Dealing with drugs and alcohol in the workplace
UK businesses lose an estimated £3.5 billion a year to drink and drug related problems such as absence, lateness, lost business and poor productivity.
It is therefore important to deal with substance and alcohol abuse as soon as you discover it’s a problem. Preferably, have a policy in place that all employees can refer to so they know what is (and what’s not) acceptable.
This fact sheet explains what your legal responsibilities are as an employer, how to assess the risk of alcohol and drug abuse to your business and how to write an effective policy to prevent future problems.
What is drug and alcohol misuse?
It may seem obvious, but it’s important to define what drug and alcohol abuse actually means. For most people, for example, drinking is a positive part of life and most of the time does not cause any harm. But drinking too much or at the wrong time can be harmful.
Drinking even small amounts of alcohol before or while in charge of safety sensitive work - such as using dangerous machinery or driving - will increase the risk of an accident.
Drug misuse refers to the use of illegal drugs and the misuse of prescribed drugs and substances such as solvents. Drugs can affect the brain and the body in a number of ways and this can influence performance at work, even if the drugs are being taken outside of work.
How drugs and alcohol can affect your business
Alcohol and drug abuse costs UK companies billions of pounds each year in lost revenue. This is mostly through absenteeism, lateness, reduced productivity and unprofessional behaviour, which can lead to lost business.
But employees with drug or alcohol problems may also impact upon the morale and motivation of other staff in your company too. They may be bothered by the erratic behaviour they experience from their colleagues or feel resentful at having ‘carry’ them as their work declines as a result of drink or drugs.
Your legal responsibilities
The Health and Safety at Work etc Act 1974 requires you, as an employer, to keep employees and third parties free from risk of harm as far as is reasonably practicable. The Management of Health and Safety at Work Regulations 1999 also requires that employers fully assess the risks arising from workplace activities, and this includes the risks from potential drug and alcohol use.
If you knowingly allow an employee under the influence of alcohol or drugs to continue working and his or her behaviour puts other employees at risk, you could be prosecuted. But the consequences of allowing someone who has used drugs or alcohol to continue working in safety sensitive lines of work are much worse.
The Transport and Works Act 1992 makes it a criminal offence for workers to be unfit through drink or drugs while working on railways, tramways and other guided transport systems. Unless the employer in such circumstance could show they had taken all due diligence in trying to prevent such an offence, they could also be found guilty.
And remember that many drugs are illegal. If you knowingly permit the production, supply or possession of any controlled drugs, the smoking of cannabis or certain other activities to take place on workplace premises you could be committing an offence under the Misuse of Drugs Act 1971.
Defining policies and guidelines
Setting up clear policies and guidelines on smoking, drugs and alcohol abuse can help you communicate your company’s stance on these issues as well as demonstrate how you are meeting your legal requirements.
A written policy leaves less room for misunderstanding than an informal ‘understanding’ and it does not have to be a long and complicated document. It also plays an important positive role by stressing that prevention is better than cure and that support will be offered to employees who have problems in this area.
Some of the other benefits of having policies in place include:
• Employees have clear guidance on what is and isn’t acceptable
• Employees are aware of what support is available as well as what disciplinary procedures apply
• Managers know what procedures they should follow if they have a problem
• Policies raise awareness about particular problems, which can lead to positive action
• By dealing with alcohol and drug abuse they can reduce sickness and staff turnover and lead to more productivity
• Policies help prevent the risk of employees driving or operating dangerous machinery whilst under the influence of drugs or alcohol
• Policies help you meet your legal responsibilities for health, safety and employee welfare
Dealing with smoking
While smoking is a slightly different issue to drugs and alcohol, it’s worth mentioning here, as a policy on smoking can be useful. It will demonstrate how you are meeting your responsibilities under the Workplace (Health, Safety and Welfare) Regulations 1992 to protect non-smokers from passive smoking in rest rooms or rest areas.
The health risks of smoking and passive smoking are well documented and the law protects non-smokers from breathing in tobacco smoke in the workplace. Many companies now have a clear no-smoking policy. You might consider:
• A total ban
• Creating designated smoking areas that are well ventilated
• Allowing smoking in each work area unless someone objects
If you do decide on a total ban how will you deal with employees gathering outside workplace premises to smoke? How will this affect the image of your business? It is always advisable to consult with your staff - both smokers and non-smokers - to see what will work best.
A smoking policy has clear benefits, including:
• Healthier employees
• Reduced disputes between smokers and non-smokers
• Cleaner premises
• A better image
• It demonstrates you are fulfilling your health and safety responsibilities
Dealing with alcohol abuse
The two main concerns you should have about inappropriate drinking are:
• Alcohol-related absenteeism and sickness
• The effects of drinking on productivity and safety
Having a policy is important whether or not you believe there is a problem with alcohol abuse in your company. It may help prevent problems occurring in the future.
Some of the signs that might indicate that an employee is having problems with alcohol include:
• Frequent hangovers
• Above average time off sick
• Reduced productivity
• Workplace accidents
• Disciplinary problems
• Customer complaints
The prospect of telling employees when and how much they can drink can be very daunting. It helps to start by consulting your staff. While there are specific examples where a strict no-alcohol rule is necessary - e.g. where employees are driving or using dangerous machinery - the restrictions you place will depend on your business. You may choose, for example, to permit drinking at lunchtime or at work during certain social events.
Remember that employees with drink problems have the same rights to confidentiality and support as they would if they had any other kind of medical or psychological condition. Disciplinary action should be a last resort. Make this clear in your policy.
Dealing with drug abuse
Drug misuse can be a serious problem not only for those taking them but also for the business where they work and, sometimes, for their colleagues. Your duty, as an employer, is to protect your staff from the potential risks posed by a drug abuse.
There is no stereotype for people who take drugs; they can literally be anybody. Short of seeing an employee taking drugs, it can be very difficult to spot when somebody has a problem. It can be useful to educate yourself on the types of drugs that are out there and on some of the signs to watch out for.
The following types of behaviour could indicate that a member of staff is using drugs:
• Sudden mood changes
• Unusual irritability or aggression
• A tendency to become confused
• Fluctuations in concentration and energy
• Impaired job performance
• Poor time-keeping
• Increased short-term sickness absence
• A deterioration in relationships with others at work
• Dishonesty and theft (drug dependency is an expensive habit)
Remember that these types of behaviour can easily be the symptoms of other problems - such as stress. It’s important not to accuse an employee of using drugs based on these signs alone. The best approach is to have a confidential conversation in order to establish what the cause might be.
As with alcohol, a policy on drugs should form part of your company’s overall health and safety policy. Dealing with drug misuse is a sensitive area. Let staff know that you will treat the problem, as far as possible, as a health issue rather than a cause for dismissal or disciplinary action. Emphasise that all information will be treated confidentially.
A typical policy
Remember that getting the support of your employees for a new policy is much easier if they have been consulted and involved in the process. And no policy will be much use unless it is properly and regularly communicated to all members of staff.
Always emphasise that information will be kept confidential and that help and support will be offered if needed. A good policy on drugs or alcohol will cover the following areas:
Aims
Explain why you have a policy and who it applies to.
Responsibility
Explain who is responsible for implementing the policy.
The rules
Explain how the company expects employees to behave to ensure that drug and alcohol abuse does not affect their work.
Special circumstances
Explain if there are any exceptions, e.g. drinking being allowed during social functions.
Confidentiality
Assure employees that any problems will be treated in strict confidence.
Help
Include a description of the support available to staff who have problems with drugs or alcohol. This should include GPs, specialist support and counselling information.
Information
Demonstrate a commitment to providing employees with general information about the effects of drugs and alcohol on health and safety.
Disciplinary action
Describe the circumstances in which disciplinary action will be taken.
Discipline and grievance
If an employee has a problem with drugs or alcohol your first step should be to provide support and to help them find a solution. But sometimes providing support is not enough and as an employer you have a responsibility to protect your employees’ health and safety.
If an employees’ behaviour could place themselves or others at risk, you must intervene. Your business should have a clear disciplinary procedure for dealing with cases of misconduct. You should also have a grievance procedure so that employees can complain formally if they feel they are being mistreated.
Summary
The negative effects of drugs and alcohol abuse are wide-reaching and can be harmful for business productivity and general staff morale.
Some companies - especially those whose staff carry out safety-critical tasks - now carry out screening on their staff for drugs and alcohol. This is a very contentious area, which should be considered very carefully as there is a strong risk of alienating and de-motivating your employees.
The best way to prevent the abuse of alcohol and drugs in your workplace is to have a written policy, which explains clearly what behaviour is and is not acceptable. This will provide guidance to all staff and show that you are committed to addressing this issue.
Working under the influence of alcohol is strictly prohibited. This means more than just not drinking on the job. Tests have shown that alcohol can still have an effect on your body up to 18 hours after you have stopped drinking. Alcohol use is a legitimate on-the-job safety issue - and not just an attempt to control off-the-clock lifestyles.
Alcohol is a sedative. Drinking any quantity of alcohol impairs a person's judgment, thinking ability, and coordination to some degree. Some people can "handle" alcohol better than others, but it is a fact that any alcohol consumed has some effect. Other factors which influence your body's ability to metabolize alcohol include your weight, medications, and previous medical conditions. You may not feel it right away, but remember, alcohol affects judgment.
After drinking, you are no longer in a position to assess your own capabilities. You don't have to be drunk to have some impairment. If you can't make it through the day without a drink, you could have a problem and should seek professional help.
What should you do about a co-worker who is drinking on the job? Should you ignore the situation or report it? Most people would ignore the situation because they do not want to cause problems on the job or do not want to get involved. People would prefer to avoid conflict at almost any cost. But look at it this way -- the drinker, no matter how nice a co-worker, is not doing you any favors. It's a fact that the drinker is less productive. Who has to pick up the slack? You do. It is a fact that the drinker is more 1ikely to be involved in accidents. Who else is he or she placing at risk? You!
Are you allowing the drinking to continue?
You are - if you cover for the drinker's poor productivity
You are - if you cover their mistakes.
You are - if you make excuses to others for them.
Take control of the situation.
Don't allow the situation to continue. Stop covering for the drinker.
Talk to your supervisor. It is your responsibility to talk to your supervisor whenever any performance or safety issues affects your job. A drinking worker could be just as dangerous as a defective saw. You wouldn't hesitate to bring the saw to your supervisor's attention, would you?
If you are uncomfortable, suggest to your supervisor that there may be a problem. A good supervisor will take the initiative and pick up the issue from there.
Whatever you do, make sure you do something. Watch out for your co-worker as they may need help. If you don't, you may pay dearly for someone else's mistake.