- Misuse of Drugs Act, 1971 – This Act places strict restrictions upon the possession, supply, production, import and exported of any controlled substance. It divides controlled drugs into three classes, A, B and C, according to their toxic effect, prevalence of misuse and their perceived danger to society. Classifications and maximum penalties are subject to change, but the drugs listed are nevertheless illegal and could lead to criminal prosecution for both employee and employer. For up-to-date information on illegal drug classifications, check the Home Office website at www.homeoffice.gov.uk
Employee Rights
- Employment Rights Act, 1996 – This statute gives an employee the right not to be unfairly dismissed. This claim might apply where an employer dismisses an employee in relation to a drug or alcohol offence either in inappropriate circumstances or following a defective procedure. Rights may also arise if an employer seeks to force an employee to undertake a drug or alcohol test in unreasonable circumstances. A policy, if correctly formulated, will clearly state when a drug or alcohol problem is regarded as an employee disciplinary issue. It can also help to clarify employees’ position in relation to Trade Unions.
- Human Rights Act, 1998 – This statute imposes a right to respect of home, correspondence and private life, and has been termed a right to privacy. This will impose restrictions on the manner in which an employer can interfere with or pry into an employee’s private life and may create free-standing rights enforceable against an employer. Emerging case law suggests that this will not prevent proportionate drug testing if there are justifiable safety reasons for testing.(1)
Corporate Issues
A workplace policy is also advantageous from a business point of view:
- A policy can constitute a set of guidelines for managers and employees as to how to act when confronted by drug and alcohol misuse in the workplace. By outlining responsibilities and procedures a problem can be dealt with at an early stage and in a consistent manner. A policy is hence a worthwhile asset to personnel procedures.
- A policy can also help to reduce certain workplace problems; alcohol-related absence causes up to 17 million lost working days a year(2) and 22% of London businesses reported absenteeism due to drug misuse.(3) This is particularly relevant to employers in the South East, where the overall sickness absence rate is the third highest in England.(4) However, problems go beyond just absenteeism; the National Treatment Agency for Substance Misuse (NTA) highlights ‘presenteeism’ as an issue, which means that an employee may be at work, but under-performs due to drug use at break-times or the night before. Subsequently, due to ‘impaired judgement’, accidents rates are higher as a result and overall performance much lower.
- Having an effective way of dealing with drug and alcohol problems in the workplace can reduce costs for an employer; the cost to industry of illegal drug use is estimated at £800 million a year(5) and the overall annual cost of productivity lost due to alcohol misuse is estimated at £6.4 billion.(6)
- The image and reputation of a company can be damaged by external complaints about the performance of employees under the influence of drugs or alcohol. It is hence in an employer’s interest to develop a policy to effectively deal with such instances.
Personal and Societal Advantages
- Developing a policy can help to raise awareness about drugs and alcohol in the workplace and also prompt employees to assess their workplace environment; stress, low morale, workplace bullying and even theft can occur as a result of a problem and having a strong policy can lead to a more healthy workplace that tackles these issues.
- Drug and alcohol misuse are significant problems in a wider societal context, with an estimated 332 000 problem drug users in Britain.(7) Employers can play a vital role in ameliorating this situation and helping vulnerable members of society. Furthermore, by engaging with their Corporate Social Responsibility (CSR), employers’ reputations can benefit.
These three broad categories show how having an effective drug and alcohol policy is beneficial to an organisation.
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