In 2015, a bus driver was awarded £83,910.00 compensation following his dismissal for failing a drug test for cocaine in 2012.
This month, another bus driver was awarded £37,639.32 compensation following his dismissal in 2017 for also failing a drug test for cocaine.
Interestingly, both cases are very similar in that both tests involved oral fluid testing and both were positive for cocaine following laboratory analysis. Both drivers denied ever taking illegal drugs and stated that the test result must have been from handling money on the day of the test and the money being contaminated by cocaine. The drivers subsequently paid for a laboratory hair test which resulted in a negative result for each driver.
Another similarity is that both drivers did not wear gloves during testing which is a fundamental element of the testing procedure. By not wearing gloves, it raised the possibility of the drivers contaminating the swabs and as they had handled bank notes before the testing took place. This resulted in a flaw in the testing procedure and test result and raised doubt to the validity of the test result.
These cases also raise doubt to the validity of oral fluid testing in the workplace. Like all workplace testing whether it is oral fluid, urine or hair, if the correct testing procedure is not followed or testing is carried out by company managers or personal who have not had formal training or refresher training, it raises the risk of a flaw occurring in the testing procedure.
Hampton Knight’s training for its Collection Technicians and testing procedures have been commended by external auditors “as being some of the most comprehensive and robust in the industry.” We apply the same principles to our training of company managers and personal and to the testing procedures to reduce the risk of flaws occurring during the testing procedure and ensure the outcome of the testing would stand up to a legal challenge.
For more information on the options for testing in the workplace including our comprehensive training programmes, please contact us on 01827 65999 or email email@example.com