Alcohol and drugs in the workplace

Alcohol and drug use creates significant risks for safety and productivity in the workplace.

1. Risk factors
2. Legal obligations
3. Strategies to minimise risk
4. Alcohol and drug testing
5. Employees working under the influence - steps to take
6. Dismissal issues
7. Further information

Working under the influence of alcohol or drugs affects an employee's work performance and behaviour, and poses a safety risk to themselves and/or other employees.  

Employers need to be both pro-active in reducing the likelihood of an employee being affected by alcohol or drugs in the workplace, and prepared for managing any incidents.

Risk factors

How much of a safety risk arises through employees impaired by alcohol or drugs depends on the workplace environment and the type of work undertaken.  A greater risk is present if employees are operating machinery, driving a vehicle, performing complex decision-making tasks or any work that requires the ability to react to sudden changes.

Other factors which may increase the likelihood of alcohol or drugs being a problem are:

1. the culture of the workplace  - does it encourage excessive consumption?
2. high stress situations; and
3. employees working away from home or in remote locations.

As well as illicit drugs and alcohol, employers must also consider that many prescription or over the counter medications have side effects which can impact on employee performance and create a safety risk.  Employees should be encouraged to report any medications they are taking so that the safety risk can be assessed and managed.

Legal obligations

Employers have a legal obligation to manage alcohol and drugs in the workplace.  The 'duty of care' imposed by the Occupational Safety and Health Act 1984 (OSH Act) means employers must minimise employees' exposure to any hazards in the workplace that may be caused by intoxicated or drug affected employees.

Employees also have a legal duty of care under the OSH Act.  This means that they must act responsibly at all times and not expose themselves or others to safety risks due to impairment caused by alcohol or drugs.  This includes not undertaking work if they believe they are impaired, and reporting to management if they believe another employee, or anyone in the workplace, is affected and may be creating a workplace hazard.

Strategies to minimise risk

1. Develop an alcohol and drug policy - to formalise the rules about alcohol and drugs the workplace, employers may want to develop a policy to provide to all employees. 
2. Explain the rules - make the rules on drug and alcohol use on the premises and any requirements for employees to come to work unimpaired very clear to all employees.  
3. Include the rules in the relevant industrial instruments or employment contract, and in any training or staff manuals.
4. Run an education campaign - making employees aware of the risks associated with alcohol and drugs in the workplace, and the workplace rules will promote the safety message.
5. Promote safe consumption at workplace functions - try limiting alcohol to reasonable quantities, ensuring water and soft drink is available, serving food or doing something different.
6. Ensure the policy is regularly reviewed and updated as necessary and keep reinforcing the rules.

Alcohol and drug testing

Alcohol and drug testing is a strategy used by some organisations to minimise safety risks and to ensure employees are complying with the employer's rules on drugs and alcohol in the workplace.  If testing is to be introduced, it should be done so in a formal and consistent manner as part of a drug and alcohol policy.  It should not be done on an ad hoc basis in an attempt to prove any individual employee has been working under the influence.

Alcohol and drug testing is a controversial issue.  Employers should obtain specific legal advice prior to implementing any form of alcohol and drugs testing. 

Employees under the influence - steps to take

Employers need to deal with any suspected incidents as soon as they happen.  Below are some steps that can be taken to manage the incident.

Step 1 - Remove the immediate risk

If an employee arrives at work and demonstrates behaviour indicative of alcohol or drugs usage, an employer can direct the employee to leave the workplace.

Step 2 - Discuss the problem

A formal discussion with the employee is often the best way to address the problem.  The employee should be warned that such behaviour is unacceptable, with a focus on safety risks and work performance issues - not on moral or legal aspects of the situation.  The employee must then be given the opportunity to explain the incident/situation, discuss any issues or respond to any allegations. 

The employer could offer support such as outside counselling services if this is considered appropriate.

Step 3 - Document the situation

Whilst it is not necessary to give a formal written warning in every instance, employers should document in some way that the incident occurred and the process used to manage it.  A diary note or entry in the employee's file that the discussion took place and details of any agreement reached may be appropriate.

Step 4 - Watch for Repeated Behaviour

If there is a repeat of unacceptable drug or alcohol related behaviour the same process should be followed - with formal written warning given to the employee.

Dismissal issues

The ability to terminate an employee for using alcohol or drugs in the workplace may depend on the policies that are in place and in some instances the terms of any employment contract.

Working whilst under the influence of alcohol or drugs may be grounds for termination of employment if work performance or behaviour is being affected on a long term basis.  Whilst a single incident of drug and alcohol abuse in the workplace may not be grounds for termination, where the rules are very clear, and there have been repeated incidences of unacceptable behaviour after employees have been warned and counselled, termination may be appropriate and fair. 

Employers seeking to terminate an employee need a valid and fair reason to do so.  Working under the influence many constitute a valid reason for termination if:

1. employee work performance is impaired;
2. employee behaviour is unsatisfactory;
3. work is being undertaken an unsafe manner; or
4. there is ongoing absenteeism or lateness.

It may not be appropriate to terminate an employee where work performance or behaviour is affected by the use of prescribed drugs for an ongoing illness or injury (e.g. painkillers). 

As with all instances of poor work performance and inappropriate behaviour, it is essential that employers follow a fair process before considering termination.  This involves making it clear to employees that their performance/behaviour is unacceptable, and why.  Employees must then be given an opportunity to respond to any allegations made against them.   This should be done for each incident with employers issuing a series of warnings to employees.  Procedural fairness also requires that employees be given at least one, and preferably more than one, opportunity to resolve the situation and improve performance or behaviour before being terminated. 

There may be some circumstances where the conduct of employees arising from an alcohol or drug-related incident is considered to be gross misconduct and therefore serious enough to warrant a summary or instant dismissal.  Such circumstances would need to be considered carefully by employers before employees are terminated.  Employers will need to be able to demonstrate that the dismissal was fair and justified.

Further information

The WorkSafe Division of DOCEP provides further information on alcohol and drugs in the workplace.