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Your Legal Questions answered
Drug and alcohol policies in the workplace
Sparke Helmore Lawyers Partner, Luke Holland, answers your legal questions.
Do I need a drug and alcohol policy for my business? How important is it to have one in place?
How do I draft and implement one?
Each year, Australian businesses lose an estimated $6 billion from decreased productivity caused by the effects of drugs and alcohol.1 The losses are caused by tardiness and absenteeism, lost time from dangerous incidents and damage to the workplace or equipment. Often, employers are not aware that these problems have been caused by the misuse of drugs and alcohol, and warning signs can go unnoticed until a very serious incident occurs.
However, the ramifications go much deeper than lost productivity. At an individual level, drug and alcohol abuse rarely affects just one person, with families, friends and co-workers often impacted as well. The drug and/or alcohol abuse of one person can impact the workplace as a whole—for instance, co-workers who are aware of the situation face the decision of whether to cover for their colleague or notify management of the issue to resolve or manage it.
Workers under the influence of drugs and/or alcohol while at work pose a considerable and widespread threat to safety. This is especially the case where workers are operating in high risk environments, such as the plumbing industry.
Employers have a duty to address these risks, where reasonably practicable, which can be achieved through the effective implementation of a workplace drug and alcohol policy. If an employer fails to appropriately address these risks, they could be exposed to prosecution under the Work Health and Safety Act 2012 (SA).
A well-constructed drug and alcohol policy addresses substance abuse issues in the workplace and reduces the associated risks. If the policy is well-known and a worker understands that he or she is subject to testing (randomly or under certain conditions), with positive tests resulting in a clear set of consequences (including possible termination), workers are more likely to be deterred from engaging in the misuse of substances. An effective policy will also provide a solid legal standing for disciplinary action against an employee who breaches it.
The importance of a robust drug and alcohol policy was recently highlighted by the Fair Work Commission in Albert v Alice Springs Town Council [2017] FWC 73. In this unfair dismissal case, an Alice Springs
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