Alcohol and Drugs in the Workplace Legal aspects

Alcohol and Drugs in the Workplace • Legal aspects: – Health and Safety at Work etc Act 1974 (HSW Act) – Management of Health and Safety at Work Regulations 1999 – The Transport and Works Act 1992 – The Road Traffic Act 1988 – Misuse of Drugs Act 1971

Alcohol and Drugs in the Workplace • Health and Safety at Work etc Act 1974 (HSW Act) • general duty on employers to ensure, as far as is reasonably practicable, the health, safety and welfare at work of employees. • places a duty on employers to ensure the health, safety and welfare of their employees • employer must ensure that employees do not injure themselves or endanger the public or colleagues • this has particularly relevance to alcohol and the use of machinery or vehicles

Alcohol and Drugs in the Workplace • Management of Health and Safety at Work Regulations 1999 • duty to assess the risks to the health and safety of employees • if employer knowingly allows an employee under the influence of drug misuse to continue working and his or her behaviour places the employee or others at risk, employer be prosecuted • employees are also required to take reasonable care of themselves and others who could be affected by what they do at work.

Alcohol and Drugs in the Workplace • The Transport and Works Act 1992 • makes it a criminal offence for certain employees to be unfit through alcohol or drug use while working on transport systems such as railways, airlines, etc. (guided transport systems) • operators of the transport system would also be guilty of an offence unless they had shown all due diligence in trying to prevent such an offence being committed. • The Road Traffic Act 1988 • states that any person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through alcohol or drug use is guilty of an offence • an offence is also committed if a person unfit through alcohol or drugs is in charge of a motor vehicle in the same circumstances

Alcohol and Drugs in the Workplace • Misuse of Drugs Act 1971 • makes the production, supply and possession of controlled drugs unlawful except in certain specified circumstances (for example, when they have been prescribed by a doctor) • if a person knowingly permits the production or supply of any controlled drugs or certain other activities to take place on their premises they could be committing an offence