Workplace Drug and Alcohol Testing: The Real Cost of Not Screening Employees
In 2026, does your company plan to take basic steps to prevent employees and customers from alcohol and drug driving "accidents"? An inexpensive practical action plan exists - and if you're not using it, the question becomes: why not?
The Legal Reality: Section 40 of the Health & Safety at Work Act 1974
"In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement."
Section 40 creates what's known in Health, Safety and Occupational Hygiene sectors as "the reverse burden of proof."
This means if a workplace incident occurs, the law requires you to prove that it was not practicable or not reasonably practicable to do more than you actually did to prevent it.
The critical questions:
What steps did your organisation take to prevent an accident which has occurred?
If you are not testing in your workplace, have you taken practicable steps to prevent that accident?
How Agriyork 400 Ltd Can Help
At Agriyork 400 Ltd we have many years of experience in drug and alcohol testing.
Policy Development and Compliance:
We evaluate a company's existing drug and alcohol policy to advise on compliance from several viewpoints:
Challenge at a tribunal.
Equalities Act/ Anti-Discrimination Laws
Data Protection
If your company does not have a policy, we can provide a template which is legally defensible.
Testing Solutions:
We provide donor consent forms, drug screening tests, and train the trainer sessions so that your own staff can perform the testing. Tests are simple to use, and the results are available within 10 minutes.
We offer both urine and oral fluid Point of Collection Tests. We recommend oral fluid as it is more hygienic to sample, difficult to adulterate (cheat), and indicates recent use and therefore potential impairment.
A Powerful Deterrent for £55 Per Month
A box of 25 tests costs £275. These screening tests detect the 8 most commonly abused drugs, both illicit and prescription, and also include an alcohol indicator.
5 random tests per month gives you a powerful deterrent policy for just £55 per month.
View our full range of drug testing products for detailed specifications.
The Bottom Line
Will you be telling the HSE investigator that the programme as briefly described above was “not reasonable”?
Please let us know how we can help.