Responsibilities of Employers

How Big Is The Problem

Levels of drug use across the population in the U.K are now so high that it is inevitable that drugs will effect any workplace, no matter how large or small. Drug misuse can be a serious problem not only for the misuser but also for the business where they work and, sometimes, for their co-workers. The possession of some drugs is illegal, exposing the misuser to the risk of criminal charges as well as causing harmful effects to their health.

You could be breaking the law if you knowingly allow drug-related activities in your workplace and you fail to act. It is just as important to know the implications to both your employees and business of not tackling drug misuse, particularly where safety is involved.

Successfully tackling drug misuse can benefit both your business and your employees. For example by: Saving on the cost of recruiting and training new employees to replace those whose employment might be terminated because of untreated drug misuse.

The Legal Position

You have a general duty under The Health and Safety at Work Act 1974 (HSW Act) to ensure, as far as is reasonably practicable, the health, safety and welfare at work of your employees. You also have a duty under the Management of Health and Safety at Work Regulations 1999, to assess the risks to the health and safety of your employees.

If you knowingly allow an employee under the influence of drug misuse to continue working and his or her behaviour places the employee or others at risk, you could be prosecuted. Your employees are also required to take reasonable care of themselves and others who could be affected by what they do at work.