Intoxicant misuse in the workplace

The intoxicant misuse policy describes how to deal with employee intoxication at work.

Intoxicants can be alcohol, drugs, or a combination of the two, and includes prescription and non-prescription drugs.

Employees disclosing a problem with intoxicant use are considered to have a health problem and should be treated with sensitivity and discretion. The policy ensures that reasonable steps are taken to support employees to overcome health-related issues.

HSE National Policy and Procedure for the Management of Intoxicant Misuse

Policy aim

We aim to protect employees, service users, and other visitors to the HSE from harm caused by employees who misuse intoxicants, and provide safe, high-quality, and effective care.

Who the policy applies to

The policy applies to HSE employees. This includes those employed under a contract, through an agency, or through a work experience programme. Other healthcare providers, including Section 38 and Section 39 agencies, must adopt or develop a policy that is consistent with the HSE policy.

The testing and follow-up services detailed in the policy are only available to direct HSE employees.

Health and safety responsibilities

Employees must not be intoxicated to such an extent at work that it may impact their own and others' safety, health, and welfare.

Employers must identify workplace hazards, complete a risk assessment and prepare a safety statement. Intoxicants found to be a workplace hazard should be included in the risk assessment and safety statement. This complies with sections 19 and 20 of the 2005 Safety, Health, and Welfare at Work Act.

The policy provides additional information about roles and responsibilities.

Concerns about an employee's performance or attendance should be handled in accordance with the Managing Attendance Policy.

If an employee discloses that their poor attendance or performance is due to misusing intoxicants, they must be referred to Occupational Health.

Emergent event testing

Intoxicant testing is an objective way to find out if an employee's behaviour is due to intoxication.

The HSE adopts a 'with cause' policy for intoxicant testing, which requires employee consent. Employees may be tested if there are concerns about their fitness to work safely or if there is a reasonable suspicion of intoxicant misuse.

Where an emergent event occurs, testing can take place when an employee is at work, and there are both:

concerns about their ability to carry out their duties safely, and
reasonable grounds to believe that this is related to intoxicant misuse, as indicated by the following signs in the employee’s appearance or behaviour:
- staggering, or an unsteady gait
- bloodshot eyes
- 'explosive' arguments and disagreements over small matters
- erratic behaviour, forgetfulness, indecision
- hyperactivity, constant toe or heel-tapping, 'drumming' of fingers
- easy excitability
- alcohol smell on breath
- mood and behaviour changes
- excessive use of mouthwash or breath mints
- avoidance of supervisory contact
- tremors
- sleeping on duty

Note: This is not an exhaustive list.

Consent to testing

Testing can only be carried out with the person's consent (verbal) to the manager.

Upon arrival, the collecting officer will ask the employee to sign the consent form before testing. If the employee refuses to give a sample, the collecting officer will ask them to sign a refusal declaration form. A copy of the form will be given to the site contact.

Discussions about the test's purpose and process must take place sensitively and privately, in a setting where everyone's safety is considered.

Employee safety

If an employer believes there is a safety risk, the employee must be removed from the work activity. A documented risk assessment must be completed with the employee.

Further guidance is available in the HSE National Policy and Procedure for the Management of Intoxicant Misuse.

Risk assessment Intoxicant Misuse Sample 1 (Word, 45 KB, 2 pages)

Risk Assessment Intoxicant Misuse Sample 2 (Word, 45 KB, 2 pages)

Contractors providing testing services

Abbott Toxicology, an external specialist testing service, provides intoxicant testing services to the HSE. The supplier number on the HSE IFMS system is 20003175.

Abbott Toxicology is open 24 hours a day, every day of the year. They will respond within 24 hours to collect samples for drug and alcohol testing.

Phone: 091 832 998 (primary number)

Phone: +44 207 538 1133 (secondary number)

When contacting Abbott Toxicology, you must provide a Personal Identification Number (PIN) for your regional area. This PIN confirms your authorisation to activate a call-out. The PIN is released when a purchase order is generated for a region or national directorate.

Services must purchase this service directly. Find out more at HSEpass.ie.

Resources for managers

The manager and employee may be in contact with:

Occupational Health
Human Resources
Employee Assistance Programme
Testing service

As a general guide, refer to the Emergent Event Testing Flow Chart (PDF, 173 KB, 1 page).

The NHSF created a user guide to help managers understand and oversee the implementation of this service. The guide provides clear procedures, roles, and expectations to support consistent and effective testing.

User Guide for the Provision of Drug and Alcohol Testing Services for the HSE (PDF, 650 KB, 7 pages).

Support for employees with intoxicant issues

The policy aims to protect the health and safety of employees who might have issues with intoxicants. Employees can get help through a number of support services.

Support services include:

Occupational Health services provide independent, confidential advice to both employers and employees on the impact of health on work and work on health.

Employee Assistance Programme (EAP) provides confidential support, counselling, and referral services to employees who are experiencing personal or work-related difficulties.

Diversity, equality and inclusion provide support and guidance on topics relating to diversity, disability and reasonable accommodations. If you need support, email diversity.hr@hse.ie.

HSE Drugs and Alcohol Helpline provides support, information, guidance and referrals for anything related to substance use and alcohol. Employees can call the HSE confidential freephone helpline on 1800 459 459. The service is available Monday to Friday from 9.30 am to 5.30 pm. Alternatively, to request a call-back email helpline@hse.ie.

Important: Referrals to these services will be kept strictly confidential. Absence from work for treatment or rehabilitation can be treated as sick leave.

Training

Managing Intoxicant Misuse in the Workplace training for employees and managers

Data protection

Information about an employee’s health (including intoxication and intoxicant testing) is considered special personal data. It will be processed in accordance with GDPR regulations.