Putting legal issues under the microscope - forensic medicine

FORENSIC MEDICINE is the branch of medicine concerned with the resolution of criminal or civil legal issues by the application of scientific medical knowledge.

The specialty of forensic medicine is often referred to as legal medicine in Europe and in Spanish-speaking countries.

One branch of forensic medicine is forensic toxicology, which deals with the investigation of toxic substances, environmental chemicals or poisonous products. Forensic toxicology is actually a mix of many other scientific disciplines such as chemistry, pathology and biochemistry. It also shares ties with some of the environmental sciences.

Forensic toxicologists perform scientific tests on bodily fluids and tissue samples to identify any drugs or chemicals present in the body.

As part of a team investigating a crime, a forensic toxicologist will isolate and identify any substances in the body that may have contributed to the crime, such as: alcohol; illegal or prescription drugs; other chemicals; poisons; metals and gases, such as carbon monoxide.

Working in a lab, the forensic toxicologist performs tests on samples collected by crime scene investigators. They use highly sophisticated instruments, chemical reagents and precise methodologies to determine the presence or absence of specific substances in the sample.

The field of forensic toxicology has grown to include drug testing for employers, testing of animal samples for wildlife criminal investigators, testing for ‘date rape’ drugs and performance-enhancing substances.

In the case of drug misuse in the workplace, drug misuse can harm the misuser both physically and mentally and, through the misuser’s actions, other people and the environment.

Drug misuse can be a serious problem not only for the misuser but also for the business where they work and, sometimes, for their coworkers. The possession of some drugs is illegal, exposing the misuser to the risk of criminal charges as well as causing harmful effects to their health. An employer would be breaking the law if they knowingly allowed drug-related activities in their workplace and failed to act.

Employers have a general duty under the Health and Safety at Work Act 1974 to ensure, as far as is reasonably practicable, the health, safety and welfare at work of their employees. They also have a duty under the Management of Health and Safety at Work Regulations 1999, to assess the risks to the health and safety of their employees. If an employer knowingly allows an employee under the influence of drug misuse to continue working and his or her behaviour places the employee or others at risk, then the employer is breaking the law. Employees also have a legal duty to take reasonable care of themselves and others who could be affected by what they do at work.

Drugs can affect the brain and the body in a number of ways. They can alter the way a person thinks, perceives and feels, and this can lead to either impaired judgement or concentration. Drug misuse can also bring about the neglect of general health and well-being. This may adversely influence performance at work, even when the misuse takes place outside the workplace.

Forensic toxicologists also work on cases involving environmental contamination, to determine the impact of chemical spills on nearby populations. Investigators rely on the forensic toxicologist to make reliable conclusions about the impact a specific amount of a specific substance would have on a particular individual.