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Job, and one of the supervisors, who we ... we think is also...

Mr Howard: It's just that we think it's dangerous.

Mrs Howard: ... and it's bad for our reputation.

Ms Brewer: Right. If I could just jump in here and summa rise

what you've been telling me. You suspect that several of

your employees abuse drugs and so you're contemplating

implementing a drug-testing programme, is that correct?

And you'd like me to inform you about the legality of such a

Course of action.

Mr Howard: Yeah, that's right.

Ms Brewer: Well, first of all, I should say that the legal position

on drug testing at work isn't at all clear at present. There's no

Direct legislation, and important legal questions depend on

The interpretation of numerous provisions in health and safety,

employment, human rights and da~a-protection law. This is a

Very tricky area, and one would have to proceed very carefully.

Mrs Howard: What do you mean?

Ms Brewer: Well, if you were to subject your employees to drug

Testing, and you found out that a worker abused illegal

substances and then terminated his employment, there's a

Good chance that you could be sued for violating the

employee's right to privacy.

Mr Howard: But what about my rights? Such as my right as an

employer to maintain a drug-free workplace?

Mrs Howard: Exactly!

Ms Brewer: I agree with you, Mr Howard, but we have to look at

What the law says. Generally speaking, the courts in our

Jurisdiction have only tended to rule in favour of the employer

In those cases where the dismissed employee has been

Engaged in safety-sensitive work. And where the employer

Had implemented a long-term workplace safety policy that

Included not only drug testing, but also the opportunity for

The workers to get treatment for their drug problems.

Mr Howard: But that could take ages! We can't risk waiting

until they've had a chance to kick their drug habits!

Mrs Howard: John's right - we need to act on this now.

Ms Brewer: I'm afraid I have to disagree with you both. In my

Opinion, you risk more by acting hastily, by making a kneejerk

Reaction to the problem. You risk costly litigation that

you'd most likely lose.

Mrs Howard: That may be true, but we can't just sit back and

Do nothing.

Mr Howard: I couldn't agree more! There must be something

We can do to respond to the situation right now. After all,

these three workers are window cleaners, and there's most

definitely a safety issue involved. We're responsible for the

Safety of our workers and for the safety of others.

Ms Brewer: I see your point, and you're absolutely right - you

Do bear responsibility for the safety of others. Let me

suggest something you could do immediately: you could

Consider re-assigning the workers in question to different

Tasks, to jobs that are less safety-sensitive. And then you



Could launch a new workplace safety initiative, concentrating

On drug and alcohol abuse, with employee meetings, memos

And the like informing your workers of the new policy.

Mrs Howard: That's not a bad idea...

Unit 9

Listening1

Part I

Now, I'd like to move on to the retention of title clause. Every

Supplier of goods should include a retention of title clause in


Date: 2015-12-11; view: 921


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