This article has been published to assist smaller companies in handling one of the most difficult personnel issues for managers. Too often alcohol related problems are ignored until a crisis develops. This booklet contains information, advice and practical guidelines for management training procedures, as well as suggestions for a company code of conduct for alcohol and an alcohol dependency policy. Not all the information will be necessarily relevant to all companies. In the smallest of firms the need for a formal alcohol policy may be minimal and it is suggested that in these cases consideration is given to having a written code of conduct for alcohol nevertheless. Drug issues have been excluded as alcohol abuse is still by far the major workplace problem and to include drugs would complicate the simplicity of this article.

It is appreciated that many smaller businesses will not have a Company Physician (or Occupational Health Service). It is nevertheless worth identifying an individual able & willing to fulfil this role when the occasion arises.

M G McCann MD MA DIH MFOM

The cost to industry of alcohol misuse has been difficult to quantify but it has been estimated at about £3 billion a year, through accidents, reduced productivity and absenteeism. There is also the cost to the individual in terms of health, relationships and job prospects. Hangovers alone have been estimated to cost Industry between £53 and £108 million per annum.

Adopting sensible drinking attitudes not only has a positive effect on your health and safety but also on work performance.

• To protect and maintain the safety and welfare of all employees.
• To ensure that the Company responsibility in maintaining a safe working environment is adhered to.
• To encourage and assist staff, whose drinking is affecting their life or work performance, to seek help at an early stage.
• To promote the concept that alcohol and work do not mix.
• To set up a procedure for dealing with alcohol related problems.

Management should encourage a continuing commitment to alcohol education.

All employees should be informed of the reasons for a Company Alcohol Code of Conduct and a Policy on Dependency, and the protection it affords to all, with emphasis on confidentiality.

Inapproporate drinking before, during and after work can affect:

1. Accidents at Work
Overall in the UK, 1 in 5 accidents and over 50% of fatal work accidents in the workplace are alcohol related. A small amount of alcohol can cause a lack of co-ordination, slower reaction times, impaired eyesight and judgement, thus increasing the risk of an accident occurring.

2. Relationships and Behaviours
Relationships and behaviour can be adversely affected, leading to problems with family, friends and work colleagues.
Inappropriate behaviour can be disruptive and lead to tension and frustrations. It also limits the prospects for promotion and can put the individual's job at risk.

Code of conduct for alcohol

Therefore a company should introduce an Code of Conduct for Alcohol which staff should comply with.

• All employees should be forbidden to consume alcohol when at work or to bring it into their workplace. Where an individual is unable to work to the standard required by the Company or acts in an unsafe or irresponsible manner, whilst under the influence of alcohol, this should be dealt with as a performance or conduct issue, as appropriate.
  
  
• All employees should be expected to attend work in a fit state to carry out their job in a safe and effective manner. Any employee judged to be under the influence of alcohol should be subject to disciplinary action, which could result in dismissal.
  
  
• All employees should be discouraged from drinking before attending work or during breaks in work. Employees have a responsibility under the Health & Safety at Work Act for their own safety and for that of their colleagues. A small amount of alcohol before work or at lunchtime could seriously increase the risk of an accident occurring.
  
  
• The workplace should be an alcohol free environment for both employees and its visitors, and this could be extended to work or meetings outside the immediate workplace. This must be applied to staff at all levels of the organisation.

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The theme and the climate in the workplace should be supportive and this can be achieved by:

• Stressing confidentiality
• Emphasising that treatment can restore the working ability of an employee.
• Avoiding the use of punitive language and advising the support, guidance and sources of help which are available.
• Ensuring the disciplinary procedures are used but preferably as a last resort.
• Encouraging Managers to identify staff with such problems through appraisal and measurement of work performance.
• Emphasizing that collusion, protection, denial and concealment all conspire to worsen matters for the alcohol abuser.
• Having a clear reporting structure to enable staff to express their concerns about colleagues and to be confident that they are approaching the correct person.
• Spelling out clearly the action to be taken in the event of an incident in accordance with disciplinary procedures.

1. Inform Human Resources/Personnel Adviser.
2. Review occupational history, assess short-term absences.
3. Human Resources/Personnel Adviser to review personnel record, especially for alcohol problems in previous employment.
4. Perform Risk Assessment with respect to safety and/or potential for unacceptable risk to the business.
5. If intoxication is obvious, then escort off site, ensure employee does not drive and, if necessary, provide transport.
6. If intoxication is obvious, convene a disciplinary hearing within 48 hours. Do not convene a hearing while employee is still intoxicated.
7. Be objective - do not enable (encourage continuation of the problem) by accepting excuses for intoxication. It is easy to be manipulated so follow disciplinary procedure.
8. Ensure a specific work document is subsequently kept for the employee which tracks all diversions from normal work pattern over a period of time, e.g. lateness for work, absenteeism, short term sickness, short term leave requests via telephone, performance issues, repeated absence from workstation, behaviour problems, especially mood swings and irritability, as well as the smell of alcohol.
9. Ensure that individual is aware of confidential support from the Company Physician, Occupational Health, the Manager or Human Resources and has seen the Alcohol Policy.
10. Do not confront the employee directly about alcohol problems unless credible evidence is available. Advise that a detailed report of management findings will be sent to the Company Physician who will do an assessment.

Where the employees have been placed on the company Alcohol Policy Rehabilitation scheme, it must be understood that there may be some relapses in the early stages of treatment. However, ongoing monitoring by Occupational Health or the Company Physician will determine whether the employee concerned is genuinely attempting to overcome the problem. If, in the opinion of Occupational Health, employees are abusing the Rehabilitation programme, then the rehabilitation treatment should be terminated.

When an employee voluntarily seeks treatment or is advised by the Company Physician, the Occupational Health Nurse or their GP that they require treatment, all matters are strictly confidential. When Management refers an employee for assessment and/or treatment, the employee's personal details should remain confidential.

Regardless of the circumstances, if, in the opinion of the Company Physician or Occupational Health Nurse, a situation arises wherein an employee could endanger him/herself and/or fellow workers the Company must be advised immediately.

Employees who are members of a Company Medical Insurance Scheme could be eligible for treatment for alcohol dependency in terms of the rules of the particular Medical Insurance Scheme.

Where, as a result of disciplinary action, an employee has been referred to Occupational Health, Occupational Health progress reports should be submitted to Management during the period recommended by the disciplinary action. Any employee who fails to comply with the treatment recommended should be referred back to Management and disciplinary action should be reinstated. A risk assessment should be undertaken of safety critical work or work which is business critical. This may lead to restricted or alternative work or dismissal on grounds of incapability.

In some companies the progressive impairment of the health of long-standing employees as a result of alcohol abuse may, in certain circumstances and at the discretion of the trustees of a Pension Fund, result in such employees being considered for ill health retirement provided that such employees are not subject to disciplinary action in respect of alcohol abuse.

1. Plan the meeting in a private office away from interruptions.
2. Ensure all documentation is available, e.g. absence records, poor performance, observed intoxication, specific incidents of behaviour, etc.
3. Do not introduce alcohol as an issue unless it is obviously present.
4. Avoid accusations based on rumours or hearsay.
5. Be specific, to the point and firm.
6. Ensure that the employee is provided with and aware of the Company Code of Conduct for Alcohol and Alcohol Dependency Policy.
7. Involve Human Resources or the Personnel Adviser.
8. Ensure that the employee is sober when the hearing takes place.
9. Advise the employee that they should be assessed by Occupational Health or the Company Physician. If agreed, make the appointment immediately.
10. Warnings for Alcohol offences should stand for one year.
11. Should an employee admit to intoxication and/or alcohol dependency then he/she can be advised to seek help from Occupational Health or the Company Physician and that it will be treated confidentially.
12. Discipline should be tempered with the assurance that if the employee makes genuine efforts to overcome the problem, the Company will assist in that process.
13. If they do consider undergoing treatment then the warning may be suspended from the Personnel File, but would be reinstated if relapse occurs.
14. Document the meeting and make a date to review progress.
15. End with caring support and recognition of individual achievements.

Every employee has a responsibility for his/her own health and safety and for that of his/her colleagues.

Employees should be aware of the effect alcohol can have in the workplace and the behaviour expected of them.

Employees who realise that they have developed or already have a latent alcohol problem should discuss the matter with:

They must understand any such discussions will remain confidential as will any subsequent treatment. It is also important they remember their duty to report any incidents of alcohol misuse and if someone is known whose drinking is causing problems, then encouragement should be given to take advantage of the help available.

The disciplinary procedure should clearly differentiate between conduct and performance. Generally there are different procedures for each.

The disciplinary procedure and company alcohol dependency policy should run in tandem flowing from one to the other as the case dictates.

The Disability Discrimination Act does not include alcohol dependency problems.

Reasons for dismissal could relate to:

Issues of conduct, which includes behaviour and unsafe work
Issues of performance, which includes capability and ill health.

There is a need to identify why dismissal is taking place. If unable to identify as an ill health problem due to 'denial' then the process should progress as a conduct/performance issue.

Reasonable steps must be taken to ensure fair practice. The company should act appropriately on all the available information at the time. An appeal process is to check that dismissal was the correct decision and if any further information has come to light. In the case of dismissal any appeal process will check the appropriateness of the decision and any other information not available at the time of dismissal of the individual.

An assessment needs to be performed to ascertain the fitness of the individual to do the job for the foreseeable future. If unable to do the job, then rehabilitation should be considered.

A risk assessment needs to be undertaken in the face of an obvious risk to safety or an unacceptable risk to the business. If a risk is identified then restricted or alternative work should be considered. If this option is unavailable and rehabilitation has failed then dismissal is considered.

If identified at pre-employment medical assessment that the individual has an alcohol dependency or uncontrolled drinking problem the responsibility of the company physician is to the company and not the individual.Subjective assessment of intoxication is only indicative of and not conclusive of intoxication. The onus of proving intoxication is with the employer on a balance of probabilities. Therefore, credible evidence is required.

Some companies are instituting alcohol testing with the agreement of their employees or due to the requirements of specific legislation. Usually this is done when a problem has been identified and when rehabilitation of individuals is taking place. It is stressed that testing whether by breath, saliva, urine or blood is only a tool. It is how the testing is used which is important and when problems arise. This is a complex subject which can have wider ramifications for the organization and therefore needs careful consideration. Further advice on this subject can be sought from the Medical Council on Alcohol.