Organisations can benefit from having an agreed policy on drugs and alcohol, as part of their overall health and safety policy. This is the case even if there is no evidence of drug or alcohol misuse/abuse in the company. The policy forms the framework for all aspects of management of alcohol and drug related issues.
The policy should clearly state why it has been written and that it applies to all managers and staff alike. In developing the policy you need to decide whether it covers both alcohol and drugs; whether testing is to be included (to test is not a decision to be taken lightly — there are consequences in terms of employment law, in deciding who to test and what substances should be tested).
Furthermore, you need to consider the following, recommended by HSE in Drug Misuse at Work when looking at alcohol:
- Should you permit employees to drink alcohol:
- during working hours?
- during lunch and other breaks?
- on special occasions?
- when entertaining clients?
- Do the rules on alcohol apply equally to employees working in both safety-critical and non safety-critical jobs and management positions?
- How will you manage an employee with an alcohol misuse problem when it is affecting their work?
- How will you manage an employee attending work in an intoxicated state or ignoring rules on alcohol use at work (see below)?
A policy also needs to contain assurances on confidentiality and a commitment to providing employees with the necessary information, help and support to encourage those employees who know they have a problem to seek help voluntarily.
It is worth spending extra time in the initial stages, when you are developing the policy, deciding on the training and the communications strategies, as this will help considerably in avoiding later operational pitfalls.
See the EEF specimen Alcohol and Drugs Policy
Dealing with an employee who may be intoxicated
Many managers find this difficult to deal with. The first thing to remember is that you have a legal duty to ensure the health and safety of your employees (as far as reasonably practicable). Regular observation and supervision of employee behaviour is a measure of your diligence.
Evidence of possible intoxication could include an accident, abnormal behaviour, impaired cognition, slurred speech, poor physical co-ordination or smelling of alcohol. Your policy might provide for referral to another manager or to occupational health services, in order to assess possible intoxication.
If the disciplinary procedure states that drinking alcohol at work will be treated as gross misconduct, you do not have to prove the employee’s guilt in order to defend an unfair dismissal claim. Rather, you must have reasonable grounds to believe that the employee was drinking alcohol at work and have carried out a reasonable investigation.
A reasonable investigation does not require you to test the employee. In the absence of a policy, there is no general legal right to test employees for alcohol and drugs. Employees cannot be forced to take a test.