Drink and Drug Abuse - What can employers do?

Employer groups estimate that the employment costs related to drink and drug use are rising at about 10 per cent per annum. The main reason for this is that drink and drug consumption have increased dramatically in Ireland during the Celtic Tiger years: Alcohol consumption increased by 17 per cent over the past decade according to the Health Research Board, and there was an even bigger increase in drug abuse – estimated at 30.5 per cent over the last 10 years by the National Advisory Committee on Drugs. Although alcohol sales have fallen off in recent months for financial reasons the rate of drinks-related incidents at work has remained high as, literally, increased stress is driving more and more workers to drink and drug abuse.

The biggest problem and cost for employers is absenteeism: According to one survey 63 per cent of workers have phoned in sick after getting drunk the night before (Portman). More worryingly, 80 per cent admit to having been hung-over while at work in safety critical industries such as agribusiness. In high risk industries, such as construction, up to two thirds of workers say that they have turned up late at work after drinking the evening before, while 40 per cent say they have been physically drunk while at work (NUIG). In a recent pre-employment test 50 per cent of recruits were found to have taken intoxicants (EAP Institute). So the problem of drink and drug related absenteeism is widespread.

The other significant issues is that problem drinkers and drug users:

Generally perform worse at work (50 per cent of those in the NUIG survey said their drink and drug use led them to perform poorly).
Change jobs more frequently.
Are more prone to injury.
Are more likely to have depression.

While it may appear at first to be a trifling piece of legislation to introduce, failure to proceed with a Ministerial Order allowing employers to fully test for drink and drugs in the workplace, is costing the Irish economy an estimated 500 million Euro each year. The main reason for the delay in its implementation is that the Government agreed to further discussions on planned regulations with the unions prior to introducing the regulations. Clearly other events on the social partnership agenda have overtaken the need to introduce these at present and the Order is unlikely to be introduced this year.

Despite reservations expressed by civil organizations about workers’ rights many companies are now taking matters into their own hands. Alcohol and drug testing have become particularly prominent in safety-critical sectors, amongst American-owned companies and in the transport sector. In the absence of a formal Ministerial Order, however, employers cannot automatically assume that drink and drug testing will work in their favour. Recently, the Labour Court found for an employee who took an unfair dismissal case after he had been laid off, despite him failing a random drugs test. Although he tested positive for a cannabis-related substance the employee, and his union, argued that the level was low (not critical) and the employer did not have a code of practice in place on drug and alcohol testing.

Action on the Ministerial Order does need to be taken soon as apart from the direct financial cost to employers, where death or serious injury occurs as a result of actions or inactions by employees under the influence of drink or drugs, employers could face jail sentences or fines of up to three million Euro.

Employers need to have a clear drug and alcohol policy and a code of practice in place and this should be communicated to all employees.