LEGAL
Platinum Jubilee
By Pam Loch, Employment Law Solicitor and Managing Director of Loch Associates Group
DRUGS AND ALCOHOL AT WORK In 2021 it was reported that nine out of ten people admitted to drinking alcohol while working from home, with the quantity ranging from “just a glass with lunch” to “a whole bottle” to get through the day. Drug driving arrests are also on the rise too. With many employees still working remotely or adopting a hybrid approach, should employers take a greater interest in what their staff are doing in and out of working hours and take steps to help staff avoid becoming intoxicated or using drugs during their working day? Do employers have an obligation to support those suffering with alcohol or drug dependency? There are physical, cognitive and emotional consequences of anyone being under the influence of drugs or alcohol not only for themselves, but also for their colleagues and the business too. Nearly one in four employees admit to making mistakes at work due to having a hangover. As well as the quality of the work they produce being jeopardised, there are also significant health and safety risks too. Many studies have reported hangovers increase the frequency of absences, which results in staff sleeping at work and contributing to trouble with tasks and relationships. The effect on productivity costs UK employers an average of £100 billion per year.
48
There is also the potential for life changing accidents occurring, resulting in physical and financial consequences for those directly involved. Directors could also be exposed to criminal prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007, if they don’t take the necessary steps to prevent accidents, caused by alcohol or drug misuse. Several reports have shown that alcohol and drug consumption increased during the Covid-19 pandemic, with many citing the pressure of the ‘new way of life’ as the reason. The pandemic has been a catalyst for normalising drinking at home and throughout the working day, so many are facing challenges with adapting back to their original working patterns. Employers have a legal responsibility to care for their staff’s physical and mental health wherever they work. Proactively taking
steps to look after your employees’ health not only ensures they can work safely and efficiently, but also shows your team you care about them too. Staff may not be abusing drugs or alcohol in the work environment, however its impact at work means you need to be aware of the use of drugs and alcohol recreationally and consider the implications of that for work too. Those using substances at the weekend or in the evenings may still have the substances in their system when they return to work the next day, but it also can have longer term impacts too. There is a reciprocal relationship between substance misuse and mental ill-health. A survey by the Priory Group in the UK reported that a third of people who are at risk of substance disorders also utilise mental health services and those with more serious mental health problems are more likely to smoke, use recreational drugs and misuse alcohol. Even individuals with no previous mental health issues are at risk of developing
