Drugs & Alcohol at Work

A lethal cocktail waiting to implode …

Drug and alcohol abuse can rear its ugly head in a multitude of ways and these can create a range of problems with serious consequences for the business, the employer, and the staff member. It can also have a knock on effect for work associates. A business can pay dearly in terms of injuries, absenteeism, lost production, poor performance and low morale, not to mention workers compensation, rehabilitation and losses associated with inefficiency.

Frighteningly, WorkCover statistics show that in workplace accidents where there is a serious injury or death as a result of drugs or alcohol, eight out often victims are the innocent bystander, workmate or passenger - not the drug user.

If the problem is not managed efficiently this can have huge implications for the business.

The extent of the problem
Drug and alcohol usage in the workplace is a significant and growing challenge for managers and employers. With an estimated 62% of drug and alcohol abusers in Australia in permanent employment, equating to 300,000 Australian workers, the effects of drugs and alcohol abuse represents a substantial source of hazard in the workplace.

In the eyes of the law both employers and employees are accountable because Australian law requires all employers and employees to take active steps to make their workplaces safer.

How can you deal with these problems constructively?
Be proactive. Write a workplace drug and alcohol policy which applies to all your workplace employees. Prevention, counselling and rehabilitation should be part of your organisation's overall OHS strategy. It is your responsibility as the employer to administer the policy.

Develop the policy collaboratively with management, your OHS committee if you have one, workers and/ or the relevant union.

A recent ACCI survey of 549 union and non union agreements shows that almost 25 per cent specifically address the drug and alcohol issue. They adopt a variety of innovative approaches, including:

• the provision of leave to attend rehabilitation;
• the implementation of employee assistance programs;
• disciplinary, counselling and testing protocols; and
• zero tolerance policies in industries where employee or public safety is at risk, such as building, mining, aviation and transport.

The benefits of implementing a drug and alcohol safe program
Drug-Safe Australia runs a drug and alcohol safe program which assists all types of businesses drug-proof their workplaces. The program involves developing a Drug & Alcohol policy tailored specifically to the business needs, educating the employees, training supervisors and managers, assisting the business in establishing an Employee Assistance program and introducing a random drug & alcohol screening.

Managing Director, Michael White, says that a company that implements such a program will see productivity and morale increase, absenteeism reduce dramatically, the possibility of lost-time accidents being reduced and the company will be better able to attract quality staff.
White says that when the company started testing in the mining sector in 1999 they consistently found 17% drug and alcohol use in mining companies and contractors. Today, with their extensive portfolio of mining clients the norm is 4% and in the Hunter region of NSW they have it down to 1.8%.

Three important employer questions answered

1. Do I need a Drug and Alcohol Policy at my workplace?
It is recommended that all employers have a Drug and Alcohol policy. Having a policy is a good first step towards putting employers in a stronger position when it comes to dealing with drug and alcohol related incidents in the workplace. However, actually having a written policy is not enough. Employers should ensure that the policy is reasonable, that all employees are aware of and understand the policy and that the policy is consistently applied. Taking these steps will assist an employer to minimise the legal risks resulting from drug and alcohol related incidents and put an employer in a more prepared state to respond to relevant incidents.

2. Can I require my employees to undergo drug and/or alcohol tests?
Drug and Alcohol testing in the workplace continues to be a controversial issue. Employers' ability to conduct drug and/or alcohol tests in the workplace is far from absolute.

Drug and alcohol testing is not appropriate in all workplaces. Testing is generally accepted as appropriate in security and safety sensitive industries.

Whether testing is appropriate depends on:

• the nature of the duties performed in the workplace;
• the industry in which the employer is engaged;
• any legislative requirements for testing;
• whether drug and/or alcohol misuse has been problematic in the organisation;
• the safety risks associated with the misuse in the particular workplace;
• the costs of implementation; and
• the sensitivities of the workforce.

Drug and alcohol testing may be advisable and is required by legislation in some industries. However, the legal risks related to such tests should be known and policies and procedures developed that have regard to these risks.

3. Am I responsible for the actions of my employees and the potential injuries they may sustain, when they consume alcohol or take drugs at work functions?
There is a significant risk that an employer may be held responsible for the actions of employees at work functions and potentially in after-function activities.