Legal
Issue No. 12 - August/September 2003
Drugs, Alcohol and the Workplace
by Michael Hegarty
Drinking and driving is acknowledged to have dangerous consequences, and Parliament has enacted laws to limit and control problems arising out of such practices. We take it for granted that if we disobey these laws, we run the risk of losing our licence — after all, drink driving kills. But what is the situation in the workplace?
Discussions about alcohol and drugs at work often centre on legal and moral issues in relation to illicit drugs. It is important however to remember that all drugs, illegal or legal, have a potential to affect our physical and/or mental abilities.
The work we do is central to our lives, and what we do out of work may affect us at work. For instance, a family argument or a death in the family will affect our work performance. To use drugs or alcohol is a personal decision but one that can impact significantly on our lives and those of others. Any drugs, (legal or illegal) or alcohol can affect our performance.
The Occupational Health, Safety and Welfare Act 1986 places obligations on employees and employers with respect to safety at work. Drug and alcohol use presents a problem for employers who have responsibility to ensuring a safe workplace. The issue is magnified where the nature of the work undertaken involves driving, working with heavy machinery or other hazardous operations.
When is a person’s safety at work endangered? The answer depends upon the circumstances of the workplace and the duties being undertaken by employees.
What level of alcohol is dangerous? Is it exceeded with one standard drink or several? Is the person a habitual drinker with an ability to perform adequately after several drinks? Two standard drinks may not be a problem for one person but cause a major impairment of ability in another. Gender, ill health and other issues may have an impact.
By way of analogy, the Road Traffic Act 1961 imposes the offences of driving with a prescribed concentration of alc...
