drugs at work

Thelma Agnew looks at the problem of drugs and alcohol in the workplace and reviews the options for employers and employees

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'People of our generation treat drugs as a very normal pastime. I wasn't the only person using in my workplace – in fact, I was buying for colleagues, and one of the partners was using drugs at the weekend. I got involved in all sorts of nonsense as a result of narcotics and drink. The drugs lost me a profession.'

By the time he was sacked from his job in July 1998, David, who is now 33, was under the influence of cocaine and alcohol (and other drugs) almost all of the time. The mistakes at work were piling up. He was prosecuted for defrauding the firm of thousands of pounds (but cleared – the money only looked as if it had gone missing because of David's administrative chaos). The final humiliation came when he was struck off as a lawyer in July 2000. In the meantime he'd found time to have a breakdown, get treatment, come off the booze and the drugs, and start a new, less lucrative career, as a counsellor and legal consultant.

David admits he always had a taste for drugs and alcohol. But the heavy workload he was given, and the drug-friendly culture in his firm, encouraged his slide into addiction.

the scale of the problem

As drugs become a commonplace feature of many people's social lives – particularly in the 16-29 age group – they are leaking into the workplace. The report Drink, Drugs and Work Don't Mix, by Alcohol Concern and the Institute for the Study of Drug Dependence (now called Drugscope), pulls together the statistics and information. The report finds that most people who have a drinking problem are in work, as are 25% of those seeking help for problems with other drugs.

In a survey by the Chartered Institute of Personnel Development and the Reward Group, 46% of large companies said that alcohol misuse was a problem at work, while 18% reported illegal drug use by their employees in the previous year.

consequences in the workplace

Although problem drinkers and drug users may stay in the workforce, there is evidence that they perform less well, change jobs more frequently, and take more time off sick than other workers – all of which costs employers heavily. One government study estimated that around 14.8 million working days are lost each year as a result of drinking – that's 3-5% of all absence.

In some jobs, particularly where safety is involved, such as the transport industry, any form of intoxication is a very serious matter and may be a criminal offence (see legal issues). But even if safety isn't in question, drinking heavily or taking drugs while at work is not generally a good way to impress the boss. Most of the sought-after effects of alcohol and illegal drugs cause changes in behaviour that are inappropriate at work. Feeling intensely relaxed (cannabis) or euphoric (heroin, ecstasy) is not conducive to the meeting of deadlines, for example. Displaying uninhibited, very sociable behaviour (a consequence of many drugs, notably ecstasy and alcohol – though alcohol can also make people aggressive) – is likely to alienate or alarm colleagues who are fuelled only by caffeine. Unpredictable and clearly undesirable side-effects – for example, passing out at your desk or suffering a panic attack – are also a possibility.

Someone who drinks at lunchtime to help them cope with a stressful afternoon meeting may find that the alcohol escalates their anxiety. It will certainly impair judgement and reflexes – increasing the possibility of their saying something stupid and bumping into the furniture. Cocaine and amphetamines may help a user work long hours, but they can also increase anxiety and affect the quality of work.

Despite this, alcohol and drugs are so embedded in the culture of some organisations that bosses tolerate or even encourage substance misuse. According to Drugscope, high-earning white-collar workers are most at risk from this sort of employer collusion: in a few companies, 'If you have to stay up till 4am to get the job done, and cocaine helps you to do that, then the employer turns a blind eye.'

More commonly, though, workers with a habit are viewed as bad for business. Productivity suffers not just from excessive absenteeism but also 'presenteesism' – when the employee turns up for work but can't function properly.

Different drugs involve different after-effects and recovery periods (see the abc of drugs for detailed information) but getting over a heavy session can take days, during which time you may feel tired, agitated, anxious or depressed. Sleeping problems are also common. In the long term, users may experience difficulties in their relationships and will be more vulnerable to medical problems. These problems also affect productivity at work.

In addition, the poor performance of a problem drinker or drug user puts colleagues under stress.

the employers' interest

With the encouragement of government, employers in a wide range of industries are therefore taking an interest in the drug-taking habits of their employees. This interest can express itself in almost pastoral terms – an offer of confidential help for anyone who might need it. But at the other end of the scale there are employers who act like private investigators, determined to catch and punish drug users.

Their reasoning is simple: if it affects their business, it is their business. Broadly speaking, if drugs or alcohol are impairing your ability to work safely and productively, your employer has a right to intervene, even if you indulge the habit outside working hours.

testing

According to a national survey of 1,800 firms by the Chartered Institute of Personnel and Development:

• 5% of businesses have a policy of randomly testing employees for drugs
• 4% carry out random tests for alcohol
• 9% conduct pre-employment testing for illegal drugs (fail the test and you may not get the job)
• 9% use pre-employment tests for alcohol misuse.

Workplace testing for drugs and alcohol, usually by taking urine or blood samples, is a controversial area. 'We are suspicious of testing and would only tolerate it within a health and safety set-up,' says the TUC's health and policy safety officer, Tom Mellish. He adds that there is no evidence that random testing works as a deterrent. However, no one argues against testing in 'safety-critical' industries such as transport.

The Confederation of British Industry (CBI), which represents employers' interests, says that safety is the 'primary' – but not the only – reason for testing. 'If somebody's ability to do their job might be impaired by drug-taking – for example they are making deals – employers should be able to test. You might cost the company money if you are not on top of things.'

But overzealous employers who insist employees submit to tests for no good reason could find themselves liable to prosecution under a new code of practice being developed by the Office of the Information Commissioner (the independent authority that oversees compliance with the Data Protection Act). The code, currently in draft form, warns that while alcohol testing offers a 'rough measure' of how impaired a worker's performance is likely to be, drug tests are less reliable and much harder to interpret. A positive drug test gives the employers very little information: 'All it shows is that at some point the person came into contact with a particular type of drug.'

Unless justified on safety grounds, alcohol and drug testing should only be introduced as part of a voluntary treatment programme, says the code. And positive results for cannabis 'should neither be recorded nor used'. This would be good news for people who smoke an occasional joint – cannabis can stay in the system for days or weeks.

legal issues

Employers who turn a blind eye to employees' alcohol or drug habits risk prosecution under health and safety legislation. The 1974 Heath and Safety at Work Act places a general duty on employers to take action if an employee's behaviour is putting themselves, or other people, at risk. Interestingly, this responsibility cuts both ways – employees are also required to take reasonable care of themselves and others who might be affected by their behaviour, and to co-operate with employers in their efforts to tackle problem behaviour.

The transport industry is covered by additional legislation (the 1992 Transport and Works Act) which makes it a criminal offence for certain workers in jobs where safety is of critical importance – train drivers, for instance – to be under the influence of drink or drugs while at work. Transport system employers are also required to be 'diligent' in preventing such dangerous behaviour.

sanctions

Turning up for work under the influence of drugs or alcohol, or taking drugs while on work premises, are sackable offences. 'You are supposed to present yourself fit for work – it would be difficult to defend someone [in these circumstances],' says the TUC's Tom Mellish.

Turning up with a hangover is a greyer area. Diane Sinclair, employment relations manager with the Chartered Institute of Personnel and Development, points out that grounds for dismissal cover capability and/or conduct: 'Coming in with a hangover will affect both. You are probably going to be late and you are not going to be very effective when you are in.' The axe, however is unlikely to fall for a first (or very infrequent) offence: 'What would be most suitable would be for an organisation to give the employee a warning and a chance to improve. Most employers won't care if you do it once a year. It's just when it affects your productivity.'

Health and Safety Executive (HSE) guidelines (Don't Mix It – Alcohol and Work) state that disciplinary action should be a last resort and point out that 'a court may find a dismissal unfair if an employer has made no attempt to help an employee whose work problems are related to drinking alcohol'. Overall, employers are under increasing pressure to treat drink and drugs problems in the same way that they would any other medical or psychological problem.

help for employers and employees

The HSE, drugs and alcohol bodies, and unions and professional bodies provide a wealth of information and support for employees with drinking and drug problems. The same sources also provide advice for employers on effective drugs and alcohol workplace policies. Just about all of the material emphasises that policies need to be drawn up in consultation with staff. They should also be clear and consistent – banning worktime drinking for junior staff and allowing senior managers to continue with boozy lunches is not on.

Any action checklist should include the following:

• establish if there is a problem
• consult with staff
• provide general information about drugs and alcohol, and confidential support
• decide in what circumstances an employee's habit becomes a disciplinary matter.

According to Lawcare, the advice and support organisation for solicitors, it is in most employers' interests to treat substance misusers sympathetically, since supporting someone through a treatment programme can be cheaper than recruiting a replacement.

help and info

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organisations

Alcoholics Anonymous
PO Box 1
Stonebow House
Stonebow
York YO1 7NJ
Helpline: 0845 769 7555 (24 hours)
Tel: 01904 644026
E-mail: aanewcomer@runbox.com
Website: www.alcoholics-anonymous.org.uk
Runs self-help groups throughout the UK. The only requirement for membership is a desire to stop drinking.

Al-Anon Family Groups UK and Eire
61 Great Dover Street
London SE1 4YF
Tel: 020 7403 0888 (Mon-Fri 10am-4pm, answerphone available)
Website: www.al-anonuk.org.uk
Offers understanding and support for families and friends of problem drinkers. Alateen is for young people aged 12-20 who have been affected by someone else's drinking. See the website for details of branches in Scotland, Northern Ireland and Eire.

Alcohol Concern
32-36 Loman Street
London SE1 0EE
Tel: 020 7928 7377 (Mon-Fri 9am-5pm)
E-mail: contact@alcoholconcern.org.uk
Website: www.alcoholconcern.org.uk
Alcohol Concern acts as the national umbrella body for 500 local agencies tackling alcohol-related harm and offering help to the families and friends of those with alcohol-related problems. Produces various factsheets and publications. Please note that Alcohol Concern do not run a helpline.

Alcohol Focus Scotland
2nd Floor, 166 Buchanan Street
Glasgow G1 2LW
Tel: 0141 572 6700 (Mon-Thurs 9am-5pm, Fri 9am-4.30pm) (information only)
E-mail: enquiries@alcohol-focus-scotland.org.uk
Website: www.alcohol-focus-scotland.org.uk
Aims to promote a responsible attitude to drinking, and to reduce the effects of alcohol misuse on all those affected by their own or another's drinking. Provides information and advice on responsible drinking, and services to people with alcohol problems are available through their network of Local Councils on Alcohol, located throughout Scotland. Please note that they do not run a helpline.

Drinkline
PO Box 4000
Glasgow G3 8XX
Helpline: 0800 917 8282 (24 hours)
A free national helpline offering advice and information for people with alcohol problems or anyone concerned about alcohol misuse. Provide advice on sensible drinking and information on local support services to help people cut down on their drinking.

DrugScope
32-36 Loman Street
London SE1 0EE
Tel: 020 7928 1211 (Mon-Fri 9am-5.30pm)
E-mail: info@drugscope.org.uk
Website: www.drugscope.org.uk
National drugs information agency with services that include a library, a wide range of publications, policy research and consultancy.

LawCare
Helpline: 0800 279 6888 (Mon-Fri 9am-7.30pm, Sat-Sun 10am-4pm)
Website: www.lawcare.org.uk
Offers an advisory service to help solicitors and barristers, their staff and their immediate families to discuss health issues and problems that affect work performance and/or family life, such as depression, addiction and related emotional difficulties.

The Sick Doctors Trust
36 Wick Crescent
Bristol BS4 4HG
Helpline: 0870 444 5163
E-mail: help@sick-doctors-trust.co.uk
Website: www.sick-doctors-trust.co.uk
Help and support for doctors addicted to alcohol and other drugs.

websites

Alcohol Concern: workplace and alcohol
www.alcoholconcern.org.uk/ ..
Factsheet which summarises current issues and research on alcohol use in the workplace.

Chartered Institute of Personnel and Development
www.cipd.co.uk
Professional body for those involved in the management and development of people. Its website includes Alcohol and Drug Policies in UK Organisations, a downloadable pdf report setting out the findings of the first major survey of alcohol and drug policies and practices in UK organisations.

The Confederation of British Industry (CBI)
www.cbi.org.uk
The CBI supplies advice, information and research services to employers on key public-policy issues affecting business.

Health and Safety Executive (HSE)
www.hse.gov.uk
Provides information on health and safety in the workplace. The website includes Don't Mix It a guide for employers on alcohol at work.

Trades Union Congress (TUC)
The TUC publishes a series of booklets explaining your rights at work and how to deal with common workplace problems.
www.tuc.org.uk

reading

PersonnelToday: Helping staff get back on track
Article on a groundbreaking drugs and alcohol service helping London Underground tackle a culture of misuse, reduce sickness absence and improve productivity.
www.personneltoday.com/Articles/ ..

PersonnelToday: Sky high
Article describing the difficulties of introducing a drug and alcohol abuse policy but outlining why such a policy is essential when employees are in safety critical positions. Use the search function on the site for other articles related to drugs and the workplace.
www.personneltoday.com/Articles/ ..

(revised February 2003, resources updated February 2005)