Employer's Substance Abuse Policy

What is a Substance Abuse Policy?

A substance abuse policy is a policy used by an employer and implemented within its organisation to clearly outline the employer's position on substance abuse and the consequences of substance abuse by employees. A substance abuse policy has the following objectives:

• To clearly outline how an employer handles the use of alcohol and drugs by employees. Including consumption of alcohol by employees on the business premises;
• To clearly outline how an employee can seek help with any existing alcohol or drug abuse; and
• To explain the punishments that exist for not following this policy, as well as clearly stating what kind of conduct will amount to breaking this policy.

What are the different employer policies?

• Social media policy: This is a policy that sets out how employees' are permitted to use social media to avoid negative effects on the employer's business.
• Workplace health and safety policy: This policy sets out key information aimed at keeping employees and workers safe at work.
• Employer whistleblowing policy: This sets out how an employer will handle reporting of unsafe or illegal activities within the employer's organisation.
• Equal opportunities policy: This is a policy an employer uses to explain how it ensures equal opportunities within the workplace.
• Employer holiday policy: This policy sets out the employer's procedures for staff holidays and the process for taking them.
• Employer sickness policy: This policy sets out how an employee should inform the employer of their absence from work because of sickness and how the employer will handle this absence.

 

Is it mandatory to have a substance abuse policy?

No, it is not mandatory for an employer to have a substance abuse policy. However, it may be good for the employer to implement as it shows the employer's concern for the wellbeing of its employees. Similarly, if the employer's business involves working with or manufacturing these kind of substances (e.g. a brewery), it may be beneficial for the employer to implement a substance abuse policy which governs consumption of substances on the premises.

 

What is substance abuse?

Substance abuse refers to the misuse of drugs or alcohol such that it becomes harmful, problematic or the user forms a high dependency on the substance. The substance abuse will also have a negative impact on the employee's ability to perform their daily tasks.

Who does a substance abuse policy apply to?

A substance abuse policy will apply to all employees or workers within the employer's organisation. These will be people who are hired under an employment agreement or a casual worker agreement.

Who is not covered by a substance abuse policy?

A substance abuse policy will not apply to independent contractors hired by the employer. These could be personnel contracted under a consultancy agreement or a services agreement. However, the employer may have a general policy that addresses the conduct of all personnel working on the premises, including service providers.

What can be the duration of a substance abuse policy?

The duration of a substance abuse policy will usually be tied to the length of the employment contract as it will be effective throughout the employee's employment. This means that it can run indefinitely, However, the employer can always amend or update the substance abuse policy at any time.

What has to be done once a substance abuse policy is ready?

Once the substance abuse policy is drafted, it should be signed by the employer or their representative and made available to all employees within the organisation. The substance abuse policy can be printed and handed to the employees physically or sent to them via email, Similarly, the employer can also publish the policy on its intranet, where it is accessible to all employees.

Is it necessary to have witnesses for a substance abuse policy?

No, It is not necessary to have witnesses for a substance abuse policy. This is because it is not an agreement between the employer and the employee. Rather, it is unilaterally implemented by the employer and the employer does not have to consult with the employee when amending the policy.

What must a substance abuse policy contain?

A substance abuse policy should contain:

• The objectives of the policy;
• The employer's rules on substance abuse;
• Information about help available to employees;
• How compliance with the policy will be monitored; and
• How/if screenings will be performed by the employer.

Which laws are applicable to a substance abuse policy?

Misuse of Drugs Act 1971

Psychoactive Substances Act 2016

Health and Safety at Work etc Act 1974

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