Legal Compliance
Your business must comply with employment legislation to avoid adverse publicity, fines and in some instances, criminal prosecution.
Legislation becomes relevant when drugs or alcohol are being used in the workplace or if employees present themselves for work whilst under the influence of a substance. The legislation includes:
Health and Safety at Work Act (1974)
Employers have a duty to ensure that their employees are not endangering themselves or others due to intoxication. This applies particularly to those working with machinery and transport.
Transport and Works Act (1992)
It is a criminal offence for workers in certain jobs (e.g. drivers) to be under the influence of drugs or alcohol while at work. Employers have a duty to prevent such dangerous behaviour.
Misuse of Drugs Act (1971)
An employer is committing an offence when he or she allows employees to use certain drugs on their premises, knowingly or unknowingly.
Management of Health and Safety at Work Regulations (1992)
Implications include the common law duty of care where a negligence claim could be made if a third party is injured following an accident caused by an employee who was known to have a drug or alcohol problem but no action had been taken by the employer.