Employers must design extensive policies around the consumption of alcohol in the workplace and ensure they remain consistent in applying them, both legal and research experts have warned, in light of a new study that shows 9% of workers drink while on the job.
The study, conducted by the National Centre of Education and Training, found that nearly 9% of 9,800 workers said they usually drank alcohol at work, and 5.6% said they had been under the influence while on the job.
And although Centre deputy director Ken Pidd told SmartCompany this morning much of that usage could possibly be attributed to workers enjoying a few Friday-afternoon drinks, he warns the legal liabilities remain.
“Employers have not only turned a blind eye to that sort of use, but they’ve actually encouraged it, as a team building and morale building exercise,” he says.
“If they are doing that, they need to have strategies and policies in place to make sure that’s done in a responsible way.”
Jessica Fletcher, senior associate and Hall & Wilcox lawyers, says it is imperative that businesses with employees operating heavy machinery have clear and extensive policies around the consumption of alcohol.
And although Fletcher says businesses are legally able to subject employees to drug and alcohol tests, they must have written policies before this can be done.
“If they want to do that, then having well documented policies is the best approach, so employees are aware of what the expectations are around alcohol and have an understanding of what the ramifications are if those policies are breached.”
Experts point out that drinking in an office environment has a much lower risk than in a warehouse with dangerous equipment, but Wilson says the policies need to be consistent.
“In the absence of these policies, some industries and workplaces operate in such a way that they need to act immediately if they suspect someone is not fit to work.”
“That needs to be dealt with very carefully, and sometimes it does mean that you might need to stand someone down.”
Although Fletcher says it can be difficult ordering employees to stop working if an employer suspects they are under the influence, it can be done if correct policies are in place.
“That’s a dangerous direction, but you can say the business has concerns and they would like the employee to step down, and undertake an inquiry.”
“But really, the best approach is to have your policy up front which guides both the employer and the employee.”
Pidd says he suspects much of the consumption of alcohol is done before employees leave to go home. But he says this is still a crucial point for employers, as they are still responsible for activity that occurs in the workplace.
“Travelling to and from work is also subject to occupational health and safety, and there have been cases where people have been able to qualify for workers’ compensation.”
“The employer can be held responsible for any injuries so they need to be aware of what’s going on and have those policies in place.”