepared - but they're always "surprise" ones (you find out about 5 minutes before you need to go in) so unless you keep a bottle of fresh warm piss about your person every day you're probably not going to be ready for that

The fact OP can debate / put this off for so long sort of distorts the result as they're being given chance to let any drugs they have taken get out of their system before they take the test - so sounds like a box ticking exercise rather than a genuine/typical D&A test on the grounds of safety critical work

[Paralytic]

FWIW I have to do fairly regular D&A tests - no one "watches you pee" - they cordon off a toilet and tape up the taps (so you can't use tap water) and put some blue dye in the toilet (so you can't take the toilet water), check you don't have any apple juice in your pockets then send you in and wait outside the door until you come out. All above board and nothing to fret about (unless you're worried about the result of course)

Do they pat you down to check you don't have any bottles secreted about your person. Any "please bend over" incidents?

[pr1]

I also suspect the process (monitored urine sample to be taken) would be somewhat demeaning.

Yep. He could have paruresis and be medically unable to pee while monitored.

FWIW I have to do fairly regular D&A tests - no one "watches you pee" - they cordon off a toilet and tape up the taps (so you can't use tap water) and put some blue dye in the toilet (so you can't take the toilet water), check you don't have any apple juice in your pockets then send you in and wait outside the door until you come out. All above board and nothing to fret about (unless you're worried about the result of course)

[NotAllThere]

Next time you will object to signing an NDA, as it's infringes on your free speech.

Not quite as invasive though. How many would object to a blood test? Or the client taking their fingerprints, or a DNA swab? What matters is whether the test is proportionate or not to the role.

[sal]

It's not that much different from H&S "induction" it has no bearing to IR35.

As for your "civil liberties", you are at liberty to refuse the test, how it's going to affect your contract is another matter and has nothing to do with "civil liberties".

Next time you will object to signing an NDA, as it's infringes on your free speech.

[NotAllThere]

I have worked several places that require D&A Testing on safety grounds and find it difficult to believe that people get uppity about having to do Drug and Alcohol tests,

Would you be happy if the grounds were "we're nosy"?

[NotAllThere]

Invoke your substitution clause, and substitute your pee with apple juice.

Then, just before you hand it to them, say "This needs to go through again", and drink it.

[malvolio]

I'm pretty sure it's the latter but I'll definitely check.

But they don't see you as a supplier, merely a worker doing a job... an expendable one, at that. IF everyone has to do it it's not a differentiator anyway.

Let me guess - Rail or Airline.

[SuperLooper]

Invoke your substitution clause, and substitute your pee with apple juice.

[BR14]

train your cat to piss in a tube?

[Acme Thunderer]

I have worked several places that require D&A Testing on safety grounds and find it difficult to believe that people get uppity about having to do Drug and Alcohol tests, unless of course they are frightened of the result. Do you want the work or not? If you do take the test, if not walk away. There are plenty of contractors out there that will happily take the gig instead of you.