Drug and alcohol testing consent form template

UK employment law and best practice

This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.

Workplace drug and alcohol testing needs to balance legitimate health and safety objectives with employee privacy and data protection. GOV.UK states that employers need employees' consent if they want to test for drugs and recommends limiting testing to employees who need to be tested, with random testing conducted genuinely at random. https://www.gov.uk/monitoring-work-workers-rights/drug-testing

Consent to testing

The Health and Safety Executive states that employees must consent to drug and alcohol screening for practical and legal reasons. It also explains that employees cannot simply be forced to take a test, although refusal in circumstances where the employer has good grounds for testing may potentially lead to disciplinary action. https://www.hse.gov.uk/alcoholdrugs/screening-testing-drugs-alcohol.htm

A written consent form therefore provides useful evidence that the employee was told what the test involved and agreed to provide the sample. Consent should be genuine and informed rather than obtained through pressure or a lack of explanation.

Proportionate testing

HSE recommends thinking carefully about what screening is intended to achieve and says that testing may be particularly appropriate in safety-critical roles where impairment could create serious risks. It should form part of a wider health and safety policy rather than being relied upon as the sole control for drug or alcohol misuse. https://www.hse.gov.uk/alcoholdrugs/screening-testing-drugs-alcohol.htm

Employers should therefore be able to explain why testing is necessary and why the particular employees, circumstances and testing arrangements have been selected.

Data protection

Drug testing involves the collection and processing of personal information. GOV.UK confirms that data protection law applies to workplace monitoring involving drug testing and that employers should keep relevant information secure. https://www.gov.uk/monitoring-work-workers-rights

Test results should be accessed only by people with a legitimate need to see them and retained only for as long as necessary in accordance with the organisation's data protection and retention arrangements.

Testing procedure

HSE highlights the importance of ensuring that samples cannot be contaminated or tampered with and that testing and analysis procedures are accurate. https://www.hse.gov.uk/alcoholdrugs/screening-testing-drugs-alcohol.htm

The consent form should therefore sit alongside a reliable testing procedure that explains sample collection, analysis, confirmation of non-negative results and how any challenge or dispute will be handled.

Health and safety

The strongest justification for workplace drug and alcohol testing is generally linked to managing genuine health and safety risks. HSE identifies safety-critical work, including certain driving and machinery roles, as situations where screening may have particular relevance. https://www.hse.gov.uk/alcoholdrugs/screening-testing-drugs-alcohol.htm

Employers should consider testing alongside other controls, including a clear policy, management awareness, appropriate training, support for employees with substance misuse problems and a fair process for dealing with concerns.