1 Jun 2012
Amy Paxton
Job Title
In the latest article for VBJ, Amy Paxton, talks through issues surrounding alcohol and drug use during working hours
ATTITUDES TO DRINKING alcohol during working hours have changed completely over the past few years – it is now accepted that performance and judgement are likely to be impaired by alcohol consumption and could lead to accidents at work. There is also the longer-term health threat to employees caused by alcohol.
Employers are also recognising a greater incidence of drug-taking among employees. This may lead to misuse and damage the employee’s health, cause absenteeism and reduced productivity; and it may also increase the risk of accidents.
Businesses have a general duty under UK legislation to ensure, as far as is reasonably practicable, the health, safety and welfare of employees. If the employer knowingly allows an employee under the influence of excess alcohol or drug-taking to continue working and this places the employee or others at risk, then he or she could be prosecuted.
Similarly, employees are required to take reasonable care of themselves and others who could be affected by what they do. In the transport industry, additional legislation controls the misuse of alcohol and drugs. The Transport and Works Act 1992 makes it a criminal offence for certain workers to be unfit through drink and/or drugs while working on railways, tramways and other guided transport systems.
The operators of the transport system would also be guilty of an offence, unless they had shown all due diligence in trying to prevent such an offence being committed. It is also an offence under the Misuse of Drugs Act 1971 for any person knowingly to permit the production, supply or use of controlled substances on their premises except in certain circumstances (for example, when they have been prescribed by a doctor).
Businesses should adopt an alcohol and substance misuse policy, in consultation with their staff. This policy should aim to support affected employees rather than punish them, though the policy must say that possession or dealing in drugs at work will be reported immediately to the police. If an employee admits to being a drug user, the policy should seek to help that person rather than lead to dismissing him or her.
Some employers have decided to adopt drug screening (or the right to search) as part of their drug policy. If an employer wants to do the same, he or she must think very carefully about the purpose of that screening, and what will be done with the information it generates.
It is also important to consider the drug testing process itself, including the type of testing, how the sample is collected and the security of the sample from contamination. The employer should seek professional advice and guidance on these matters. Similar issues arise if an employer wishes to adopt alcohol screening as part of its alcohol policy.
So if you’re thinking about implementing an alcohol and drug policy, you should consider the following:
• Find out if you have a problem. There should always be a good business reason for the introduction of a drugs and alcohol policy.
• Where safety is an issue, the policy should make clear that the employer has zero tolerance of alcohol and drugs use.
• Make a list of who you need to consult.
• Decide how your company expects employees to limit their drinking, and consider how you can make sure that if an employee has a possible alcohol problem, this is noticed, and help is offered.
• Decide when you will treat an employee’s drinking or drug-taking as a matter for discipline rather than a health problem.
• Set out in the policy the organisation’s procedures for dealing with these issues and provide this information to staff.
