Alcohol and Drugs in the Workplace

• Legal aspects:– Health and Safety at Work etc Act 1974 (HSW

Act)– Management of Health and Safety at Work

Regulations 1999– The Transport and Works Act 1992– The Road Traffic Act 1988– Misuse of Drugs Act 1971

Alcohol and Drugs in the Workplace

• Health and Safety at Work etc Act 1974 (HSW Act)

• general duty on employers to ensure, as far as is reasonably practicable, the health, safety and welfare at work of employees.

• places a duty on employers to ensure the health, safety and welfare of their employees

• employer must ensure that employees do not injure themselves or endanger the public or colleagues

• this has particularly relevance to alcohol and the use of machinery or vehicles

Alcohol and Drugs in the Workplace

• Management of Health and Safety at Work Regulations 1999

• duty to assess the risks to the health and safety of employees

• if employer knowingly allows an employee under the influence of drug misuse to continue working and his or her behaviour places the employee or others at risk, employer be prosecuted

• employees are also required to take reasonable care of themselves and others who could be affected by what

they do at work.

Alcohol and Drugs in the Workplace

• The Transport and Works Act 1992• makes it a criminal offence for certain employees to be unfit

through alcohol or drug use while working on transport systems such as railways, airlines, etc. (guided transport systems)

• operators of the transport system would also be guilty of an offence unless they had shown all due diligence in trying to prevent such an offence being committed.

• The Road Traffic Act 1988• states that any person who, when driving or attempting to drive

a motor vehicle on a road or other public place, is unfit to drive through alcohol or drug use is guilty of an offence

• an offence is also committed if a person unfit through alcohol or drugs is in charge of a motor vehicle in the same circumstances

Alcohol and Drugs in the Workplace

• Misuse of Drugs Act 1971• makes the production, supply and possession of

controlled drugs unlawful except in certain specified circumstances (for example, when they have been prescribed by a doctor)

• if a person knowingly permits the production or supply of any controlled drugs or certain other activities to take place on their premises they could be committing an offence