Alcohol and drugs at work: guidance and advice

First, check whether your employment regulations address this topic (in the context of CLA 100). 

If there’s no detailed policy yet, it’s important to make clear agreements one-on-one with your employee. Your starting-point should be an open conversation and genuine concern for their well-being. Remember that employees generally don’t find it easy to bring up their use themselves, whether out of shame or fear of the consequences. 

Often, simply talking about the signs you’ve noticed and expressing your concerns is enough. Don’t leave it until you’re absolutely sure, because the sooner you engage in dialogue, the greater the chance of recovery. 

Tip: try to link the conversation to performance. Does the employee’s possible use affect this? Explain clearly what you want to achieve and what your expectations are, and record everything in a brief report. 

Private-sector employers are required to develop an alcohol and drug prevention policy for all their employees. This applies equally to organisations in the public sector, as they too are bound by the Well-being Act.  

CLA 100 is particularly relevant for the policy framework. The bottom line: companies must develop a policy statement outlining an alcohol and drug prevention policy – also known as Phase 1. Phase 2, which involves translating this policy into rules, procedures, training and support services, is optional, but strongly recommended. 

Prevention is key. An effective policy heads off performance problems due to alcohol and drug use, while also setting out how to respond appropriately when problems do arise. The goal isn’t to confront your employees with their alcohol or drug use, but with the potential consequences within the workplace. 

If you don’t know where to start or aren’t sure whether your policy is adequate, our experts can provide clarity. 

Under the Well-being Act, every employer – including public-sector bodies – must take measures to protect employee well-being. Clearly, an alcohol and drug prevention policy should be part of this. Public bodies can easily base such a policy on what already exists in the private sector, such as CLA 100. 

The obligations include a dynamic risk management system based on a recent risk assessment. This assessment involves identifying hazards, determining and describing risks and evaluating risks to the well-being of employees while performing their work.  

A good alcohol and drug policy is based on four pillars:  

• Employee training and education 

• Rules 

• Procedures for acute and chronic abuse 

• Providing help 

A balanced and coherent set of initiatives and measures in these four areas is key to the success of your policy. 

If you notice that an employee poses a danger to themselves or others, you are obliged to intervene and stop them from working. 

The occupational physician may not take disciplinary measures: that’s the responsibility of the managers. However, the physician can play an important supporting role. 

If, during a health assessment, the physician identifies risks that may be related to alcohol or drug use, they should inform the employee about the assistance available within the organisation. They should also point out that the employee can get in touch with their own doctor or with specialised support services. If the employee is unable to do so themselves, the occupational physician may, with the employee’s permission, bring in an external support provider. 

It is also recommended that the occupational physician serve as the point of contact within the organisation when an employee is undergoing treatment. Later, the occupational physician can assist with reintegration and facilitate contact with colleagues and managers. Naturally, the occupational physician will remain strictly bound by professional confidentiality and maintain an independent position with respect to both you and your employee. 

You can only test employees for alcohol or drugs if you meet six conditions (Article 4 of CLA 100):    

#1  
Tests must always be administered on a risk prevention basis, for example to determine whether an employee is fit for work. The rule is that if the test result is positive, you must prevent the employee from working – even if it is not clear that they are intoxicated or unfit for work. 

#2 
As an employer, you may not use the test result for purposes unrelated to risk prevention. For example, positive test results are not sufficient grounds to impose disciplinary measures. 

#3 
The alcohol or drug test must be sufficient, relevant and not excessive. 

#4  
You always need your employee’s explicit and individual consent to administer an alcohol or drug test, as testing touches on the employee’s right to privacy.

#5 
Alcohol or drug tests must not lead to discrimination between employees. However, you can decide to administer tests to specific individuals or teams if you take this condition into account.  

#6
Keeping and recording individual breath test results is not permitted, as this violates privacy legislation.

Biological tests may only be administered by the occupational physician during a medical checkup. You may administer non-biological tests (where you only receive a positive or negative result) yourself under very strict conditions, but you must comply with privacy principles. Ask Mensura if you have any questions about this.