Programme of Testing & Analysis (PoTA)
The TOX247 definition of Workplace Toxicology:
“The use of confirmed and or unconfirmed toxicological sample mediums in a structured Programme of Testing and Analysis, used to examine the adverse effects of or ingestion of illegal and legal substances on an employee or contractor, which affects their Legal Duty to be Fit for Work or contravenes Criminal or Civil legislations, Corporate Governance or Terms and Conditions of employment.” – Jayne Hepple
Testing = Unconfirmed Toxicology (narrow window only) and Due Diligence Devices (DDD), which are instant-result, disposable test kits. These tests are inconclusive and merely indicate whether something may or may not be present. The devices create a chemical reaction on a reagent strip, reflecting the company's due diligence when engaging temporary workers, subcontractors, or individuals without formal contracts. Random employee testing and intervention protocols may escalate to the next level if necessary. The outcome is a pass or fail based on the company's DDD protocol. The subsequent actions depend on whether you are an employee or a contractor.
What is Sample Testing?
What is Sample Analysis?
Analysis = Confirmed Toxicology Back to Laboratory (BTL), involving A&B sample submissions, providing conclusive evidence reported by a Toxicology Reporting Officer (TRO), not a medical review officer (MRO). This analysis is used in situations where definitive evidence is necessary to protect the company or defend against challenges from an employee with legal rights. Historical analysis of potential employees, where employment is contingent on passing the sample analysis, helps prevent undetected substance management issues from arising in the workplace.
Each of the above definitions are applied to the TOX247 three categories of need to test or analyse employee or contractor samples, which are:
Category 1 Category 2 Category 3
Testing or analysis for statutory illegal substances or legally prescribed substances used illegally. Generally, the employer will have no knowledge of a donor’s use of illegal substances, it is only the PoTA that will expose / detect this illegal activity. Illegal substances are simply used: you cannot misuse an illegal substance, the fact it is illegal dictates there are no legal guidelines. The measure of illegal substance use is: Casual, Regular, or Chronic / Chaotic.
Note: Category 1 involves illegal drug use, generally having a zero tolerance in the workplace with a mandatory countermeasure by law, insurance obligations and in the interests H&S and other legislations. It is the toxicology of analysis that will be applied to company contracted employees. It is the unconfirmed toxicology of DDD testing that is applied to contractors and other situations such as induction protocols and more.
Testing or analysis for legal substances where the measure is Misuse, Abuse, Disorder has developed or is developing. Category 2 allows for those employees who are suffering the side-effects of debilitating medications to declare the fact they are not able to meet their legal duty to be fit for work. It is also testing for legal substances, such as alcohol, which can become illegal in certain situations and where limits need to be set within the company SAMP. Generally, the employer will have no knowledge of this and rely on the PoTA to expose / detect a problem that requires the employee, or a situation, to be managed.
Note: Category 2 involves legal substance use/misuse/abuse/disorders, which requires the employer to have mandatory management countermeasure by law, insurance obligations and in the interests H&S and other legislations. It is the toxicology of the sample that will be used in evidence.
Testing and analysis provided under the controls of a structured Employee Assistance Programme (EAP) intervention that allows the employer to manage Categories 1 & 2 in the full knowledge they must manage the donor’s self-referral to a conclusion or commercial decision. In all situations of Category 3, the employer now has full knowledge of the employee’s predicament, whether illegal substance use or legal substance misuse / abuse / disorder exists.
Note – Category 3 requires that an employee has to meet the EAP enrolment criteria before they can be enrolled voluntarily into a substance management intervention for an ultimate decision as to their fitness carry on working in the company in the same or another capacity. This category requires the employer to have mandatory management countermeasure by law, insurance obligations in the interests H&S and other legislations. An employee who self refers an issue cannot be dismissed for the reason they self-refer. Assessments, practices, processes, and procedures must be conducted for formal decision making regarding the employee within Corporate Governance. It is the toxicology of analysis that will be evidential.