The Pandemic has dominated our thoughts but HR professionals are still tackling the thorny issues which continue to cause problems in the workplace. I’m sure most people are fed up with Covid19, so this is a great time to talk about drugs and alcohol, or rather the misuse of drugs and alcohol at work.
I’m currently working with a client, who suspects that one of their employees is under the influence of drugs during working hours. This is never acceptable but the critical point here, is that the employee in question is not only operating potentially hazardous equipment, welders, cutting equipment, diggers, forklifts but they also drive a company vehicle.
This is a problem which is all too frequent these days, as the routine use of drugs is more prevalent, with reports suggesting this has increased during lockdown. It is a difficult subject to approach and even more difficult to prove but it is vital that as an employer, you don’t just ‘turn a blind eye’, particularly if the employee is driving for you or operating machinery.
The Health and Safety at Work etc. Act 1974 places a duty on employers to keep employees and external third parties on your premises, free from risk of harm to their health, safety and welfare.
According to a recent CIPD survey, approximately a third of employers have taken action against employees for alcohol abuse and around a quarter for drug misuse in the past two years. This situation could get worse with many employees experiencing heightened anxiety about their future employment and finances.
The employer should proactively raise awareness of drug and alcohol misuse and offer support, however, if an employee is putting themselves or others at risk, then the employer must address it immediately.
First steps would be to consider whether this is a disciplinary matter. Is it illegal, a breach of health and safety legislation or a wellbeing issue?
- Do you have robust policies in place to deal with drugs and alcohol?
- Do you have systems in place to offer support or signpost to expert guidance?
- Do you need to introduce random testing?
- Is random testing a proportionate means of achieving a legitimate business aim, i.e. is testing reasonable or excessive?
It’s tough out there at the moment and there is evidence to suggest that our drinking habits have changed during lockdown and in some cases alcohol consumption has increased significantly. Employees have the right to enjoy a drink or two in their own time, however, if they are still under the influence whilst at work, you have a duty to take action. The message should be clear and unambiguous, that in these circumstances, they could not only face disciplinary action but there is every likelihood that they will be suspended or even dismissed.
Call now on 07798 788719 for an informative chat about this or indeed any HR issue.