The summer has arrived and with it the likelihood of inevitable staff socials. Whether it is a staff picnic or a perk of a day out to the races, the summer months increase the likelihood of colleagues getting together and enjoying ‘a few’ drinks. In much the same way that we deal with Christmas celebrations, it’s vital that, as employers, you know and understand your responsibilities when it comes to Drugs and Alcohol in the Workplace?

We don’t want to be killjoys, everybody should have an opportunity to let their hair down but, as employers, you have legal obligations under the Health and Safety at work Act 1974, The Transport and Works Act 1992 and The Misuse of Drugs Act 1971. Also, depending on the nature of your business, you may also have responsibilities under the Road Traffic Act 1988 and the Transport and Works Act 1992.

One of the most important considerations is that you, as an employer, could be prosecuted as a result of the actions of your employees. So, you can be prosecuted if you knowingly allow an employee to continue working whilst under the influence of alcohol or drug misuse and his or her behaviour places the employee or others at risk.

These regulations need to be in the back of your mind when planning any staff social, for example if you’re having a summer event and your team are returning to work afterwards, it may be wise to keep the party dry.

In addition, the HSE states that employers could be breaking the law if they knowingly allow drug-related activities in the workplace and take no action. While none of us would ever want to consider that members of their team could be misusing drugs, it is important to consider what procedures are in place should the worst happen. Turning a blind eye could open a can of worms that goes beyond legal implications.

What should you do?

Ensure you have a comprehensive Drugs and Alcohol policy in place

Making sure that you have a policy in place to deal with every eventuality on a staff social will protect you and your employees. Your policy should aim to support affected employees and should also provide the guidelines and consequences for when acceptable levels are exceeded. It should include clear guidance on how confidentiality will be adhered to and give instruction on any agreed testing process that will be carried out. Details of any support available should be made clear and communicated to employees.

Remind your staff of your expectations

You need to let your employees know about the policy too. Make sure that they understand that being at a company picnic where prosecco may be served isn’t going to be the same as going out for cocktails or a couple of pints with their mates on a weekend.

Check that line managers can communicate effectively

Additionally, you should ensure that your management team feel confident and happy discussing difficult and possibly complex issues with their teams. There’s a huge difference between someone getting drunk at an office social and writing something damaging on social media and someone who has a chronic dependency on alcohol or drugs. Effective communication skills can be learned and honed on a supported Management Development Programme.

Embrace confidentiality

Imagine the situation, you’ve had a wonderful staff day out at the horse races, everything has gone swimmingly, team bonding has happened. The next week you hear that Lara in Admin was seen taking illegal drugs. There are two things to consider. The first is whether you are legally responsible for her actions, but the second is that she may not have been participating in illegal activities. Confidentiality in situations like this is vital and it is important to ensure that your team are prepared and that you have access to an independent consultancy should you need it.

At the end of the day, a staff social is as much for the employers as it is the employees. It’s your opportunity to bond and celebrate with your hardworking staff. So, in the same way that you will undoubtedly make sure that there is more food than booze available, checking that you have the correct procedures in place will save you at least one headache (although we can’t advise on any hangover cures).

If you require any help with introducing any new policies or procedures into the workplace or would like your current policies reviewed in line with current legislation, please contact us.