The recent high profile case of Nigella Lawson snorting cocaine in order to stay awake at night to write her cookery books, (or so she claims) raises the potential issue for employers about how to manage drugs in the workplace.
Whereas employees who are under the influence of alcohol may be obvious, the immediate effects on employees who are taking drugs may not be. Nevertheless drug taking and its effects in the workplace can be serious particularly if linked to drug abuse and drug addiction. Employers need to be aware of the consequences of employees taking drugs, both legal and illegal and should never turn a blind eye to any drug-related situation in the workplace. If they do they could be guilty of condoning a situation if not being prosecuted under health and safety legislation if not due to criminal charges.
A machine has been developed which is similar to a breathalyser which is able to test for drugs at the roadside will soon be available in the next two years. The Home Office has agreed to this and consultation has been undertaken. It is an offence to drive having taken drugs. At the moment the police use a pupilometer which tests the dilation of pupils. They also use a field impairment test that tests if someone can walk one meter in a straight line, stand on one leg and touch their finger to their nose. There is zero tolerance with cannabis. It carries a twelve month sentence or a £5,000 fine and three month prison sentence.
Prescription drugs taken for depression, such as benzodiazapene can cause many issues. It is the second most problematic drug after cannabis. Whilst a prescribed dose may be ok, taking more can impair someone’s ability to drive and operate machinery. Research done by the DWP in 2008 revealed that 2% of the workforce in the UK use cocaine daily at work which is around one million employees. It is a short acting drug; its effects last for 45 minutes to one hour if snorted or injected.
Drug misuse can contribute to absenteeism, poor timekeeping, poor productivity, damaged work relationships, accidents and ultimately the bottom line.
Whilst for office based staff the effects of drug taking may not cause health and safety issues, for those employees who operate machinery or drive the consequences can be serious.
Many employers operate drug testing to ensure their employees are safe. This can be introduced provided the process is open and transparent either linked to computer-generated random testing or post incident. Just picking on certain individuals is fraught with employment tribunal risks, Drug testing which is monitoring of employees is linked to data protection legislation and needs to be adhered to. Further information can be found in the relevant code of practice.
Employers should have clear policies and procedures in place to ensure that all employees know what to expect. A policy on drugs in the workplace may be linked to the disciplinary policy. Employees should be made aware that the police may be involved as drug taking is a criminal offence as Nigella Lawson is now finding out.