Silly season warning
The consumption of alcohol in the workplace during the silly season, with its seasonal celebrations and “quiet” time for business, brings with it risks for employers and employees.
Workers consuming alcohol in the workplace or during work hours put themselves and fellow workers at risk of injuries, particularly if handling heavy machinery.
And employers run the risk of claims under OH&S obligations if a worker is injured. There is also, of course, the risk of claims of sexual harassment.
The issue of the adverse effects of alcohol consumption is covered under the Occupational Health and Safety Act 1985. The Act requires:
- employers to provide and maintain a working environment that is safe and without risks to health: s21. Without in any way limiting the generality of this duty, employers have duties with respect to plant, substances and systems of work; providing facilities for and information, instruction training and supervision to their employees; monitoring their health and safety and so on: ss21(2) and (4);
- employers and self-employed persons to ensure that persons other than employees, which would include the public, are not exposed to risks to their health or safety arising from the undertaking of the employer or self-employed person: s22; and
- employees to take reasonable care for their own health and safety and that of others and to cooperate with employers in their efforts to comply with OHS requirements; and to ensure they are not, by use of alcohol, affected in a way that may put themselves or others at risk: s25.
WorkSafe Victoria has released new guidance material (which includes the above information) to assist employers in setting up a program on managing alcohol in the workplace.
The guidelines, Alcohol in the Workplace – Guidelines for developing a workplace policy, were released in November and outline:
- developing an alcohol policy and program;
- establishing an employee assistance program (EAP) to assist with alcohol problems or other workplace issues which may lead to alcohol consumption; and
- determining when testing for alcohol consumption is permissible, and any related issues.
The guidelines also include resources that employers can refer employees to, for example, government-funded alcohol and drug counselling services and other drug and alcohol programs.
For more information, go to www.worksafe.vic.gov.au and select “Guidance Material” in the right navigation tool for an outline of developing policy and general information on alcohol in the workplace.
Disclaimer:
The information in this newsletter is not intended to be a complete statement of the law relating to the issues raised. Accordingly, no person should rely on this information without first obtaining specific advice from Brendan Kelly of our office. | 
