Alcohol and drugs misuse is becoming something of a thorny issue for the UK construction sector. For reasons that aren’t fully understood, the industry has been identified as ‘higher risk’ in terms of drug use, and more than a third of construction workers say they have witnessed a colleague under
On 1st April 2016 the National Minimum Wage (Amendment) Regulations 2016 will come into force, introducing the national living wage. This highly anticipated change in law, announced by the Government last year, aims to help Britain’s lowest paid workers improve their standard of living, bringing direct benefits to 2.7 million
BDC 319 : Aug 2024
Alcohol and drugs misuse is becoming something of a thorny issue for the UK construction sector. For reasons that aren’t fully understood, the industry has been identified as ‘higher risk’ in terms of drug use, and more than a third of construction workers say they have witnessed a colleague under the influence of drugs or alcohol. According to a survey carried out by risk assessors protecting.co.uk on employees from a range of sectors, nearly a third admitted to using drugs at work. A significant number claimed to be ‘under the influence’ every working day. In fact, many of those admitting to taking drugs were using cannabis or other illegal narcotics. Despite the availability and increasing use of screening tests, around 65% of workers say they have never been tested, while a quarter said they had been tired at work because of the effects of drugs or alcohol. Construction is the most dangerous industry to work within in the UK. There were 38 fatalities in the past year, according to provisional figures issued by the Health and Safety Executive. Falls from a height were the most common cause of death, followed by being struck by moving vehicles or objects. In terms of non-fatal injuries, there are 58,000 incidents each year, and there are 82,000 work-related ill-health cases. Of these ill-health cases, 62% were caused by musculoskeletal disorders and 25% were caused by stress, depression and anxiety. This is significant as these conditions have been linked with the use of drugs and alcohol. While there is no data available to establish if any of these incidents were related to drugs or alcohol, it seems likely that they may have played a part in a proportion of cases. Screening and the law So what is the law for workplace testing in construction? Testing is legislated for in certain sectors, such as the aviation, rail and shipping industries. But while most larger companies now have a policy in place to deal with drug and alcohol misuse in the workplace, the construction industry is not legally required to enforce testing. However, employers do have a duty of care to maintain a safe working environment under the provisions of the Health and Safety at Work Act. If methods for detecting misuse are not implemented and an accident occurs, employers could face hefty fines or even be prosecuted. In the high-risk construction industry, it’s therefore vital that a robust policy is introduced. Evidential tests For high associated risk industries, it’s recommended that drugs and alcohol testing is carried out on a regular basis. For alcohol testing, a range of professional police-grade breathalysers are available for screening workers, such as AlcoDigital’s AlcoSaber (£295 + VAT), that will provide quick, accurate and instantaneous results. Alcohol interlocks are also available, which prevent equipment or machinery from starting until a negative breath test has been given. For many years, urine tests have been used as a reliable and cost-effective form of drug testing, providing instant results. This is useful for random testing and can serve as a deterrent to employees. However, urine tests often fail to reveal if an individual has consumed drugs in the last two hours. Blood testing is the most accurate method of establishing what drugs are in a person’s system – but the medical training and laboratory analysis required mean it’s impractical for regular testing policy. Hair testing can provide historical data of what drugs a person has used – but not from the most recent few weeks. For this reason, oral fluid collection has been established as the most practical method for drug-testing. With a far simpler collection process and a window of detection that mimics that of blood testing, this is the method of choice for UK Police roadside testing. Action is needed Over the last decade, huge progress has been made in terms of tackling illegal drug use and alcohol abuse in the workplace. Now it’s time for the construction industry to address the issues head-on and direct their attention towards putting in place policies and practices to make drug and alcohol screening compulsory across the industry.
On 1st April 2016 the National Minimum Wage (Amendment) Regulations 2016 will come into force, introducing the national living wage. This highly anticipated change in law, announced by the Government last year, aims to help Britain’s lowest paid workers improve their standard of living, bringing direct benefits to 2.7 million workers over the age of 25. The Government also predicts that the NMW will facilitate the granting of National insurance discounts and help small employers to guarantee their workers a minimum living wage. However, the scheme has come under fire recently, with critics arguing that it is nothing more than a tweak to the minimum wage regulations. From April 1st the new minimum wages will be: Age 25 and over – 7.20ph (now called National Living Wage) Age 21 to 25 – £6.70ph Age 18 to 21 – £5.30ph People younger than 18 – £3.87ph Apprentices – £3.30ph By comparison the Living Wage Foundation (LWF) set the national living wage at £8.25 per hour nationally and at £9.40 for the London area. The Living Wage Foundation base their figures on the public perception of the minimum income required and on detailed budgets. New research every two years enables their living wage to reflect changing social norms and there is an annual update which takes into consideration inflation. Employers who pay the Living Wage Foundation’s wage to all their employees can apply for their accreditation and there are currently more than 700 accredited living wage employers in London. Perhaps the real success story of the Government’s policy is the raised awareness of what constitutes a living wage and this is reflected in the fact that last year alone, 429 employers obtained accreditation from the LWF. The Greater London Authority’s report entitled “A Fairer London: The 2015 Living Wage in London”, showed the encouraging news that 85.5% of full time workers in the capital currently earn more than £9.40 per hour, although 50% of part time workers earn less. Employers whose margins are too tight to permit them to pay the living wage, will no doubt welcome this outcome, as should their employees. Certainly, it is preferable that a company remains operative and its workers in employment than for it to be pushed to breaking point by payments it cannot afford. On the other hand, those employers who are already accredited for paying the living wage, in sectors with broader profit margins, may well continue to reap the benefits of doing so, especially with regard to employee retention. As women still make up the majority of the part-time workforce, the pay discrepancy between part-time and full-time workers is likely to be reconsidered in the future, as part of the gender pay gap work by Government. It is unlikely that the issue of pay will recede as we all try to strike a balance between preventing employee exploitation and maintaining viable businesses. By Jacqueline Kendal, Head of Employment Law, RK LLP
