Alcohol, drugs and substance misuse

Risks to employees

The misuse of drugs, including alcohol and other substances, can be a serious problem for the worker, co-workers and the organisation itself.

Alcohol, drugs and other substances have a strongly negative effect on the brain and the body, impairing judgement and concentration and putting the abuser and co-workers at risk.

Staff who misuse drugs or alcohol are more likely to take time off, display poor performance and increase the risk of accidents. These factors weaken an organisation’s overall performance.

Most drugs are illegal, which means that anyone in possession of drugs at work may risk prosecution or disciplinary action. 

Employers’ responsibilities 

Employers have a legal responsibility to look after employees’ wellbeing, health and safety. A good employer will want to help employees. In some cases, alcohol or drug misuse may be used to help cope with work-related stress. If there is a problem with alcohol or drug misuse in your workplace then this may be part of a wider stress problem.

Some employers treat alcohol and drug misuse as a medical, rather than a disciplinary, matter. In this case, the chances of overcoming the problem is assessed and a reasonable period of time off for recovery is agreed.

They may also consider appropriate help to treat the employee (for example, by contributing towards the cost of counselling), treat any absence for treatment and rehabilitation as normal sick leave and review the person’s work to ensure that their workload is not contributing to the problem. 

Policy

Even if there is no evidence of their use, organisations can benefit from a policy on drugs, alcohol and other substances in consultation with staff or health and safety representatives.

Any policy must be suitable for the organisation. In some workplaces, it will form part of the overall health and safety policy but may also be part of an occupational health policy. In some organisations a separate policy on alcohol and drugs is developed.

Acas has produced the following checklist on what should be included within a policy on drugs misuse at work:

• The purpose of the policy – for example: ‘This policy is designed to help protect workers from the dangers of drug and other substance misuse and to encourage those with a drugs problem to seek help’.
• A statement that the policy applies to everyone in the organisation.
• The rules on the use of drugs and other substances at work.
• A statement that the organisation recognises that a drugs problem may be an illness to be treated in the same way as any other illness.
• The potential dangers to the health and safety of drug misusers and their colleagues if a drugs problem is untreated.
• The importance of early identification and treatment.
• The help available – for example, from managers, supervisors, company doctor, occupational health service or outside agency.
• The disciplinary position – for example, an organisation may agree to suspend disciplinary action, where drug misuse is a factor, on condition that the worker follows a suitable course of action.
• The provision of paid sick leave for agreed treatment.
• The individual’s right to return to the same job after effective treatment or, where this is not advisable, to suitable alternative employment wherever possible.
• An assurance of confidentiality.
• Whether an individual will be allowed a second period of treatment if he or she relapses.
• The provision for education on drug misuse.
• A statement that the policy will be regularly reviewed, has the support of top management and that, where appropriate, worker representative have been consulted.

Having an agreed policy helps ensure the issues are dealt with as legitimate workplace matters in a non-judgemental way.

It is important that managers and staff all know how the organisation will deal with drug and alcohol related issues. It will also help staff gain the confidence to come forward and seek help either for themselves or others without fear of disciplinary action. 

Screening

Employers who decide to adopt alcohol or drug screening as part of their alcohol and drugs policy should ensure this is done lawfully and fairly. Screening is the way of testing whether employees have alcohol, drugs or other substances in their body. Usually this involves providing a urine sample.

UNISON has some concerns about the testing of workers. This is because while it is fairly straightforward to test for alcohol consumption and measure this against a legal limit, drug testing can be more complex.

Some employees, such as those who work in a safety critical area, may be automatically or randomly tested for alcohol or drugs due to the nature of their work.

Screening is a sensitive matter. Employers need the permission of employees and should only carry out screening when they have a reason for testing under health and safety policy.

Employers should ensure that:

• no-one is singled out during random testing;
• if a search for alcohol or drugs is carried out then it must be by someone of the same sex, with a witness present;
• employees are made aware of any possible disciplinary action they may face if they refuse a test. 

Legal obligations

Employers could be acting illegally if they knowingly allow drug-related activities to go on at work but do not act. They should also know the implications of not tackling abuse.

It is illegal if:

• an employee under the influence of excess alcohol is knowingly allowed to work (Health and Safety at Work Act);
• controlled substances are produced, supplied or used on an employer’s premises (The Misuse of Drugs Act);
• drivers of road vehicles and transport system workers are under the influence of drugs while driving or unfit through drugs while working (The Road Traffic and the Transport and Works Act). 

Counselling and support

Drug, alcohol or substance abuse is difficult for anyone. It is better for employers to find ways to support employees abusing these substances than to discipline them.

Employers could, for example, encourage employees to seek specialist support via their GP or local treatment service if they suspect they have a problem or addiction. 

How alcohol can affect your working life

Alcohol makes you feel more relaxed in the short term. But according to independent UK charity Drinkaware, if you regularly drink more than three to four units a day if you are a man, or two to three units if you are a women, you could be making yourself feel more stressed.

Some of the physical signs are:

• sweating;
• shaking;
• loss of appetite;
• stomach problems;
• memory loss;
• blackouts.

Alcohol slows down the brain and the processes of the central nervous system’s processes, which can affect your work performance badly.

If you feel alcohol is affecting your work, you should contact a professional alcohol advice helpline like Drinkaware. 

The deaf health charity SIGNHEALTH also provides access to healthcare and information. 

Legal disclaimer 

The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland. 

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.