Alcohol and Drugs at Work: Employer's Guide

Alcohol and drug issues at work present challenges balancing welfare with safety and discipline. A clear policy and consistent approach is essential.

The Legal Framework

Health and Safety

You must ensure workers' health and safety:

• Impaired workers create risks
• Must manage foreseeable risks
• Could be criminally liable for accidents

Equality Act

Addiction is specifically excluded, but:

• Consequences (depression, liver disease) may be disabilities
• Must consider underlying conditions
• Reasonable adjustments may apply

Data Protection

Testing involves personal data:

• Need lawful basis
• Must be proportionate
• Inform employees
• Handle results carefully

Transport Regulations

Specific offences for:

• Driving under influence
• Operating machinery
• Working in safety-critical roles

Developing a Policy

Why Have a Policy

• Sets clear expectations
• Provides framework for action
• Supports fair treatment
• Helps defend decisions
• Shows you take it seriously

Policy Contents

Statement of intent:

• Zero tolerance vs support approach
• Health and safety commitment
• Expectation of fitness for work

Rules:

• Prohibition on working under influence
• Restrictions on drinking (at work events, lunch)
• Prescription medication reporting
• Illegal drugs position

Testing:

• When it may happen
• Who can be tested
• Procedures
• Consequences of refusal

Support:

• EAP availability
• Referral to occupational health
• Time off for treatment
• Return to work support

Consequences:

• Disciplinary implications
• Gross misconduct examples
• Progressive approach

Testing

When Testing Is Justified

For cause:

• Reasonable suspicion
• After incident
• Following complaint

Random:

• Only for safety-critical roles
• Must be genuinely random
• With clear policy

Pre-employment:

• For safety-critical jobs
• Disclosed upfront
• Consent required

Consent

• Need contractual right or consent
• Must be informed consent
• Refusal can be disciplinary
• Must state this in policy

Who Can Test

Options:

• External provider (recommended)
• Trained internal staff
• Medical professional

Chain of Custody

For defensible results:

• Proper sample handling
• Documented process
• Confirmation testing
• Secure storage

Positive Results

After positive test:

• Confirm with second test
• Allow explanation
• Consider medical review
• Follow fair process

GDPR Compliance

Drug test results are special category data:

• Need explicit consent
• Or employment necessity
• Secure handling
• Limited retention

Recognising Problems

Signs of Possible Issue

• Performance changes
• Attendance patterns
• Behaviour changes
• Smell of alcohol
• Appearance changes
• Mood swings
• Accidents/mistakes

Be Careful

These signs could indicate:

• Alcohol/drug issues
• Mental health problems
• Personal difficulties
• Medical conditions

Don't jump to conclusions.

Handling Situations

Intoxicated at Work

Immediate steps:

• Remove from safety-critical tasks
• Don't send home alone
• Arrange safe transport
• Document what you observe
• Don't accuse - describe behaviour

Following day:

• Formal meeting
• Investigate circumstances
• Consider disciplinary action
• Consider underlying issues

Suspected Problem

If you suspect ongoing issue:

• Private, supportive conversation
• Focus on behaviour/performance
• Ask if anything affecting work
• Offer support
• Don't diagnose

Employee Discloses Problem

If they come to you:

• Thank them for telling you
• Explain support available
• Discuss time off for treatment
• Agree expectations going forward
• Document agreement

Disciplinary vs Support

When Disciplinary

Usually appropriate:

• Being under influence at work
• Illegal drug possession
• Refusing reasonable test
• Safety incidents
• Repeated issues after support

When Support First

Consider offering first:

• First time issue
• Employee seeks help
• Underlying condition
• Mitigating circumstances
• Non-safety critical role

The Balance

Not either/or - can combine:

• Support for underlying issue
• Clear expectations going forward
• Consequences if not met
• Review period

Supporting Employees

Employee Assistance Programme

Offer access to:

• Confidential counselling
• Specialist support
• Self-referral option

Occupational Health

Referral can help:

• Assess fitness for work
• Recommend treatment
• Advise on adjustments
• Monitor recovery

Time Off for Treatment

Consider allowing:

• Paid or unpaid leave
• Flexible hours for appointments
• Phased return
• Ongoing support

Return After Treatment

Plan carefully:

• Phased return
• Monitoring period
• Support in place
• Clear expectations

Gross Misconduct

Typically Gross Misconduct

• Being drunk/high at work
• Drug possession at work
• Drug use at work
• Drug dealing
• Safety incident while impaired

Consider Context

Before summary dismissal:

• Severity
• Safety implications
• Employee's record
• Any mitigation
• Support offered

Fair Process

Even if gross misconduct:

• Investigate properly
• Formal hearing
• Allow companion
• Consider explanation
• Right of appeal

Safety-Critical Roles

Higher Standards

For drivers, operators, etc:

• Zero tolerance more justified
• Random testing appropriate
• Immediate removal if concerns
• Stricter disciplinary approach

Examples

• HGV/PSV drivers
• Forklift operators
• Machine operators
• Working at height
• Healthcare workers
• Childcare workers

Fitness to Work

Must be satisfied:

• Before starting shift
• After incident
• After treatment
• Ongoing monitoring

Prescription Medication

Employee Obligations

Should inform employer if:

• Medication affects ability to work
• Safety-critical role
• Side effects relevant

Your Response

• Assess implications
• Consider adjustments
• May need OH advice
• Respect confidentiality

Legitimate Use

Prescribed medication properly taken:

• Not disciplinary
• May need adjustments
• Different from misuse

Work Events

Alcohol at Events

If you provide alcohol:

• Responsible hosting
• Alternatives available
• Monitor consumption
• Safe transport home
• You may be liable for incidents

Policy for Events

Consider:

• Drink limits
• Behaviour expectations
• When work rules apply
• Reporting concerns

Record Keeping

What to Record

• Policy and employee acknowledgment
• Incidents and investigations
• Test results (securely)
• Support offered
• Disciplinary outcomes

Retention

• Limited period after employment ends
• Longer if ongoing claim
• Secure storage
• GDPR compliance

Checklist

Policy

• Clear written policy
• Communicated to all staff
• Covers all substances
• Addresses testing
• Includes support options
• States consequences
• Regularly reviewed

Testing Programme

• Lawful basis established
• Consent obtained
• Procedure documented
• Trained personnel
• Chain of custody
• GDPR compliant
• Results handled properly

Managing Cases

• Document observations
• Follow fair process
• Consider support
• Involve OH if needed
• Balance discipline/support
• Consistent approach
• Appeal rights