3rd March 2010, 07:51 PM
As far as I am aware random testing in the workplace is not a legal requirement by the HSE or any other authority. However, despite on the face of it being a voluntary agreement many of the main contractors force this upon subcontractors, usually at the induction phase by saying you won't be allowed on the job unless you sign a agreement to submit to testing. I don't know how that works out in employment law, but there's nothing in any contract I've ever signed with an archaeological firm which stipulates that you have to submit to testing just abide by their policy of alcohol and drugs in the workplace? I'd be curious to know if anybody knows what the legal standpoint would be if an individual either refused to be tested or failed a test by the main contractor but was not in breach of the contract they had signed with the archaeological firm they were working for? Could the archaeological firm legitimately terminate your contract?