Aplus Legal Advice | 2022.09.11 18:55 | 716 views
In recent years, there are increasing numbers of people who turn up to work under the influence of alcohol and drugs.
In recent years, there are increasing numbers of people who turn up work under the influence of alcohol and drugs. According to a survey conducted by the Health and Safety Executive in 1994, 90% of personnel directors from top UK organizations stated that alcohol consumption was a problem for their organization. 18% of large company directors reported illegal drug use by their employees in 2004, a survey through the Chartered Institute of Personnel Development and the Reward Group of 2004.
The Impact of an Employee Under the Influence of Alcohol or Drugs in the Workplace could be:
* Poor discipline and violent behavior
* Safety endangered for everyone at the workplace
* Effect on employee relations and team morale
* Poor performance and loss of efficiency
* Lateness and absenteeism
* Unpleasant effects on company image and customer relations.
Under the Health and Safety at Work etc. Act 1974, it's the responsibility of company directors to take into account, as far as is reasonably practicable, the health, safety and welfare of its employees. A director could be prosecuted if he deliberately allowed an employee under the influence of drugs and/or excessive alcohol to continue working whilst placing employees or others at risk. Likewise, employees are also responsible to take sensible care of themselves and others who could be affected by what they perform. Ex: If you're working in a transport industry, The Transport and Works Act 1992 makes it a criminal offence for certain employees to be unfit through drink and / or drugs while working on railways, buses, tramways and other guided transport systems. The 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.
How to Deal with the Situation?
First of all, an employer should investigate whether the incident that happened was a one-off, occurs on a regular basis or he/she has underlying medical conditions (eg: depression, stress). Research has shown that many employees tend to use drugs/alcohol to cope with their work-related stress.
If your employee has such medical conditions, provide a doctor consultation and confidential support through her/his problem. This could help stop the behavior.
Before a fair dismissal takes place, the employer is expected to observe the whole situation and offer support. Care needs to be taken before taking disciplinary action.
Without any proof or reasonable grounds, employers cannot simply report an employee for a suspected criminal offense. Such action could result in an employee claiming constructive or unfair dismissal.
To prevent such a situation from happening, directors can introduce a policy of random drug and alcohol testing and conduct pre-employment testing for illegal drugs and alcohol misuse.
To verify whether you have the adequate alcohol and drug policy, seek advice from an employment specialist lawyer. Visit Find A Solicitor to get the nearest experienced employment specialist solicitor.
If you would like additional information or help, you may want to contact the organizations below:
Advisory Conciliation and Arbitration Service (ACAS)
Brandon House,
180 Borough High Street
London SE1 1LW
Helpline: 08457 47 47 47
ACAS can provide advice to employers and employees on the employment and industrial relations implications of policies on alcohol at work.
Alcohol Concerns
First Floor
8 Shelton Street
London WC2H 9JR
Tel: 020 7395 4000
Alcohol Concern can put you in touch with local alcohol advisory services, particularly those members of the Federation of Workplace Alcohol Advisory Services (FEDWAAS).
Symptoms of Alcohol and Drugs Influence on the Workplace
Any addiction starts showing it's symptoms after some time of it's use. Like alcohol and drugs, addiction also shows some behaviors and signs that can help you to indicate the person's addiction. Here are some symptoms among them:
• Being compelled to take the drug frequently, such as every day or many times a day
• Experiencing solid impulses for the substance that overpower all other considerations
• Over some period, the person starts seeking more medication to get the same effects.
• Take the cure in higher doses or for longer than you expected.
• Checking to make sure you always have availability of the drug
• expenditure extra cash on it because you couldn't afford it
• skipping work deadlines or social engagements due to drug use
• proceeding to use the drug even though you recognize it harms your
health or negatively affects your mental or physical wellbeing.
* Engaging in actions, you otherwise wouldn't take, like stealing, to obtain
the drug.
* Avoid operating a vehicle or engaging in other potentially dangerous
activities when using the medicine.
* Spending much time acquiring the substance, utilizing it, or dealing
with it's repercussion.
• Attempting to quit taking alcohol or drugs, but failing.
• Once you try to stop using the medicine, you experience side effects.
How To Spot Alcoholism In The Workplace:
Consuming alcohol or drugs while working and getting drunk before heading to work are the two primary forms of alcohol usage that cause the majority of issues in the workplace. These are exceedingly dangerous and may endanger the worker and many others. Variables such as warning indicators of a future drinking issue depend on the individual. Some people can drink alone and keep their alcohol usage a mystery. Before having an honest chat with a family member or friend, some people might not even be aware that they have an issue.
A coworker or an employer may be able to tell if an employee is intoxicated in several ways, including:
• He looks to be exhausted or is still drunk.
• Ineffective management
• Has eyes that seem bloodshot or watery.
• Inadequate student reaction, inadequate completion of tasks
• Begins to perspire significantly
• Racial epithets spoken
• Becomes pallid and queasy
These red flags must be treated immediately and shouldn't be ignored. In overcoming an alcohol problem and getting back up and running, there are alcohol rehabilitation services accessible that can be very helpful for the drug or alcoholic.
Adverse outcomes of alcoholism and drugs in the workplace
No matter how big or small the company, an individual's drinking habits may impact. The effects of a person's alcohol usage on their close relatives and friends should also be considered. Living intoxicated increases the likelihood of experiencing employment issues. Drinking at work may cost a business a lot of money. Drinking not only makes it more likely that workers may be hurt, but it can also result in more workplace disasters. Drinking might impair employees' ability to focus and coordinate their actions while at work. Performance suffers as a result, affecting the organization's aims and purpose.
The Impact of an Employee Under the Influence of Alcohol or Drugs in the Workplace could be:
* Poor discipline and violent behavior
* Safety endangered for everyone at the workplace
* Effect on employee relations and team morale
* Poor performance and loss of efficiency
* Lateness and absenteeism
* Unpleasant effects on company image and customer relations.
Under the Health and Safety at Work etc. Act 1974, it's the responsibility of company directors to take into account, as far as is reasonably practicable, the health, safety and welfare of its employees. A director could be prosecuted if he deliberately allowed an employee under the influence of drugs and/or excessive alcohol to continue working whilst placing employees or others at risk. Likewise, employees are also responsible to take sensible care of themselves and others who could be affected by what they perform. Ex: If you're working in a transport industry, The Transport and Works Act 1992 makes it a criminal offence for certain employees to be unfit through drink and / or drugs while working on railways, buses, tramways and other guided transport systems. The 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.
How to Deal with the Situation?
First of all, an employer should investigate whether the incident that happened was a one-off, occurs on a regular basis or he/she has underlying medical conditions (eg: depression, stress). Research has shown that many employees tend to use drugs/alcohol to cope with their work-related stress.
If your employee has such medical conditions, provide a doctor consultation and confidential support through her/his problem. This could help stop the behavior.
Before a fair dismissal takes place, the employer is expected to observe the whole situation and offer support. Care needs to be taken before taking disciplinary action.
Without any proof or reasonable grounds, employers cannot simply report an employee for a suspected criminal offense. Such action could result in an employee claiming constructive or unfair dismissal.
To prevent such a situation from happening, directors can introduce a policy of random drug and alcohol testing and conduct pre-employment testing for illegal drugs and alcohol misuse.
To verify whether you have the adequate alcohol and drug policy, seek advice from an employment specialist lawyer. Visit Find A Solicitor to get the nearest experienced employment specialist solicitor.
If you would like additional information or help, you may want to contact the organizations below:
Advisory Conciliation and Arbitration Service (ACAS)
Brandon House,
180 Borough High Street
London SE1 1LW
Helpline: 08457 47 47 47
ACAS can provide advice to employers and employees on the employment and industrial relations implications of policies on alcohol at work.
Alcohol Concerns
First Floor
8 Shelton Street
London WC2H 9JR
Tel: 020 7395 4000
Alcohol Concern can put you in touch with local alcohol advisory services, particularly those members of the Federation of Workplace Alcohol Advisory Services (FEDWAAS).
Symptoms of Alcohol and Drugs Influence on the Workplace
Any addiction starts showing it's symptoms after some time of it's use. Like alcohol and drugs, addiction also shows some behaviors and signs that can help you to indicate the person's addiction. Here are some symptoms among them:
• Being compelled to take the drug frequently, such as every day or many times a day
• Experiencing solid impulses for the substance that overpower all other considerations
• Over some period, the person starts seeking more medication to get the same effects.
• Take the cure in higher doses or for longer than you expected.
• Checking to make sure you always have availability of the drug
• expenditure extra cash on it because you couldn't afford it
• skipping work deadlines or social engagements due to drug use
• proceeding to use the drug even though you recognize it harms your
health or negatively affects your mental or physical wellbeing.
* Engaging in actions, you otherwise wouldn't take, like stealing, to obtain
the drug.
* Avoid operating a vehicle or engaging in other potentially dangerous
activities when using the medicine.
* Spending much time acquiring the substance, utilizing it, or dealing
with it's repercussion.
• Attempting to quit taking alcohol or drugs, but failing.
• Once you try to stop using the medicine, you experience side effects.
How To Spot Alcoholism In The Workplace:
Consuming alcohol or drugs while working and getting drunk before heading to work are the two primary forms of alcohol usage that cause the majority of issues in the workplace. These are exceedingly dangerous and may endanger the worker and many others. Variables such as warning indicators of a future drinking issue depend on the individual. Some people can drink alone and keep their alcohol usage a mystery. Before having an honest chat with a family member or friend, some people might not even be aware that they have an issue.
A coworker or an employer may be able to tell if an employee is intoxicated in several ways, including:
• He looks to be exhausted or is still drunk.
• Ineffective management
• Has eyes that seem bloodshot or watery.
• Inadequate student reaction, inadequate completion of tasks
• Begins to perspire significantly
• Racial epithets spoken
• Becomes pallid and queasy
These red flags must be treated immediately and shouldn't be ignored. In overcoming an alcohol problem and getting back up and running, there are alcohol rehabilitation services accessible that can be very helpful for the drug or alcoholic.
Adverse outcomes of alcoholism and drugs in the workplace
No matter how big or small the company, an individual's drinking habits may impact. The effects of a person's alcohol usage on their close relatives and friends should also be considered. Living intoxicated increases the likelihood of experiencing employment issues. Drinking at work may cost a business a lot of money. Drinking not only makes it more likely that workers may be hurt, but it can also result in more workplace disasters. Drinking might impair employees' ability to focus and coordinate their actions while at work. Performance suffers as a result, affecting the organization's aims and purpose.
