Bosses told how to avoid Xmas party hangovers
With the annual end-of-year summer party season underway, employers might spare a thought for the risks posed to their organisations by staff members arriving at work still under the influence of alcohol or illicit mind-altering substances after an indulgent night out.
Put simply, employers should face the reality that their staff members may be consuming illicit recreational drugs and excessive amounts of alcohol at parties over weekends and weeknights and may be reporting to work the following morning either still under the influence or in an impaired state.
Employees under the influence of, or suffering the after-effects of drugs or alcohol at work, pose a potentially dangerous situation not only to themselves, but also to the safety of their colleagues. Significantly, employees may pose a risk even where they are no longer technically 'under the influence' of drugs or alcohol, owing to the after-effects of exposure. These after-effects may include significant concentration difficulties and fatigue.
While employers in some industries such as mining, are generally well prepared to detect these problems, most employers are not, and very few employers have impairment testing systems in place.
Employers particularly at risk are those involved in manufacturing, transport, building and construction, or those who have employees operating machinery that could pose health and safety dangers.
The potential risks to employers created by their employees who are either still under the influence of, or impaired by illegal substances and alcohol can include: injuries, both to themselves, their fellow employees and perhaps even to customers or members of the public; and discrimination, harassment or other inappropriate behaviour from employees in the workplace still under the influence of drugs or alcohol, including at work-sponsored Christmas functions. These may include racial slurs, sexual harassment and other inappropriate comments and behaviour.
When these problems occur, the impacts can include serious injuries, reduced morale, increased staff turnover and employers incurring legal liability for any injuries or harm caused.
To mitigate risk of liability, employers are advised to:
- Ensure appropriate policies are in place about alcohol and drug consumption
- Provide staff members with a reminder about the risks of substance and alcohol abuse at this time of the year
- Be vigilant and instruct managers to be aware and to immediately report any concerns
- Thoroughly investigate reported breaches
- Seek legal advice after initial investigation
David Thompson is a partner at law firm Hunt & Hunt.
