Alcohol and other drugs and work: FAQ
How do I know if someone is intoxicated at work?
It’s not possible to definitively identify if someone is intoxicated just by observation. What you can do is observe the person’s behaviour and note any changes in their presentation or behaviour.
There can be other health related reasons as to why someone might appear intoxicated.
A more effective approach is to focus on fitness for work. Rather than focusing only on whether the person is under the influence of alcohol or other drugs, you should look at their capacity to work without risks to health and safety. The focus is on changes in the person’s usual behaviour.
What if we don't have an EAP?
Employee Assistance Programs (EAPs) are designed to help employees with personal problems that affect their job performance. EAPs are usually paid for and monitored by the employer and offer a range of different support services, including for alcohol and other drug issues.
As an alternative to a formal EAP, your organisation can identify services within your local community that deal with a range of issues, including alcohol and other drug issues. These services can then be promoted to all workers.
Even with a formal EAP in place, it can still be useful to promote access to local community resources to raise the awareness level for your workers and so they know where to go for help at any time.
Are we liable if a worker tests positive and they drive home?
Under workplace health and safety legislation, all employers have a duty of care to their workers and contractors. Therefore, if the employer has knowledge or suspects that a worker may be impaired by alcohol or other drugs, then it should take all necessary precautions to ensure the worker or contractor gets home safely (eg, arrange a taxi or a lift for them).
Can workers refuse an alcohol or drug test?
It has been accepted by courts and tribunals that drug testing is an intrusion on the privacy of the individual which can only be justified on health and safety grounds.
The employer has a legitimate right (and obligation) to try to eliminate the risk that workers and contractors might come to work impaired by alcohol or other drugs such that they could pose a risk to health and safety.
If a worker refuses to undergo a drug or alcohol test and their contract of employment refers to the employer’s company policy, which expressly requires them to comply with the policy, then this may be a valid reason for disciplinary action for refusing to obey a lawful and reasonable direction by the employer.
A worker may refuse to submit to a drug or alcohol test for any reason, however an employer can require consent as a condition to employment.
How we can help
WorkEdge is our workplace policy program. You can be confident in the results you will achieve with WorkEdge because it is backed by the latest scientific evidence.
Our leading experts in alcohol and other drug matters – including evidence based prevention, treatment, and harm reduction – are here to ensure that your organisation complies with its legal and duty of care obligations while promoting a workplace culture that values the safety and wellbeing of all.
If your organisation is looking to develop or modernise its alcohol and other drug policy, get in touch at workedge@360edge.com.au or on 1300 988 184 for a free and confidential discussion.
