Jurisdiction(s):
United Kingdom

Workplace Drug Misuse in Great Britain: HSWA 1974, MDA 1971, PSA 2016, Equality Act 2010—Employer Duties, Disciplinary versus Support, and Policy Essentials

Published on: 25 April 2019

Published by a LexisNexis Practice Management expert

Legal News

Article summary

What is the current legislation/regulation relating to drug misuse in the workplace and does this go far enough? Is there any guidance available for employers?

Employers are legally required, under the Health and Safety at Work etc Act 1974, to safeguard the health, safety and welfare of their workforce so far as is reasonably practicable. The Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) add a duty to identify and evaluate risks to employees’ health and safety. Where an employer knowingly permits someone to work while impaired by drugs or alcohol, and that behaviour endangers them or others, the employer may face prosecution. Workers, for their part, must also exercise reasonable care for their own safety and for anyone who could be affected by what they do—or fail to do—at work.

The Misuse of Drugs Act 1971 is the key UK statute governing drug misuse.
It renders the production, supply and possession of controlled drugs unlawful, save for defined exceptions, such as when lawfully prescribed by a doctor.

In certain scenarios, this could result in charges being brought, depending on the circumstances and conduct involved...

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