A Barbour Guide

Alcohol and Drugs

in the Workplace
Introduction
In February 2017, Lloyds of London announced that its 800 direct employees were no longer allowed
to drink alcohol between 9am to 5pm on workdays. Two years later with about 4,000 pass holders
able to access the building, they said that anyone deemed to be under the influence of alcohol or
drugs would be barred from the building and security guards would have the right to confiscate the
passes of anyone breaching the new rule. This is a reminder that the subject of substance abuse
remains firmly on the agenda for managers of British businesses.

It isn’t just alcohol, there has been a rise in people taking drugs. The use of both drugs and alcohol
can lead to a range of sub-optimal behaviours from poor decision making and sleepiness, through to
accidents, theft and violence.

The following infographic published by Public Health England in 2021 illustrates the context of alcohol and

illegal drug use in which British workplaces operate:

The subject of
substance abuse
remains firmly on
the agenda for
managers of British
businesses

Source: Public Health England Infographic 2021

ALCOHOL AND DRUGS IN THE WORKPLACE 2

 The Institute of Alcohol Studies (IAS) conducted a
study into the impact of the Covid-19 pandemic on
alcohol consumption in England. Its key findings,
as set out in its Covid Hangover: Summary Report,
were that:
• Drinking patterns in England changed during the
Covid-19 pandemic.
• The pandemic saw an increase in the number
of higher risk drinkers, and the heaviest drinkers
increased their consumption the most, bringing a
risk of more alcohol-related health problems.
• Changes in alcohol consumption continued
beyond the national lockdowns of 2020 and 2021.
• There was a 20% increase in alcohol-specific
deaths in England in 2020 compared with 2019,
and this trend persisted through 2021.
• The long-term indirect effect of the pandemic
on alcohol harm is unknown. However, use of
the HealthLumen microsimulation model, in
conjunction with a range of survey and healthcare
data suggests that even if the increase in alcohol
consumption is short-lived, there will be knock-on
effects on alcohol harm over the longer term.
According to the IAS, depending on future trends
in alcohol consumption, the model predicts that
there will be between 2,860 and 147,892 addi-
tional cases of the nine alcohol-related diseases
(high blood pressure, stroke, liver disease, and
six forms of cancer) in England by 2035.
The findings of the aforementioned report may
have implications for employers who have adopted
modified working practices in their organisations
post-pandemic. Hybrid working, home and remote
working have the potential to make employees less
visible to the employer and consequently there is
a risk that employees won’t acknowledge or come
forward with alcohol or substance misuse issues,
thereby making them more difficult to help. The need
to engage with and support all staff, irrespective of
their work location and mode of working cannot be
over-emphasised.
The Chartered Institute of Personnel and
Development’s (CIPD’s) 2020 report entitled
ALCOHOL AND DRUGS IN THE WORKPLACE
Managing Drug and Alcohol Misuse at Work ques-
tioned 767 HR decision-makers and revealed that
35% of employers had disciplined someone in the
past two years for alcohol misuse, whilst 26% had
been obliged to address drug misuse. In only 7% of
cases, did the employee disclose the issue them-
selves, whilst in 57% of cases drug and / or alcohol
misuse was identified by the employer as a result of
the employees’ behavioural issues. Other employees
highlighted substance misuse in a colleague in
22% of cases. The same report reveals that 22% of
employers had dismissed someone in the last two
years where a significant reason was alcohol misuse,
whilst 19% of employers had taken this action in
response to drug misuse.
Legislation
Employers have a legal duty to protect employees’
health, safety and welfare. Understanding the signs
of drug and alcohol misuse (or abuse) can help
manage health and safety risks in the workplace.
Misuse of alcohol and drugs by employees can
produce a range of issues for the employer to deal
with. These may include performance, attendance,
punctuality, health and safety, dishonesty, miscon-
duct, illegality and the breakdown of normal good
working relations between colleagues. Employers
should aim for consistency in dealing with employ-
ees, but as the specific issues involved in each case
will vary, and may be multifaceted, each case must
be considered individually and with flexibility.
Reflecting the complexity outlined above, there is no
one specific health and safety law dealing with drugs
and alcohol at work. However, there are a number of
laws that are relevant in this area:
• The Medicines Act 1968—this Act controls the
sale of drugs that are considered medicine.
• Misuse of Drugs Act 1971—it is an offence for
someone to knowingly permit the production,
supply or use of controlled drugs on their
premises except in specified circumstances (for
example when medication has been prescribed
by a doctor). This Act lists the drugs that are
subject to control and classifies them in three
3
 categories according to their relative harmfulness • Management of Health and Safety at Work

when misused. Regulations 1999—obliges employers to assess

risks to the health and safety of workers. An

CLASS A: includes crack cocaine, cocaine, ecstasy
employer who knowingly allows an employee to
(MDMA), heroin, LSD, magic mushrooms, mescaline,
continue working while under the influence of
methadone, methamphetamine (crystal meths)
alcohol or drugs can be prosecuted if the employ-
CLASS B: includes amphetamines, barbiturates,
ee’s behaviour places the employee or any other
cannabis, codeine, ketamine, methylphenidate
person at risk.
(Ritalin), synthetic cannabinoids, synthetic cathi-

nones (for example mephedrone, methoxetamine) • Equality Act 2010—addiction to any substance

(including alcohol) is expressly excluded from the

CLASS C: includes anabolic steroids, benzodiaze-
definition of disability within the Act, but health
pines (diazepam), gamma hydroxybutyrate (GHB),
difficulties caused by addiction may be included.
gamma-butyrolactone (GBL), piperazines (BZP) and
For example, being diagnosed as an alcoholic
khat. The compounds flualprazolam, flunitrazolam and
does not in itself mean that an individual has a
norfludiazepam were incorporated into this list by the
disability, but an individual who has restricted
Misuse of Drugs Act 1971 (Amendment) Order 2021.
movement after suffering a stroke (as a possible
The punishments for offences involving controlled
consequence of alcoholism) would be protected
drugs depend on the classification of the drug.
by the legislation.
Penalties in respect of Class A drugs are more

serious than those for Class B drugs which in turn

are more serious than the penalties for Class C Case Law
drugs. The Act also makes a distinction between

the offences of possession and drug trafficking or
supplying, with the latter attracting greater penalties.
• Health and Safety at Work Act 1974—requires
employees and employers to work to achieve a
safe working environment, either or both could be
An employer who
liable if an alcohol or drug-related incident occurs
knowingly allows
at work.
an employee to
Ball v First Essex Buses Limited
In 2018, the Claimant successfully claimed unfair
dismissal despite failing a drugs test. Mr Ball was a
bus driver who tested positive for cocaine. He was a
61 year old diabetic who required blood prick tests
every two hours to check his blood sugar levels. As
part of his defence, Mr Ball put forward a theory, that

continue working • Road Traffic Act 1991—makes it clear that an bank notes contaminated with cocaine may have
while under the offence is committed by any person who, when
been to blame for him failing a drugs test. In an
influence of alcohol driving or attempting to drive a motor vehicle on a
attempt to prove his innocence, Mr Ball provided a
or drugs can be road or other public place, is unfit to drive through
hair follicle test which showed no traces of cocaine
prosecuted drink or drugs.
in his system. This test was ignored by the bus
• Transport and Works Act 1992—states that it company as it had not been done by their providers.
is a criminal offence for specified workers to be
A subsequent internal appeal also failed.
unfit through drugs and / or drink while working
on railways, tramways and some other forms of In its judgment, the Tribunal were critical of First

transport. Essex Buses in the way they carried out the disci-

plinary process. Although the company’s drug and

• Data Protection Act 2018—employers may collect
alcohol policy was silent on other methods of testing,
information regarding an employee’s health if the
employee gives consent. Any such information they told Mr Ball that it was not within their policy

must be treated as sensitive information under the to accept alternative tests. This was technically not

Act. Employers should be sure that the informa- correct, and it was deemed something a reasonable

tion collected can be justified. employer should have considered.

ALCOHOL AND DRUGS IN THE WORKPLACE 4

 Given the circumstances, in addition to Mr Ball’s 21 In January 2018, on a night that he was on call, the

year unblemished record, a reasonable employer Claimant was arrested for drink-driving. He pleaded

should have re-tested the employee. The judgment is guilty to driving under the influence of alcohol and

extremely critical of the General Manager’s involve- was disqualified from driving for 2 years.

ment in the process and a good example of what not

The employer produced a report considering the
to do as an employer can be found from paragraph
Claimant’s position following his disqualification for
52 of the judgment onwards, here.
driving and highlighted management’s initial conclu-

sion that his actions amounted to gross misconduct.

McElroy v Cambridgeshire The report noted that work pressures could have
Community Services NHS Trust been a factor in his behaviour but made no reference

Mr McElroy was a long-serving healthcare assistant to the Claimant’s complaint that his anxiety and

working for the NHS Trust. He was dismissed for depression also contributed to his actions.

smelling of alcohol despite his employer failing

As the Claimant did not have any mental health-re-
to justify such action on the grounds of impaired
lated absences after 2012, it was decided that his
performance. The Trust’s disciplinary policy stated
anxiety and depression were not factors in the
that being unfit for duty through the effect of drinking
events of January 2018. Following a disciplinary
alcohol was considered a gross misconduct offence.
process, the Claimant was informed that his actions

In 2015, when considering what a reasonable amounted to gross misconduct and his employment

employer would have done in the circumstances, the was terminated.

Employment Tribunal found that simply attending

The Claimant brought claims in the employment
work smelling of alcohol would not amount to gross
tribunal for unfair dismissal and disability discrim-
misconduct in the absence of evidence of an adverse
ination. Although the tribunal acknowledged that
effect on the employee's ability to do their job (being
the Claimant’s conviction for drink-driving was
unfit for duty). The Tribunal was also critical of the
potentially reasonable grounds to dismiss him, it
NHS’s disciplinary process in adding an additional
ruled that the employer had acted unreasonably
charge of failing to attend occupational health,
by not investigating whether the Claimant’s mental
without making the employee aware that this would
ill health contributed to his drink-driving. Despite
also lead to disciplinary action.
commissioning an occupational health report, no

questions were asked about whether the Claimant’s

Anderson v Fife Health Board anxiety and depression could have contributed to

The Claimant worked as a gardener for a Scottish his conduct, as the Claimant asserted. Instead the

health board. The job entailed long hours worked questions to occupational health focused on whether

over 6 days a week. Also, when the number of ‘work pressures’ contributed to the Claimant’s ill

gardeners was reduced, the Claimant was required health, judgement and decision making and whether

to be on call for 2 weeks out of every 3 in winter the Claimant had a dependency on alcohol. The

months, during which time he had to be on standby dismissal was therefore unfair.

24 hours a day, 7 days a week.

The Claimant was awarded £10,208.56 for his unfair

In 2010, the Claimant was signed off work for 3 dismissal. This amount had been reduced by 75%

months with anxiety and depression, and again to reflect the fact that the Claimant’s actions could

for 4 months in 2012 when an occupational health have been grounds for a fair dismissal had a proper

adviser noted that the Claimant’s increased workload investigation into his history of mental illness been

could have impacted his condition. After 2012, the carried out and the Claimant own conduct in driving

Claimant was able to manage his mental health with while under the influence of alcohol been properly

medication and was not signed off work again. considered. However, the tribunal dismissed the

ALCOHOL AND DRUGS IN THE WORKPLACE 5

 Claimant’s additional claim of discrimination arising criminal charges and embarrassing publicity, if a

from disability, rejecting his argument, in the absence worker is found in possession of drugs or drunk at
of medical evidence, that his driving while under the work. Employers may find they too face criminal
influence of alcohol arose in consequence of his charges if they have knowingly allowed drug-re-
anxiety and depression. lated activities to take place at work, particularly

where safety is involved.

Anderson v Fife Health Board Case No:

4123858/2018. Bodies such as the Chartered Institute of Personnel

and Development (CIPD), the Advisory and

Types of Problems Conciliation Service (ACAS), the Trades Union

Congress (TUC) and the Health and Safety

Arising from Alcohol Executive (HSE) are united in instructing employers

and Drug Misuse at to develop a drugs and alcohol policy to curtail the

problems outlined above. Productivity, staff retention

Work and employee morale can be improved when staff

Problems at work can arise from: are supported through problem behaviour and

substance abuse is proactively managed.

• The misuse of alcohol.
By providing a formal alcohol and drug policy
• The misuse of prescribed medications, for exam-
employers can reduce the risk of lengthy disciplinary
ple, a medication safely and correctly prescribed
proceedings, the loss of key staff and increase the
for the consumption of one person may be either
capacity of the organisation to promptly deal with
misused by that person (overdose, for example)
alcohol and drug use when it arises.
or used by another person.
The HSE and the CIPD advise employers to
• The use of illegal drugs and other substances
support affected employees, and avoid punishing
such as solvents.
them. However, employers should remember that
Such problems may be categorised as: possession of, or dealing in, drugs at work must be

1. Safety problems—accidents may result in death reported to the police. Staff who admit to having a
Staff who admit to
or injury, particularly where work with vehicles and problem with alcohol or drug misuse should generally
having a problem
heavy machinery in involved. be supported by the policy, with dismissal forming the
with alcohol or drug
final option in more extreme cases.
misuse should 2. Workplace relationship issues with customers

generally be and colleagues—alcohol and drug use affects

supported by interpersonal behaviour. This may lead to unpro- Reasons for an
the policy fessional conduct. Colleagues may resent such

behaviour and this in turn may lead to excessive

Employer to Act
staff turnover, lower productivity or arguments at With a raft of legislation pushing managers to get a

work in the wider team. grip on this important issue, along with advice from

professional bodies in the Health and Safety and

3. Reduced productivity and quality of work—
Human Resources fields, it is surprising that many
due to compromised decision making and
employers remain quiet on the subject. Perhaps this
disruption to normal distribution of workload.
reticence is a combination of having been lucky so
4. Economic issues—arising from employer liability
far, or fear of embarking on a difficult conversation
due to increased errors and poor communica-
with staff. In this Guide we’ll talk you through the key
tions, sick pay, the loss of skilled staff and the
aspects to be aware of, and set out the key action
training of new employees.
points for developing and introducing an alcohol and

5. Loss of business reputation—arising from drug policy for your own workplace.

ALCOHOL AND DRUGS IN THE WORKPLACE 6

 Acting on early evidence of an issue, and prevent-
ing bigger problems occurring is usually far more
effective than putting off addressing the problem.
The risk averse will understand that by failing to
address a known or suspected problem, a business
may become vulnerable to legal action in the event
of a serious accident or other event. By developing a
policy an employer will find it easier to treat problems
consistently and in line with legislation; it will also
make it more likely that supervisors and managers
feel empowered to take the initiative when concerns
arise involving drug and alcohol misuse at work.
The positive news is that those with drink and drugs
problems, if provided with expert help, can and do
change their drugs and alcohol misuse for the better.
Most business owners care about their employees
and want to encourage an engaged and healthy
workforce. By managing this tricky issue consistently
through policies and procedures, and trying to
provide support for staff that develop dependency
problems, it is possible to have a positive effect on
the business and the whole workforce.
In its Health and Wellbeing at Work Survey 2022—
The View from Employees, The Chartered Institute
of Personnel and Development (CIPD) reveals that
of the 5,000 workers questioned, 4,464 responded
when asked whether they had experienced any of
the listed health-related conditions in the past 12
months. Two percent of respondents (89 workers)
reported experiencing alcohol or drug dependence
issues with 59% of those who acknowledged that
they’d experienced difficulties attributing their issues
to their job. However, according to the CIPD’s full
report only 13% of the 575 organisations responding
to the survey were directing their resources designed
to improve health and wellbeing to the promotion
of good lifestyle choices (smoking cessation, good
dietary choices etc.).
ALCOHOL AND DRUGS IN THE WORKPLACE
What Can an
Employer do to
Reduce Risk to their
own Operation?
Many employers use similar methods and policies
to deal with both drugs and alcohol misuse. The
key professional bodies from the CIPD, and HSE,
through to the British Medical Association (BMA) all
believe that alcohol and drug dependence are best
treated as illnesses, and that workplace policies
should encourage people to seek treatment, rather
than line up disciplinary actions. However, the
approach to drugs problems must necessarily have
additional elements, particularly as drugs are subject
to very specific legislation and are regarded as
socially unacceptable by most people.
The HSE recommends a clear four-step process for
handling alcohol and drug problems at work:
Step 1—Find Out the Scope of
Any Problems
Audit your organisation to establish what, if any,
issues arise from alcohol and drugs use in the
workplace.
Consider matters such as:
• Drinking and drug use during and outside working
hours.
• Any current rules and restrictions—and how well
they are understood by staff.
• Sickness absence records.
• Productivity and accident records.
• Disciplinary problems.
• Staff groups which may be more vulnerable to
substance abuse by reason of their demography
or work type.
• Involving staff in your research to gain their
knowledge and support.
It is strongly advised that this should be done proac-
tively rather than as a rushed or panicked response
7
 to a difficult episode at work. A piece of project work • How you will provide training to help managers

carried out independently of recent dramas at work is recognise substance misuse, and know what
more likely to be successful. to do if they suspect someone has been taking

drugs or drinking excessively. It may be sensible

Step 2—Decide What to Do to consider hiring a specialist trainer to help give

Consult with others in your organisation including all managers the confidence to tackle problems.

safety representatives, occupational health profes- • Whether a screening programme should be

sionals, supervisors and senior staff in all parts of the developed (see later section in this Guide). To
business. In a larger organisation the project would do this, think very carefully about what screening
be best led by a senior manager; in smaller business should identify, and what will be done with the
discuss with supervisors and managers to make sure
information generated.
the full picture is understood.
• That there have been recent well-publicised
Take a look at any support materials provided by
cases of false positives in drug testing such as a
your trade body or local trading group. Often other
driver who handled cocaine-contaminated bank
companies are happy to share their policies, so pick
notes and another worker suspended after eating
up the phone and speak to your contacts. Business
poppy seeds which had produced a positive test
people working in a similar sector or with similar
for opiates. Such cases underscore the impor-
geography may help you get started, by explaining
tance of involving a professional independent
how they set about writing or introducing their own
specialist testing company which works to update
policies. Print off the Barbour Model Policy as a good
thresholds and test methodologies in line with
starting point for your own document.
current research to ensure accurate results.
Other useful health promotion and local clinic
There will be much technical detail to be determined,
information can be found through the NHS and local
so consult the European Workplace Drug Testing
government websites. If you take the time to under-
Society’s (EWDTS’) guidelines and protocols to
stand the resources and facilities which are available
determine a reliable and accurate testing process.
you will be better able to support your staff.
Often other This organisation remains the HSE’s recommended
As part of your decision making, consider:
companies are source of advice post-Brexit.
happy to share • If employees should be allowed to drink alcohol

their policies, so at all during the working day. The answer may Step 3—Taking Action
pick up the phone depend for example on the safety-critical nature

and speak to your of the work carried out by a particular staff group, Develop a Policy
contacts or whether entertaining clients is a normal activity.
All organisations can benefit from an agreed policy
Will you have different rules for different staff
on drug / alcohol misuse. You could include a drug
groups, or if there is a special occasion such as
and alcohol policy as part of your overall health and
the annual Christmas lunch in the staff canteen,
safety policy. A policy template is available on the
or a retirement send-off?
Barbour service.

• How employees who are finding it difficult to

If an employee tells you they have a drug or alcohol
control their drinking will be dealt with.
problem, an effective policy should aim to help and

• How an employee who turns up for work drunk or support them rather than lead to dismissal.

flouts known restrictions on drinking alcohol will

But it should also highlight when you will take
be dealt with.
disciplinary or other action, for example that you

• How you will make sure that all staff are aware of will report drug possession or dealing at work to the

the new policy on alcohol and drugs. police straight away.

ALCOHOL AND DRUGS IN THE WORKPLACE 8

 It is recommended that as an employer should: • If testing will be used as part of the policy, ensure

that all staff involved are specifically trained

• Produce a written alcohol and drugs policy to
and understand why this element has been
help ensure you deal with difficult situations in the
introduced. Remember that employers have to
future in a fair and consistent manner.
have consent if they want to test for drugs, but if
• Consult with staff to agree the final draft of the
a worker refuses when the employer has good
policy to ensure that there is understanding of the
grounds for testing, they may face disciplinary
issues and commitment to the objectives of the
action (where this course of action is included in
policy throughout the organisation.
the policy).

• Communicate with your staff and establish a plan

for ongoing communication to ensure that both Step 4—Checking What You
current and future staff will be clear about the rules Have Done
concerning alcohol and drugs in your workplace.
Review the policy regularly to determine if the policy
• Think about providing training sessions for current is working and whether any changes need to be
staff and including the policy details in induction made.
training for new staff.

• Plan training for managers and supervisors so Write a Policy

they have confidence to use the policy and to
Writing a policy is a key part of taking a proactive
support staff well.
managerial stance to the issue of drugs and alcohol
• Maintain awareness that the avoidance of alcohol in the work place. Key points to consider when
and drugs are an integral part of the responsibility drafting an alcohol and drug policy are:
of everyone to ensure safe working.
• The policy must be interlinked with other employ-
• Provide general information to staff about good
ment policies of the company, such as training,
health and the risks associated with consuming
sickness, disciplinary, health and safety. This will
alcohol to encourage a sensible approach to
help the alcohol and drug policy be well inte-
alcohol beyond working hours.
grated into your suite of company policies; such

• Develop ways of encouraging staff with a drug integration will be helpful to managers handling

habit to seek help. complicated employee substance misuse issues.

• Have clarity about confidentiality if an employee • The policy must clearly explain why the business

admits to a drugs problem. Staff with drugs has concerns about alcohol and drug use.

problems may be persuaded to come forward if

• There must be a clear statement that all staff
they are convinced that they will be given help
and managers are responsible for contributing to
and provided with confidentiality. However, the
health and safety as they relate to the avoidance
employer must consider the legal position if it is
of drug and alcohol misuse by employees.
obvious that an employee’s drug problem has
• Clearly set out what the business will and will not
involved breaking the law at work.
tolerate in relation to staff alcohol and drug use.
• Consider whether there any safety-critical
• Set out the rules and processes for managing
aspects of the work (for example, using ladders
issues which involve drugs, and alcohol. Include
or machinery, driving or using heavy lifting
the disciplinary and supportive parts of the policy.
equipment) where drug misuse could have serious
Such rules may include:
repercussions. If there are, target awareness-rais-

ing activities to these staff and their managers ○ Encouragement for employees to ask for help,

particularly. support and treatment.

ALCOHOL AND DRUGS IN THE WORKPLACE 9

 ○ The consequences of being found to be under ○ Inclusion as a compulsory agenda item for all

the influence of alcohol or drugs at work. teams on launch.

○ The consequences of reduced performance ○ Inclusion as an item in staff newsletter.

due to alcohol or drug use.
○ Online training for completion by all staff.
○ Explaining at what point, and in what circum-
○ Leaflets.
stances, an employee's drinking will be treated

as a disciplinary rather than a health problem. ○ Posters on noticeboards.

○ A statement that if help is refused or reduced, ○ Email alert.

and poor performance continues, disciplinary

○ Training sessions for all staff groups or specific
action may result.
“at risk” or obviously impacted groups.

○ The consequences of dealing in or possessing

• Take particular care to resource communications
drugs at work.
to staff who may be particularly impacted. For
○ Guidance about when dismissal action may example where:
be taken, for example in cases of gross
○ A zero-alcohol policy has been introduced only
misconduct.
for depot staff where heavy machinery is used.
• Your policy on screening prospective and current
○ A zero-alcohol policy has been introduced
staff for signs of drugs and alcohol use.
across the whole organisation where it won’t
The details of the policy will vary according to the make much difference to most staff, but it will
nature of the business. Please note that a more
sharply change the ways in which clients are
detailed model alcohol and drugs policy is available
entertained by sales and marketing staff.
as a separate Barbour resource.

Background
Communicate the
Information
Be aware of early
Policy
signs of substance There is no point in crafting a perfect policy and Be Aware of Early Signs of
misuse then filing it away quietly in the HR filing cabinet Substance Misuse
without publicising it to colleagues. This is a policy
Signs of possible alcohol or drug misuse may
which requires awareness to ensure that all staff feel
include:*
confident of the support available and understand

their obligations for the safety of themselves and • Impaired judgement.

colleagues.
• Poor performance.

• Use a range of communication methods to

• Poor concentration.
make sure that the policy is conveyed to all staff
• Irritability or aggression.
throughout the organisation. Typical channels

would be: • Lack of co-ordination.

○ Staff handbook. • Dishonesty and stealing.

○ Policy permanently hosted on work intranet / • Depression.

HR pages.
• Erratic mood swings.
○ Banner on work PCs to advertise launch of
• Fatigue from sleep disturbance.
the new policy—and repeated periodically to

remind staff of key messages. • Absenteeism and lateness.

ALCOHOL AND DRUGS IN THE WORKPLACE 10

 • Worsened interpersonal relationships.
• Inappropriate behaviour or comments.
*These difficulties can also be caused by other
problems such as mental or physical illness, the
side effects of prescription drugs and stress, so it is
important to maintain an open mind particularly when
commencing discussions with an employee.
Confidentiality
• All information and reports surrounding possible
drug or alcohol misuse must be handled securely
and confidentially, including the recording of per-
formance interviews for support and disciplinary
action. Health information is sensitive personal
data under the Data Protection Act. Do remember
it is up to the employee concerned if, when and
with whom, they choose to share any information
about their misuse. A manager should avoid dis-
cussing the matter with any colleagues who are
not directly involved in management of the matter,
and even then, should keep the discussion factual
and focused on work-based outcomes.
Drugs
• It is important to state clearly that the police must
be informed immediately if drugs are brought
on to work premises, or there is drug dealing is
taking place. The company is liable under the
Misuse of Drugs Act 1971 and therefore prompt
action is essential.
When to Take Disciplinary Action
and When to Offer Support
• When employees have been open that they
have a problem, aim to strike a balance between
using the disciplinary procedure, for misconduct
or capability reasons, and providing support to
get them back to good health. As these problems
are often complex, this is likely to involve the
employer moving between a disciplinary process
and a supportive role.
• A disciplinary approach would be unavoidable in
instances of gross misconduct, e.g. violence at
work, or an employee storing or selling drugs at
work.
ALCOHOL AND DRUGS IN THE WORKPLACE
• As with other disciplinary matters, any disciplinary
measures taken need to be fair and proportionate,
and preferably be seen to be so by employees.
• When staff believe that their alcohol or drug prob-
lem will be treated as a health issue wherever
possible, it should help encourage them to come
forward earlier to ask for help. Such staff are
more likely both to return to the workforce in good
health, and to need relatively brief treatment.
• Addiction problems at work are usually caused by
the prior consumption of alcohol or drugs, rather
than the presence of an illegal substance itself
in the workplace, therefore performance at work,
rather than prior substance misuse, usually needs
to be the primary focus of the employer.
• When a performance issue is raised with a
member of staff as part of a disciplinary process
the employee may eventually admit they have
an alcohol or drugs problem. Remember that it is
normal for people in this situation to continue to
deny they have a substance problem until a criti-
cal event. Such an event might be the notification
of a disciplinary hearing with a view to dismissal,
or an event at home, such as an ultimatum from a
family member.
• The employer’s approach will need to vary
according to the type of job the person does and
the nature of the substance abuse.
• When a performance or misconduct concern
is raised, this should be handled by an initial
meeting between the line manager or supervisor
and the employee. A good written record should
be kept of all such meetings.
• The approach taken at this meeting should be
supportive and open, to give the employee the
opportunity to request help immediately or at
some point in the future.
• It is important that the manager is direct in their
questioning. This will help the employee be open
and honest. The performance problems should be
clearly identified, and the possible reasons and
resolutions discussed.
11
 • When a drug or alcohol problem is declared the
manager should set out the policy on health
support and provide reassurance about confi-
dentiality, job security and the kind of help which
can be offered if the employee is ready to accept
support.
• Remember that misconduct and capability prob-
lems can be addressed whether the employee
acknowledges alcohol or drugs as the cause
of the problem. Employees who acknowledge
a drugs and alcohol problem can be supported
appropriately, those who refuse to acknowledge
such a problem can only have misconduct and
underperformance issues dealt with via the
disciplinary policy.
• A drug or alcohol problem may have been
triggered by a work or personal problem. It may
be necessary to resolve a personal or work-based
issue before the employee can make serious
progress with their substance misuse.
• The responsibility for ensuring staff do not come
to work under the influence of alcohol or drugs
ultimately lies with employees themselves. Sadly,
the best efforts of line managers, occupational
health and HR may not always be enough to get
someone to change their behaviour.
The aim of the
• To develop a plan of action, the manager will
alcohol and drugs
want to access senior management support, HR
policy would be to
and / or occupational health support, if available.
empower managers
The employee may be asked to visit their GP to
to speak to staff
request help. It is likely that several meetings will
on these sensitive
be necessary to allow a plan of action to evolve
subjects
and be agreed by both parties. The plan should
involve targets set for improvement and monitor-
ing for an agreed period.
• Unacceptable behaviour, whether or not it is the
result of alcohol or drugs, should be subject to
normal disciplinary procedures. Company policy
can leave room for the sanction to be commuted
to commitment to a treatment programme rather
than dismissal or a written warning. Dismissal
should be a last resort.
• Be warned that a court is more likely to find
that a dismissal is unfair if the business has not
ALCOHOL AND DRUGS IN THE WORKPLACE
attempted to help an employee whose substance
misuse is related to work (e.g. stress at work,
bullying or harassment, working away from home,
shifts, etc.).
• If an employee continues to resist acknowledging
that they have a problem, and misconduct or
other performance issues mount up, then dismiss-
al may be unavoidable. The aim of the alcohol
and drugs policy would be to empower managers
to speak to staff on these sensitive subjects and
encourage them to admit a problem and accept
help. In this way it is hoped that many instances
of dismissal can be avoided, and employees and
their families supported.
• Best practice would be to offer help on the
condition that the disciplinary process will begin
again if the treatment is not completed, or further
problems occur.
Driving
Driving licence holders and applicants must tell the
Driver and Vehicle Licensing Authority (DVLA) of any
condition that may affect driving ability, including drug
and alcohol dependency or problem use. A licence is
then likely to be refused or revoked until after 6–12
months of abstinence. More detailed guidance is
available on HM Government web pages. A failure
to inform the DVLA of such a problem will result in a
£1,000 fine.
Treatment
• Treatment is often effective in helping people to
return to, or continue in, their work. A CIPD survey
found that where employers provided support for
specialist treatment or rehabilitation, and flexible
working arrangements during treatment, more
than 60% of people continued working for the
business after overcoming their problems.
• Employers are in a critical position to encour-
age workers to accept help and recover from
dependency. Going to work provides a supportive
framework to the week for those recovering from
alcohol and drug-related difficulties. Employment
also provides emotional and financial stability
12
 for the employee and their family, which in turn
improves the likelihood of successful treatment.
• Common treatment and recovery options may
include one or more of the following:
○ Counselling (daily or weekly).
○ Different working pattern.
○ Inpatient detox and rehabilitation (usually 3 to
6 weeks).
○ Reduced or changed hours.
○ Medication dispensed daily by a local
pharmacy.
○ Alternative work / less responsibility.
○ Time off work to focus on recovery and
treatment.
○ Phased return to work.
○ Ongoing liaison between treatment services
and occupational health / manager to be sure
employee is attending and compliant.
○ Keeping in touch with work whilst taking time
off to prevent anxiety about return to work
building up.
• The employee should receive support from a
health professional when choosing treatment;
the choice will depend on the nature of the
problem, domestic situation and preferences of
the individual.
• It is important to be flexible as it is likely that the
situation will change as recovery progresses or
treatment is changed. For example an employee
might initially need a few weeks off work to go
to frequent counselling sessions and commence
withdrawal treatment. Later, a return to work on
“light duties” to keep in touch with colleagues for
social and work-related reasons may be more
appropriate. This will help facilitate an eventual
return to a normal shift pattern before finally
resuming more senior work commitments.
• The employer should expect relapses to occur. The
resolution of substance misuse problems is rarely
linear so require evidence of progress over a longer
period of time if possible. Of course, this flexibility
may not be possible in a safety-critical role.
ALCOHOL AND DRUGS IN THE WORKPLACE
• Establish monitoring that gradually decreases
over an agreed period and can be incorporated
into the return-to-work support where possible.
Training for Managers
• Line managers and supervisors are critical to the
success of alcohol and drugs policies. They need
to understand the employer’s policy and feel it is
fair and helpful, otherwise they are likely to keep
quiet about concerns for too long, contributing to
a worse outcome for staff and the employer.
• The clear articulation in your policy (and during
training events) of how employees who admit
they have a problem and who have committed
to treatment will be treated, compared to those
who do not accept help, will give managers and
supervisors the confidence and understanding to
progress drug and alcohol issues more promptly.
• Managers and supervisors need:
○ Training to help with early identification of
problems.
○ A clear procedure to follow.
○ The support of senior managers for the
decisions which must be made.
○ Training about confidentiality.
○ Training and support to help them begin and
conduct difficult conversations.
○ Training to ensure they are knowledgeable
and confident about alcohol and drug testing in
any safety-critical areas of work (if applicable).
○ Training about legal issues such as the legal
requirement to report illegal drug-related
conduct taking place at work.
Recruitment
• Some employers voluntarily provide placements,
or work, to those with substance problems as part
of a rehabilitation programme. This helps those
involved rebuild lives, careers and confidence in a
supportive setting, and can prove a useful source
of recruitment for an employer.
• When recruiting, remember that a former sub-
13
 stance misuser may have a criminal record. Take
this into account when assessing employment
suitability and planning the support which will be
available to an individual.
• If the business is considering employing a person
with a history of alcohol or drug misuse this is
likely to come to light in the pre-employment
health questionnaire, then it will often be appropri-
ate to request a more detailed assessment of the
fitness for work. This should be carried out by an
occupational health professional.
• An employer can ask a potential employee
about illegal substance use, but cannot enquire
about the use of prescription drugs as the taking
of these could relate to a disability. They can
however ask about alcohol consumption.
Counselling and Treatment
Services
A wide range of services are available to those who
are tackling a substance misuse problem. These
include:
GP services—a small number of specialist GPs
offer a treatment service, but many GPs simply refer
on to local specialist treatment and / or counselling
EAPS usually agencies.
provide a broad- Specialist substance misuse treatment agen-
based portfolio of cies—there is a good network of independent sector
counselling services, and NHS and local government funded organisations
including substance throughout the country providing specialist substance
misuse misuse support. The NHS website makes it possible
to search for a drug and alcohol treatment facility
in every area. Publicly funded agencies will share
only very limited information about attendance, even
with the patient’s written consent with the employer.
They may be willing to provide a more detailed
report to the business’s occupational health medical
practitioner particularly if occupational health made
the referral.
Private sector substance misuse counselling
and treatment agencies—all residential treatment
centres must be officially registered.
Self-help groups—organisations such as Alcoholics
ALCOHOL AND DRUGS IN THE WORKPLACE
Anonymous (AA) and Narcotics Anonymous (NA)
provide valuable peer-led group and individual
support to their members.
Employee assistance programmes (EAPs)—some
companies have an EAP as part of a package of
benefits for staff. EAPS usually provide a broad-
based portfolio of counselling services, including
substance misuse.
Telephone helplines—these are useful for initial
advice and in times of crisis.
Comprehensive, updated information about addiction
problems and treatment (including treatment and
help available from other providers) is available on
the NHS website and from local GPs.
Testing for Drugs
and Alcohol in the
Workplace
Some employers have adopted screening as part of
their drug and alcohol policy. It is important to think
about what the screening is to achieve and what
information it will provide.
There may be a case for screening in certain jobs
(for example employees who make safety-critical
decisions like drivers, pilots and some machinery
operators). In jobs like these the misuse of drugs
or alcohol could have disastrous effects for the
employee, colleagues, members of the public and
the environment.
It is important to understand:
• Employees must consent to screening for
practical and legal reasons.
• Screening by itself will not solve problems
caused by drug and alcohol misuse and, where
introduced, should be part of a company's overall
health and safety policy.
• Screening must be carried out properly to ensure
samples cannot be contaminated or tampered
with, and that testing procedures and analysis are
accurate.
• Employees can't be made to take a test but, if
14
 they refuse when an employer has good grounds
for testing, they may face disciplinary action.
Testing may be used:
• As part of the recruitment process.
• In particular circumstances, such as after an
accident where drink or drugs are suspected to be
involved, or as part of rehabilitation.
• To monitor a particular problem, e.g. staff return-
ing to work after Friday lunchtime drinking.
• To ensure safety in critical jobs, e.g. drivers, pilots
and heavy machinery operators.
A blanket testing policy is likely to be challenged by
staff on an informal basis and possibly on a formal
basis in law.
The Office of the Information Commissioner has
provided useful guidance to help businesses stay on
the right side of the law regarding testing for drugs
and alcohol (Pages 92–94):
Follow these guidelines when establishing your
testing regime:
• Only use drug or alcohol tests where they provide
significantly better evidence of impairment than
other less intrusive means.
• Use the least intrusive forms of testing that will
bring the intended benefits to the business.
• Tell workers what drugs they are being tested for.
• Obtain the written consent of each individual for
tests.
• Base any testing on reliable scientific evidence
about the effect of particular substances on
workers.
• Limit testing to those substances and the extent
of exposure that will meet the purpose(s) for
which the testing is conducted.
• Ensure random testing is genuinely random. It is
unfair and deceptive to let workers believe that
testing is random if other criteria are being used.
• Do not collect personal information by testing all
workers, whether randomly or not, if only workers
carrying out a particular activity pose a risk.
ALCOHOL AND DRUGS IN THE WORKPLACE
Workers in different jobs will pose different safety
risks, so the random testing of all workers will
rarely be justified.
• Any information gathered must be treated as
sensitive data under the Data Protection Act.
Employers considering introducing a drugs and
alcohol testing regime are strongly advised to read
the information published by The Office of the
Information Commissioner in full.
If it is determined that testing is necessary, then
the testing process should be clearly set out within
the alcohol and drugs policy and well-advertised to
new and existing staff, using the array of publicity
methods described previously.
To avoid future disputes it is recommended that
agreement to screening should be included in
contracts of employment; this is easy to add to new
contracts but remember that a blanket imposition
of a new obligation to submit to testing for existing
staff risks the prospect of a claim for constructive
dismissal.
It is good practice to ensure that a number of other
people are present when alcohol testing takes place
(usually with a breathalyser). For example: the
person being tested, a senior manager, a workplace
representative or a co-worker selected by the person
being tested. Drug testing usually requires a urine
sample and privacy must be provided to the member
of staff whilst the sample is produced.
It is necessary to use a chain of custody process to
make sure that samples are handled and labelled
correctly, safeguarded, tested appropriately and
interpreted accurately. It is therefore important to
take specialist advice.
Good communication of testing policy and procedure
to existing and future staff is essential. Employees
need to be told what is being tested for, how and
when testing will take place, who will know the
results and why testing is necessary, along with the
consequences of refusal and how informed consent
will be sought.
The results of testing and any analysis should com-
ply with medical best practice and data protection
requirements.
15
 Key Terms
Addiction—a state of periodic or chronic intoxication
produced by the repeated intake of an intoxicating
substance. Dependency has developed to the point
it has serious negative effects on the user and their
family. It will be very difficult for the individual to stop
substance use.
Chain of custody—The process for managing the
collection, handling, storage and testing of biological
samples, to prevent contamination or interference.
Controlled drugs—these are drugs covered by the
Misuse of Drugs Act 1971. They include both drugs
with no current medical uses as well as medicinal
drugs that are prone to misuse. All are considered
likely to result in substantial harm to individuals and
society.
Dependency—a compulsion to keep taking an
intoxicating substance either to avoid effects of
withdrawal (physical dependence) or to meet a need
for stimulation or tranquillising effects or pleasure
(psychological dependence).
Harmful / problematic use or misuse—use of an
intoxicating substance or substances that harms
health, physical, psychological, social or work perfor-
mance but without dependency being present.
Intoxicating substance—a substance that changes
the way the user feels physically or mentally. It in-
cludes alcohol, illegal drugs, legal drugs, prescription
medicines, solvents, glue, and lighter fuel.
Safety-critical roles—Jobs that can present risk
to the individual concerned or to others should the
employee be impaired mentally or physically e.g.
vocational driving, working on, or in the vicinity of,
electrical and mechanical systems, working at height
or in confined spaces, managing safety-critical
systems at major-hazard sites.
Use (alcohol or drug)—Self-administration of a
psychoactive substance.
ALCOHOL AND DRUGS IN THE WORKPLACE
Key Actions
Audit your workplace to find out what the problems
are or could be.
Be proactive, it’s easier to formulate a policy before a
contentious staff behavioural problem rears its head.
Involve others including your staff, managers, HR,
and relevant professionals.
Check out the resources available to you and your
staff, this might be support materials, posters, clinics,
local charities. Look at other Barbour resources and
ask colleagues in other businesses if they are able to
share policies and training or educational resources.
Draft a policy. Place the emphasis of the policy on
helping those who are trying to overcome problems
with drugs and alcohol. Disciplinary action should be
reserved for gross misconduct, or persistent failure to
engage with rehabilitation.
Look to integrate the policy with other HR policies in
your business such as disciplinary, health promotion,
stress at work, absence, sickness etc.
Consult your staff before finalising the policy to help
build understanding and iron out difficulties.
Publish and publicise the final policy. Ensure it’s
freely available to the whole team.
Communicate the policy and train managers and
colleagues. Think about how future new staff will be
informed about the policy and how other staff will be
reminded of it.
Look out for your staff and encourage self-help—put
up some posters advertising free local facilities and
helplines that can provide help.
Review the policy and resources periodically.
Consider the benefit of marking the International
Day against Drug Abuse and Illicit Trafficking
(#WorldDrugDay which is on June 26th annually)
and World No Alcohol Day (2 October) as a means
to help raise awareness of these issues in the
workplace.
16
 Sources of Help • The COVID Hangover: Addressing Long-

term Health Impacts of Changes in Alcohol

Alcoholics Anonymous—a well-known self-help Consumption During the Pandemic.
group for people who acknowledge they have a
Public Health England
problem with alcohol, and are trying to reduce or stop

drinking. Services are free. • Adult Substance Misuse Treatment statistics 2019

/ 20.
Drinkline—Drinkaware is an independent charity

working to reduce alcohol misuse and harm in the Trades Union Congress (TUC)

UK. • Drugs and Alcohol in the Workplace.

Narcotics Anonymous—a large self-help group for Date of Review: July 2023
people who want to stop using drugs. Services

are free. Local groups and online meetings and

webcasts.

NHS Alcohol advice—authoritative information about

alcohol, alcohol related illness, and links to external

organisations.

NHS Drug and Alcohol Support Services.

Talk to FRANK—Talk to Frank (previously named

the National Drugs Helpline) is an independent

government-funded web site. Webchat and phone

services can provide advice to a drug user or

anybody concerned about a drug user.

Related Documents
and Further
Information
British Medical Association (BMA)

• Alcohol, Drugs and the Workplace—The Role of

Medical Professionals.

Chartered Institute of Personnel and Development

(CIPD)

• Managing Drug and Alcohol Misuse at Work.

• Health and Wellbeing at Work 2022—The View

from Employees.

Health and Safety Executive (HSE)

• Managing Drug and Alcohol Misuse at Work.

• The Scale and Impact of Illegal Drug Use by

Workers.

Institute of Alcohol Studies (IAS)

ALCOHOL AND DRUGS IN THE WORKPLACE 17

 Disclaimer
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in England and Wales with registered number

13425399. Our registered office is 20 Grosvenor

Place, London, England SW1X 7HN.

It has published this Guide in order to help the pro-

motion of good practice amongst knowledgeable and

competent specialists in the subject covered by this

Guide. By using this Guide, the user acknowledges,

accepts and agrees to the following:

Barbour EHS Limited does not give any condition,

warranty or other term, or accept any duty of care

or liability, in connection with the quality or fitness

for purpose of this Guide, or any loss or damage

resulting from reliance on it, and it excludes all

these.

When deciding whether or how to act, the user

should always obtain appropriate professional

advice and should not rely on any information,

advice or recommendation in this Guide, however

it has been expressed. The user is responsible for

obtaining professional advice, and acknowledges

that any defects in this Guide would be detected

by a knowledgeable and competent specialist

providing that advice.

Any use of this Guide by any person is subject

to Barbour EHS Limited’s user terms for Barbour

services, and by using it the user is accepting

those terms, and agreeing to be bound by them,

on behalf of the user and all other persons for

whom the user undertakes any work.

The user waives (and agrees to waive) all claims

for loss or damage which it might otherwise have

against Barbour EHS Limited in connection with

this Guide other than those arising out of a liability

which Barbour EHS Limited has for personal

injury (whether fatal or otherwise) resulting from

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ALCOHOL AND DRUGS IN THE WORKPLACE 18