Currently, Ireland has no health and safety legislation that requires employers to test employees for intoxicants. Because of this, most Irish organisations choose not to implement policies to test their staff for the presence of such substances. In the event that an employee is intoxicated while at work, it can pose several serious health and safety risks. These risks include stress, aggression or violence, and danger while driving, operating machinery or working at height. Disciplinary action is usually served on the basis of work performance reviews or risk, rather than on the basis of alcohol and substance abuse. So as an employer, what are your duties in regards to intoxicants at work? Your Duties and Things to Look Out For As an employer, you have a duty to ensure that employees are not under the influence of an intoxicant to a degree that could threaten safety, health and welfare in the workplace – and employers who knowingly allow employees to work under the influence of intoxicants could be liable to prosecution. With this in mind, it’s important to be able to identify and observe signs of potential drug and alcohol use, such as:
- Lateness and absenteeism
- Unreliability
- A decline in work performance
- Impaired concentration, memory, judgement and physical coordination
- Sudden mood changes
- Dishonesty and theft
- Increased amount of errors and accidents
- Aggression or violence
Creating a Policy So if you have suspicions or there’s a possible risk of substance abuse in your workplace, what should you do? The essential step you need to take is to develop and implement a Workplace Drugs and Alcohol Policy that applies to all members of staff, and you should also ensure that you clearly communicate the reasons and aims of the policy. It’s important to keep the policy focus on all employees and not to single out anyone. It should also set out responsibilities at all levels, from management to employees. The scope of the policy should:
- State your policy on intoxicants at the workplace and during working hours.
- Express your desire to help employees who do have alcohol or substance abuse problems.
- Define alcohol and substance abuse (not just illegal drugs, but abuse of prescription or over-the-counter drugs, as well as solvent-related substances).
- Ensure support and confidentiality in treating such cases.
- State procedures to follow for employees who are suffering from intoxicant abuse.
The policy should also look to raise awareness on the potential health effects of substance abuse, and recognise alcohol and substance abuse as a medical condition that can be treated. The aim is to identify problems early on, in order to help protect the health and safety of employee – and if a problem is identified, there should be a willingness to provide capable assistance and support with the overarching aim of reintegrating the affected person back into work. If you have any questions in relation to alcohol and substance abuse policies, please contact our expert employment law advisors on the 24 Hour Advice Service on 0818 923 923
