Drugs and Alcohol issues

We regularly support employers who are concerned about members of staff who they know have an unhealthy relationship with alcohol or suspect are using drugs, so we thought this would be a good time to share some of our FAQs around drug and alcohol issues and testing in the workplace.

Should I have a drugs and alcohol policy?

Most employers will have a zero tolerance to alcohol in the workplace, but others may still enjoy the odd pub lunch and a quick pint or glass of vino.  Having a robust policy will set out your Company’s stance on drugs and alcohol and the steps your Company will take if an employee is under the influence at work or drinking during working hours. 

Can I breathalyse staff who I suspect of drinking at work or being under the influence?

Employers are entitled to breathalyse staff but check your drugs and alcohol policy first.  Make sure that the person carrying out the test is competent and is using a reliable breathalysing kit.  

I suspect one of my employees is having more than a quick drink at lunchtime, I don’t want to be too hard, but I need to say something and I’m not sure how to approach this?

You can approach this conversation from a point of concern. Let the employee know that you’re worried about them, you’ve noticed a change (whether that be with their timekeeping, attendance, performance, appearance or general demeanour particularly in the afternoon.)    Tell them you’re concerned; you can go as far as asking them if they’re drinking at lunchtime if this is what you suspect.  If your employee is in a high-risk environment (such as driving or operating machinery) you may want to take a harsher approach and should suspend them immediately. 

I often smell weed on one of my employees, they’re not smoking at work but can I still test for drug use if I suspect them of being under the influence?

If an employee is believed to be under the influence of any substance at work, substance testing can be carried out.  Whilst we are not recommending a particular product, at the moment the “Oral ALLtest Panel Saliva Drug Test Kit” is an accepted and reliable method for testing in the workplace.   Tests should be carried out by a competent person, with the least possible intrusion into an employees’ privacy. 

All possible measures should be put in place to ensure the confidentiality of test results, and checks carried out to avoid any false results.

What is with cause testing?

We recommend that a substance test and breath test is carried out in all cases where the employee has had any involvement in a workplace accident or near miss, or in any incident that has caused or could have caused a danger to health or safety. 

Can I carry out random tests?

Random breath and substance testing can be carried out and we recommend this for employees who are working in high-risk environments such as construction, transport or operating machinery.  

What happens if the test proves positive?

If a test proves positive, we recommend that a second test is carried out and if the result is positive again, the employee should be suspended without pay (subject to your policy stating this.)  The employee should then be interviewed by their manager.  The outcome of the interview will depend on the circumstances but could include disciplinary action up to and including summary dismissal. 

What if my staff member refuses to be tested?

If an employee refuses to take the test, the employee should still be interviewed by their manager.  The outcome of the interview will depend on the circumstances but could include disciplinary action up to and including summary dismissal. 

If the employee refuses to be tested, but you genuinely believe they are not fit to work, you still have the right to suspend them.

Can I search my staff?

If your policy states that you reserve the right to search staff and you suspect they may have drugs or alcohol in their possession, whether that be on their person, in their desk, bag, locker or vehicle whilst on Company premises you are entitled to ask all employees to assist in this matter should you feel a search is necessary. 

Where practicable searches should be carried out in the presence of a colleague of the employee’s choice who is available on the premises at the time of the search. 

Should any items of concern be found without reasonable explanation then employees can be subject to the disciplinary procedure and could even be summarily dismissed. 

Depending on what you find, you may also want to call the police!

How far can I take this at a disciplinary hearing?

Being under the influence at work or in possession of substances is generally viewed as gross misconduct, which means that employees could be dismissed following a disciplinary hearing. 

We have had cases where an employee has failed a substance test, but many substances will stay in the system for several days.  In these cases, the employer has made a judgement call on whether they deem the employee to be fit for work.  

We have a work event coming up, and I’m worried about the potential for some of the team having too much to drink and being inappropriate, how do I manage this?

This question comes up regularly, particularly in the run up to the Christmas Party season. Be clear on company expectations, remind everyone before the event that they are representing the Company and as such, are expected to behave responsibly. Employers can expect staff will be tipsy (if they choose to drink) but abusive, violent behaviour or sexual harassment should not be tolerated. If someone displays signs of inappropriate behaviour, they should be sent home, and disciplinary proceedings can be instigated when everyone is back in the office.  Also, inform staff that there is a zero tolerance with regards to using illegal drugs and anyone caught in possession or under the influence will be facing summary dismissal.

If you would like further information on how to introduce a drugs and alcohol policy or manage issues in your workplace, please do not hesitate to contact Spectra