Key employer legislation

There are several laws relating to substance misuse that employers must adhere to:

• Health and Safety at Work Act 1974: Employers have an obligation to ensure the health, safety and welfare at work of employees. Work situations that are “safety-critical” include operating machinery, electrical equipment, heavy lifting equipment, using ladders or driving.
• Management of Health and Safety at Work Regulations 1999: Employers have an obligation to assess the risks to the health and safety of all employees. If an employee with a drug or alcohol problem is knowingly allowed to continue working (where their behaviour places them or others at risk) Employers could be prosecuted.
• The Transport and Works Act 1992: Employees are required to take reasonable care of themselves and others who could be affected by what they do at work. It is a criminal offence for workers to be unfit through drugs or alcohol while working on railways, tramways and other guided transport systems.
• The Road Traffic Act 1988: Any person who, when driving on a road or other public place, is unfit to drive due to drug or alcohol use will be guilty of a criminal offence.
• Misuse of Drugs Act 1971: If an employer knowingly permits the production, supply or use of any controlled substances to take place on their premises they could be committing an offence.

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