Alcohol and Drugs in the Workplace

1
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

2
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

3
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.

4
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

5
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