What do “intoxicants in the workplace” cover in Ireland?

In the sources, “intoxicants” include alcohol, illegal or controlled drugs, and medically prescribed medications that may impair an employee’s ability to perform duties safely or normally. Employees can be considered “under the influence” even where impairment arises from prescribed medication if it affects safe performance.

Why do intoxicants at work matter for safety and performance?

The material highlights links between drug/alcohol use and reduced concentration, slower task completion, increased mistakes, impaired judgment that raises accident risk (including when driving to or from work), and higher absence, lateness, and sickness levels. These impacts jeopardise safe, efficient operations.

What are the employer and employee obligations around intoxicants?

Employers are legally obliged, so far as reasonably possible, to ensure employees’ safety and welfare; employees also carry responsibilities to themselves and colleagues. Working under the influence must not be permitted. Employees should follow medical directions for prescribed drugs and alert management if side effects could impair work.

What should a drug and alcohol policy include?

The sources emphasise a clear, communicated policy that: (1) adopts a zero-tolerance stance to intoxicants in the workplace; (2) prohibits working while under the influence; (3) requires adherence to prescribed-medication instructions and disclosure where impairment risks arise; (4) bans unlawful possession, use, sale, or manufacture of controlled substances on company premises, vehicles, worksites, or during working time, with disciplinary consequences up to dismissal and potential referral for prosecution; and (5) sets out that a testing policy exists within the employee handbook.

How does “drug testing in the workplace Ireland” typically appear in policy?

According to the sources, employers may include drug and alcohol testing in the handbook and may use on-site testing where there is reasonable suspicion that an employee is under the influence of unauthorised prescription drugs, illegal drugs, controlled substances, and/or alcohol. The material references a partner provider for on-site testing and frames testing as an option grounded in reasonable suspicion rather than as a blanket measure.

What can a WRC case teach us about handling “employees under the influence at work”?

A 2023 WRC decision (A worker v A Food Preparation Company) rejected an unfair-dismissal claim where the employer found drug paraphernalia and followed robust procedures. Key factors included: (1) thorough investigation; (2) the employee’s right to representation throughout and a right of appeal; (3) multiple witness statements; (4) a clear drugs and alcohol policy with a zero-tolerance approach, including a policy-based right to search property and trigger disciplinary procedures; and (5) proportionality—the decision was within the “band of reasonableness” given a serious illegal-drug situation.

How should managers act, step-by-step, when they suspect intoxicants in the workplace?

Grounded in the case and guidance provided:

1. Refer to the company’s drugs and alcohol policy and disciplinary procedure
2. Carry out a fact-finding investigation, meeting the employee and any witnesses
3. Ensure the employee’s right to representation and an appeal route
4. If policy allows, conduct searches or arrange testing where reasonable suspicion exists
5. Decide on sanction proportionately, considering safety risks, job responsibilities, and public contact
6. Document decisions and communications

How do smoke-free rules fit alongside “drug and alcohol testing at work”?

The sources also reference a strict smoke-free workplace requirement and indicate that breaches should attract disciplinary action up to dismissal, aligning smoking rules with the broader intoxicants framework in policy and enforcement.

What disciplinary outcomes are envisaged for intoxicant breaches?

Where performance, attendance, or conduct is affected—or where unlawful possession or use occurs—disciplinary action may be necessary, up to and including dismissal. The appropriate sanction should be determined case-by-case, applying proportionality and documented procedures.