The issue of drug and alcohol misuse in the workplace is extremely serious and difficult to navigate as an employer. According to the ONS 2023 survey, in 2020 “2.3% of people surveyed were frequent drug users.” This equates to 777,000 of the people surveyed having taken a drug more than once a month in the last year.
The problem has always existed, but it also evolves with the availability of new illegal drugs, and global issues that create societal changes which increase financial and emotional pressures.
Navigating issues with drug and alcohol misuse in the workplace can be complex and extremely sensitive. In this article, we outline legal requirements and best practice approaches to ensure you are equipped to deal with any employee drug and alcohol situation you are presented with.
We will look at the following areas:
- The law
- What to include in a drug and alcohol policy
- Alcohol and workplace culture
- Policy in practice
- How to approach drug and alcohol testing in the UK
- Indicators that an employee might be struggling with substance abuse
- How to approach a conversation about substance abuse outside of work
- How to handle a case of suspected substance abuse whilst at work
- Can an employer dismiss someone because of substance abuse?
- How to support an employee with substance addiction
Drug and alcohol misuse in the workplace: The Law
As employers, your interaction with any situation involving drug or alcohol misuse in the workplace is governed by specific laws. Your Drugs and Alcohol Policy is underpinned by compliance with these laws, as they specifically apply to your workplace environment.
Your duty of care
Health and Safety at Work Act (1974) and Management of Health and Safety at Work Regulations (1999) – these two acts cover the duty of care that employers have to “ensure the health and safety of employees and others so far as is reasonably practicable.” For example, it can be an offence if a manager knows that an employee is drunk and lets them carry on working, because it causes an increased risk to the individual employee and/or their colleagues.
These laws also lay out the individual responsibility of every employee to take all reasonable care and avoid creating health and safety risks to themselves or others.
Legalities of drugs on the premises
The Misuse of Drugs Act (1971) is a broad section of law that covers drug classification and the legal handling of controlled drugs, amongst other things. It’s Section 8 that concerns employers:
“A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises, that is to say—
(a) producing or attempting to produce a controlled drug in contravention of section 4(1) of this Act;
(b) supplying or attempting to supply a controlled drug to another in contravention of section 4(1) of this Act, or offering to supply a controlled drug to another in contravention of section 4(1);
(c) preparing opium for smoking;
(d) smoking cannabis, cannabis resin or prepared opium.”
In plain English, you’re breaking the law if you let people sell, give, hold or take a controlled substance in the workplace. Having a clearly defined and well-known Drugs and Alcohol Misuse in the Workplace Policy makes your legal position obvious to all stakeholders.
Safety critical jobs
Transport and Works Act (1992)
This act applies to operators of any transport system that carries members of the public. It’s a specific criminal offence to operate while under the influence of drink or drugs – the risk to life is so high. It also lays out testing procedures, which are commonly used for train drivers.
This piece of law covers a huge number of details around licensing and use of all vehicles. As an employer, you need to know that it’s an offence to be in charge of a vehicle when under the influence of drugs or drink – classed as ‘unfit to drive’. This applies to prescription medication, not just illegal drugs.
What to include in a Drug and Alcohol Policy
Your Drug and Alcohol Policy needs to be from a perspective of ensuring the health and safety of your employees. Drug and alcohol misuse in the workplace has two different possible impacts on the workplace:
- Employees who are under the influence of drugs or alcohol at work present a greater risk to their own, their colleagues and your customers’ safety. It’s worth bearing in mind that this means physical and psychological safety.
- Individual employees may negatively impact their health through long-term use or dependency on drugs or alcohol – even if those drugs are legally prescribed or purchased over the counter. These health consequences may be visible as their performance at work decreases.
As the TUC’s guidance to its representatives says: “The TUC believes that alcohol and drugs have no place in the workplace, unless required for a medical condition, however we also believe that employers should not interfere in a person’s private life unless it impacts on their work.” Most employers and employees would support this standpoint. But it’s already obvious that this is a highly sensitive and complex area.
Each person must be handled as an individual, sensitively, and from a place of offering help – while also staying legally compliant. A clear Drugs and Alcohol Policy is incredibly useful to establish the parameters, processes and practices for your workplace. Such as:
- The aim of the policy is to keep people safe and healthy – not punish them – as this is a medical matter. If a problem with drug or alcohol misuse is identified, you’ll signpost professional help and give appropriate support in the workplace.
- The policy applies to everyone and establishes who’s responsible for its implementation.
- It covers legal and illegal substances.
- Employers guarantee confidentiality and sensitive handling of employees who ask for help.
- A step-by-step breakdown of what will happen if someone is believed to be under the influence at work.
- Likewise if someone has illegal drugs in the workplace.
- When disciplinary action be taken. For example, if an employee consistently refuses help or puts others at risk by continuing to be at work under the influence of drugs or alcohol.
- What your company’s stance is on alcohol at work events.
- That rehab and treatment is treated the same way as any other sickness absence, with relapsing recognised as part of long term recovery.
- Drug and alcohol testing procedures, if it’s appropriate in your workplace (more details in the following section).
- Internal support is defined, and outside help signposted clearly.
It’s impossible to write a policy that accounts for every possible nuance of this very sensitive issue. But you can give your employees, supervisors and managers clear expectations of their roles – either in cases of suspected substance misuse at work, health concerns linked to drug or alcohol misuse, or if an employee asks for help with a substance misuse problem.
Alcohol and workplace culture
Certain industries are known for having the British pub culture at the heart of their work culture. Having great social events on the company’s dime is a great morale booster. But is this in direct conflict with your messaging about the health aspects of drug and alcohol misuse in the workplace?
Are there times when it’s OK to drink alcohol at work? Like at a leaving party held on the premises. Does a work night out always involve somewhere alcohol is bought? Do you ever have an open bar as a reward for a successful project? How do you include people who don’t drink, for whatever reason, in these events?
In their 2020 ‘Managing Drug and Alcohol Misuse at Work Report, the CIPD found some interesting statistics:
- “Most employers (84%) said official organisation social events typically involve alcohol, with just 14% saying they don’t.
- Almost half of employers said having alcohol at social events generally has a positive effect.
- A quarter of HR professionals said some people don’t go to social events because of the expectation to consume alcohol.”
This is why alcohol at work events needs to be part of your Drugs and Alcohol Misuse Policy. You need to create alignment between the social and professional aspects of your employees’ experience in your organisation.
Policy in practice
It’s absolutely crucial that you share your Drug and Alcohol Misuse in the Workplace Policy with all your employees. And that they understand that the policy applies to every employee – including management.
This doesn’t mean ‘having access to’ the document in the policy folder, or a one-off self-study session on the computer. There needs to be a clear section in your Employee Handbook and regular, relevant training for all employees.
You need to equip your line managers and other senior leaders with the knowledge, skills and confidence to tackle such difficult situations. They will have to initiate deeply personal, private conversations with very vulnerable colleagues. Understanding how they may be feeling, and being able to acknowledge their own feelings of concern, are crucial to reaching a successful resolution. In-depth training, that allows them to rehearse the right words and possibly role play situations before they happen in reality, can be absolutely invaluable.
CIPD report results show that training for line managers isn’t as broadly implemented as necessary, with the percentage of employers providing training in key areas as follows:
- 38% recognising signs of stress
- 26% recognising sighs of drug and alcohol problems
- 32% generally managing and supporting employees
Your line managers are in the best position to see indications that employees are struggling with alcohol or drug misuse. They play a key role in establishing a culture of trust in your workplace, as they are closest to other employees. Successful outcomes of any drug and alcohol issues are more likely if they have the best training possible to address these situations successfully.
How to approach drug and alcohol testing in the UK
Testing for drugs and alcohol is, by its nature, intrusive. And your employees will have to consent to the tests being carried out. Before you decide to include testing within your drugs and alcohol policy and procedures, it’s important to consider the data protection and civil liberties issues it might generate.
It’s very difficult to justify testing your employees that don’t have safety-critical roles, like pilots or heavy machine operators. The aim of drug and alcohol testing in the UK must be to ensure health and safety obligations are met in the workplace – not to catch individuals who take illegal substances in social situations outside work.
The testing section of your Drug and Alcohol Misuse in the Workplace Policy must make key things transparent to your employees, including:
- What drugs are being tested for – and only those specified can be tested for during that cycle of testing
- When the testing may happen – for example, you have to pass a drugs test before getting a job offer
- What happens if a test shows regulations have been broken
- When the alcohol level breaches discipline codes
You need to consider the actual testing process, the quality of the tests, storing the information, and the consequences of a positive result. You need to know your ‘why’ very clearly. And, as stated in the ICO’s guidance on ‘medical examinations and drugs and alcohol testing’: “Consider whether drug testing provides significantly better evidence of impairment that puts safety at risk than less intrusive alternatives, such as a test of cognitive ability.”
Indicators that an employee might be struggling with substance abuse
Most of us are familiar with signs of someone being under the influence of alcohol, or suffering a hangover – headache, nausea, unsteady on their feet. But the indicators of substance abuse over time can be more difficult to identify, and can also be signs of other things like illness or stress.
Generally, it’s worth noting and keeping an eye on employees that show some combination of the following :
- Changes in behaviour, like unexplained outbursts of emotion
- Increased number of absences that are only explained in vague terms
- Sudden rise in issues with conduct or performance
- Reduced productivity that’s not otherwise explained
- Asking to borrow money from colleagues, or theft
- Change in appearance, such as less attention to personal grooming, or having online meetings in ‘camera off’ mode
- More accidents or near-misses during normal working activities
There are a number of physical and psychological signs that someone is struggling with particular substances. And this may be something you bring up during an official, private conversation. But it’s very important not to jump to conclusions without having a discussion as lots of these signs are symptoms of other illnesses, lack of sleep or extreme stress.
How to approach a conversation about substance abuse outside of work
What your employees do outside of work isn’t your concern unless it affects their ability to do their job. Any conversations around substance abuse in employees’ social lives must be handled with great care. It’s a good idea to include this in your Drug and Alcohol Misuse in the Workplace Policy and training.
The focus should be on what the problem is at work. For example, if frequent hangovers are resulting in an employee being continuously late and then operating at below their usual capacity until lunchtime, then those are the things you need to discuss – the lateness and reduced productivity as this is what matters to you as an employer. Presenting these as an issue, then asking ‘Why do you think this is happening?’, is a good place to start. You then may need to bring up the fact that you suspect alcohol is the reason, if they don’t offer this explanation themselves. Then you follow the steps you’ve laid out in your policy.
How to handle a case of suspected substance abuse whilst at work
If you suspect that someone is under the influence of a substance at work, think safety first. The safety and health of the individual, and that of their colleagues and members of the public. You’ll already have trained for the step-by-step process you want to happen in these circumstances. Depending on the severity of the situation, this may include:
- On-the-spot drug test, if this is part of your policy
- Calling a paramedic
- Calling the police if their behaviour is unsafe or violent – and to report any illegal drugs in the workplace
- Sending the individual home, or phoning an emergency contact to escort them home
You must record the facts of the situation straight away, including witness statements. This documentation should be available during the official meeting that happens when the employee returns to work. You’ll have already determined if this can be contained within the Health and Safety Policy, or if the employee now faces disciplinary action, within your Drug and Alcohol Misuse in the Workplace Policy.
As a manager, it’s also important to check on any other colleagues involved and give them a wellbeing space where their feelings can be heard. They should be reassured that your written procedures have been followed to this point and the next steps are familiar to them through their training.
Can an employer dismiss someone because of substance abuse?
According to a CIPD report, 22% of employers have dismissed someone because of alcohol misuse and 19% for drug misuse within the last two years. Digging into the statistics shows that this average is much higher in safety critical roles than non-safety critical work. While it’s crucial that alcohol and substance misuse is treated primarily as a health and wellbeing issue, the consequences do overlap with disciplinary policy.
Of course, the situations where disciplinary procedures will come into force will be outlined in your Drug and Alcohol Misuse in the Workplace Policy so it will never be a surprise that they’ve crossed the line. Employers retain the right to dismiss employees because of behaviour resulting from substance misuse because their duty of care is to all staff and all customers.
How to support an employee with substance addiction
There are so many nuances to the sensitive conversations you need to have around this difficult topic. Personal interactions are vital to making individuals feel like their employer can be a source of support because they understand the path to recovery. Having a really clear, active policy scaffolds everyone’s way through the emotions of the situation.
Each workplace has different levels of health support for their employees. Maybe you already have an internal Occupational Health service that can take immediate referrals from your employees. Employee Assistance Programme Services, which include Occupational Health and Employee Counselling options, are also key in supporting employees with drug and alcohol abuse issues.
During any conversation around an employee’s health, it’s a good idea to suggest seeing their GP as a first port of call. They will be able to refer them to any specialist support they may need. It’s also useful to gather information about other local groups and charities that offer support to people with drug and alcohol misuse issues, and their families. This means you can signpost your employees to organisations that, hopefully, can offer immediate support.
The key to supporting an employee with substance addiction is your initial reaction when they first tell you, or you initiate a conversation because of raised concerns. Be calm and compassionate, perhaps start by saying ‘thank-you for telling me, that must have been difficult.’ Then they can feel that you’re taking the next steps together.
How we can help
If you need support with any aspect of your Drug and Alcohol Misuse in the Workplace Policy or training, please get in touch on 0330 223 5253 or office@fitzgeraldhr.co.uk.
