TOX247 Ltd Newsletter Corporate Concerns (Monthly Update November 2023)

Posted on 06 November 2023

Welcome to the November 2023 edition of TOX247’s monthly update for all things corporate
regarding workplace substance management. This update is to assist those corporate officers
who have 24/7 culpability for the day-to-day business operation where formal decisions need
to be legally defensible, compliant within in a variety of laws, statutory requirements, and
sector specific regulations. The culture update helps those professionals who are accountable
or responsible when making formal decisions that need to be legally defensible when
challenged internally or at litigation.

As a registered expert witness in the UK witness directory regarding Workplace Substance
Management, questions I will ask any company officer or any relevant profession pre or during
litigation is “In what way are you qualified regarding workplace substance management?
When did you last qualify any accreditation? Do you have any formal recognition specific to
the complicated subject that is workplace substance management?” It does not surprise me
when I hear the answer, I have none as there are none available to me. The answer is “Yes
there is” The TOX247 Academy of workplace substance management has developed a range
of qualifications, not just for professions to formally upskill but also guidance for sectors, many
of whom are poorly advised by unqualified provision.

So the next question for the corporate officers who are culpable to this and many other
situations, whether they like it or not is; “Who in your team is sufficiently qualified to protect
your culpability in any form of litigation where substance related issues are a contributory
factor?” The answer I hear you say is none, we outsource that responsibility. Be warned, you
cannot outsource or delegate downward your culpability or the corporate culture to those
who have no knowledge of it. Trust in your own team or your provider is critical to your peace
of mind. As an officer of a number of companies myself, I have no use for ambiguous language,
woolly decision making or a lack of knowledge from my team or on behalf of our clients.

We all know that illegal substance use is rising in society. Recent reporting from investigative
journalists and cartels themselves has shown the UK has never seen so much cocaine being
imported from a variety of cartels. In our own business we see what is happening in society is
also reflected in the workplace. This is a major concern to officers of companies and those
who are accountable to them. At TOX247 we have been using hair analysis for some time with
regard to pre-employment protocols, we have seen an increase of positive samples from 1 in
4 samples, to 1 in 2 of all job applicants. In workplace related incidents the workplace positive
rates from samples analysed at a laboratory remains at 1 in 4 of all incidents.

The other comorbidities of mental health and physical wellbeing are also massively impacted, add to
that additional issues such as; absenteeism, quality of work, turnaround of staff & training
costs, the meeting of insurance obligations, compliance with criminal and civil legislations to
name just a few. It is all a major concern, and I have not yet mentioned the management /
misuse of prescribed medications, alcohol, and other legal substances. A major concern for
companies to be ready for at this time of the year is the regular drink and drug driving
campaigns activated in the UK and other parts of the world. In coming editions we will go into
a wide variety of subjects to best prepare companies to better protect their officers and those
who are accountable or responsible to them. Trevor Hall CEO TOX247.

At TOX247 we have identified three categories of workplace test and analysis. These should
be part of any companies Substance & Alcohol Management Policy (SAMP)

TOX247 Category 1 Workplace Testing & Analysis
Is for illegal substance use or legally prescribed substances used illegally.
Generally, the employer will have no knowledge of what is occurring in their workplace culture
regarding these substances, and it is only the Programme of Testing & Analysis (PoTA) that will
expose / detect this illegal activity. This category will usually require disciplinary action and a
defence in criminal or civil action. All officers of the company are culpable in law if they know
and allow illegal substance use to be conducted on company premises or when employees are
on duty on or away from company premises. This category is mandatory in law, not optional.

TOX247 Category 2 Workplace Testing & Analysis
Is testing / analysis for legal substances that maybe being misused, abused, have debilitating
side effects or a disorder has or is developing. It is also testing & analysis for legal substances,
such as alcohol, which can become illegal in certain situations.

Generally, the employer will have no knowledge of this activity and rely on the PoTA to expose
/ detect a problem that requires the employee to be managed. The employer does need to
set alcohol limits for enforcement in the workplace. Again, this category is mandatory in law,
compliance, risk assessment and is not optional.

TOX247 Ltd Category 3 Workplace Testing & Analysis
Is provided under the self-referral controls of a structured Substance Management
Intervention (SMI) allied to a comprehensive assessment. The SMI allows the employer to
manage Categories 1 & 2 testing & analysis in the full knowledge they have to be seen to
manage the donor’s self-referral to a conclusion or commercial decision, regardless of the
issue being for illegal or legal substances. In all situations of Category 3 testing & analysis the
employer will now have full knowledge of the employee’s predicament and will be culpable
to criminal and civil legislations. This category is again mandatory in law, compliance risk
assessment and above all employee welfare, it is not optional.

Bearing in mind the above company culpabilities; Is your team trained with proof of
competence?

If you need further help regarding training courses, the build of a complete and robust
workplace substance management programme (WSMP) you can visit www.tox247.com for
further information. We have reviewed over 4,000 corporate substance management policies,
we have not yet found one fit for purpose, do not think yours is just because you have one.
Contact us direct at; info.tox247.com for more information.