What is a SAMP?
The SAMP is one element of the modular TOX247 Ltd Workplace Substance Management Programme (WSMP). The SAMP, like T&Cs of employment should identify the employee’s legal duty to be fit for work. Without the SAMP it would be difficult to gather evidence
where company standards have been breached, more difficult where a SAMP has set no standards or unenforceable general information.
Too many companies believe they have a workplace substance management programme because they have a policy, the policy is not the whole programme. At TOX247 we have reviewed over 4,000 company policies and not found one fit for purpose or legally defensible, some being illegal in content and application.
Always remember it is the officers of the company that are culpable in law and the running of their company. A SAMP is the defence for the culpable officers against criminal & civil legislations by the use of toxicology to gather evidence in their defence when making formal
decisions regarding workplace substance management and its correlation to criminality and an employees legal duty to be fit for work.
It’s for this reason the company needs to set standards and identify the consequences of breaching those standards when an employee is engaged by the company, when a sub-contractor is subject to the company SAMP, and when formal decision making is required within Corporate Governance.
While employees can refuse to provide samples for testing or analysis, or submit to a company EAP, they have to justify that action. It will be the SAMP that not only manages a range of situations it also manages the non-conforming employee. No SAMP or a Poor SAMP, no management capability, or a capability that is significantly weakened at litigation.
Some tips for you:
1. Never put into a SAMP anything you cannot enforce, it is the SAMP you will be defending at litigation.
2. Never put acts and sections of law into the SAMP, you will need to defend each act to the letter at litigation.
3. Many acts & sections are for the benefit of law enforcement procedures as opposed to the workplace procedure.
4. Do not have a verbose SAMP and do not have a SAMP that does not defend your programme or the company.
5. Always identify which sample mediums you are going to use in the company and the standards by which they will be used, either evidential or non-evidential.
6. Always identify the needs of the Employee Assistance Programme and the consequences of failing any part of it and there may be a need to reduce pay for reasonable adjustments.
7. At TOX247, We have developed a three-part policy: Part 1 is the ‘About the Policy’ document. Part 2 is the SAMP and Part 3 is the ‘Programme Administration Manual’. Part 2 is the legally defensible document presented at litigation.
There is much more to writing a SAMP, we will write it for you and adapt it with you.
