Substance Abuse at the Workplace
1. Can an employer ask employees to take mandatory drug tests?
Employment legislation does not specifically regulate this, nevertheless if drug tests are required for the health and safety of the individual himself and his co-workers, then mandatory drug tests would be justified.
In circumstances where there is a visible change in the employee’s behaviour and general performance at the work place then the employer can seek professional medical advice and instruct an assigned medical practitioner to perform drug tests.
An employee has a right to refuse to take drug tests. However if the employer has reasonable suspicion that the employee is abusing drugs, and that such abuse can be detrimental to the individual’s safety and to that of his co-workers then employment may be terminated.
2. Can an employer do random drug tests?
Similarly random tests may be organised not only on grounds of occupational health and safety but also in cases where any impairment in the employee’s performance could have serious implications on the company’s product or service; co-workers and potential third parties.
3. Can an employer dismiss employees who have been tested and found positive of substance abuse?
Ideally a company should have clear policies and procedures with regards to drug abuse and testing.
The company may opt to help employees testing positive with mandatory counselling, and where necessary rehabilitation programmes.
In cases where drug abuse is prohibited by the company and an employee is found positive, then it may take disciplinary action leading to termination of employment.
4. In the case of employees with a substance dependency/addiction problem, who can an employer contact for assistance?
The two main agencies specialised in this field are Agenzija Sedqa (tel: 2388 5110) and Caritas Malta (tel: 2590 6600).
5. Can an employer involve the police on suspicion of drug abuse at the workplace?
Given the fact that to date drug abuse and drug trafficking are criminal offences, the employer has a right and, in the case of trafficking, an obligation to involve the police.
6. Is the employer obliged to retain an employee with a dependency/addiction problem in employment?
The employer has the right to terminate employment when the performance of an employee is impaired by the addiction. However the employer may decide on a humanitarian basis, to consider re-employing the individual upon successful completion of the rehabilitation programme.
There are cases where the employer retains the employee on the company’s books for the duration of the rehabilitation programme, but this is discretionary.
