Legal Issues
Although there is currently no law requiring organisations to have a workplace drug and alcohol policy, those that do are better-placed to fulfil their obligations under the following pieces of legislation.
[Information from the Home Office and the Kent and Hertfordshire Drug Action Teams, Substance Misuse and the Workplace: Updated Training Pack (2005)]
Health and Safety
- Health and Safety at Work Act, 1974 – This statute imposes a standard of care on employers to employees in the workplace. It makes it the duty of every employer to provide and maintain a safe and healthy working environment. Failure to deal with an employee, who is under the influence of drugs or alcohol and may constitute a risk to other employees, could leave a business open to prosecution. This statute also imposes a civil duty of care on employers to ensure the health and safety of their employees.
- Management of Health and Safety at Work Regulations, 1992 – These regulations place a duty on employers to carry out assessments so as to ensure the health, safety and welfare of their employees.
- Provision and Use of Work Equipment Regulations, 1998 – These regulations require employers to assess any risk created as a result of using work equipment in the conditions that exist in their business and particularly in relation to the special needs of young workers.
- Corporate Manslaughter and Homicide Act, 2007 – This act means that directors can be liable to imprisonment if they fail to effectively manage or organise their organisation and this causes a person’s death.
Safety-Critical Professions
- Railways and Transport Safety Act, 2003 – This statute imposes a prescribed blood alcohol limit for safety-critical personnel in the transport sector, for example aircraft crew, air traffic controllers and maintenance engineers. It provides broad powers to test suspected offenders.
- Transport and Works Act, 1992 – This statute makes it a criminal offence for specified jobs on railways, tramways and other guided transport to be undertaken by those unfit through drug and alcohol misuse. Employers will become liable unless they have taken proper precautions to prevent offences being committe
Why have a policy .... Page 2
