An effective drug and alcohol policy is a must and here’s why

Employers must maintain a safe and healthy work environment for employees, which is why given the unfortunate frequency of drug and alcohol related incidents during work functions, extended lunches and office parties where anything goes are now a thing of the past.

Unacceptable behaviour at a work function, no matter the role or stature of the people involved, can result in serious ramifications for the business, and having in place a strict and clearly defined drug and alcohol policy is key. Likewise, for employers in high-risk sectors where a zero drug and alcohol tolerance is required and random testing applies.

An effective drug and alcohol policy should clearly set out the requirements and consequences, including in relation to testing, and cover off the same provisions in the employment contract.

Who is responsible for employee conduct at ‘after work drinks’?

Attending drinks after work with co-workers can cause issues if the behaviour is deemed not appropriate. The workplace is generally understood not to end at the office door, and can include client venues, events venues, bars, restaurants, cafes, parks, airplanes or any space in which employees are involved in work or work-related activities. Therefore, an effective drug and alcohol policy should extend as far as the workplace extends.

As such, employees should understand that appropriate behaviour is required in these types of settings and agree to respect personal boundaries, keep conversations professional or at least courteous, and ensure to respect the views of others, even if there are differing perspectives.

What about banning alcohol altogether?

The reality is that all employers have a responsibility to ensure the safety and wellbeing of employees in the workplace. The consumption of alcohol and other drugs, even in small amounts, can impair judgement, coordination, concentration and alertness, and can therefore result in serious consequences for employees and employers alike; ranging from physical and psychological harm, legal issues that arise from incidents or reputational damage to the business.

The potential for employers to be held liable for the conduct of intoxicated employees under vicarious liability, as well as the recently introduced Respect@Work bill which provides that employers have a positive duty to take measures to eliminate sex discrimination, sexual harassment, and victimisation in the workplace, mean employers should seriously consider making work-related events alcohol free or limiting the amount of alcohol made available.

How do I enforce a drug and alcohol policy?

Enforcement of a drug and alcohol policy will largely depend on the industry and the scope of powers set out in the policy. For example, a freight company could use random testing as an enforcement tool and require drivers to produce a negative blood alcohol reading before driving. Employees are required to follow an employers lawful and reasonable directions, so the drivers would need to comply. However, it may not be lawful and reasonable to require an office worker who has had no previous issues to provide the same sample.

It’s also important to remember that random or scheduled drug and alcohol testing can lead to legal complications if not administered correctly – as well as the potential for an unfair dismissal claim if the process is not managed precisely.

For employers outside of industries that require random testing, if an employee appears alcohol or drug affected, the employee should be sent home from work on personal leave until fit for work. Another important consideration is if the employee is fit to drive, or whether it is safe and reasonable to send the employee home alone.

For the protection of both employees and employers, drug and alcohol policies should be reviewed regularly and, if necessary, updated in line with any changes. Additionally, any policy changes need to be clearly communicated to all employees to remove any uncertainty surrounding expectations.

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