ARTICLE · 01 FEBRUARY 2024

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Intoxicants In The Workplace

Arthur Cox

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Issues relating to the use and dependency of intoxicants, both in and outside the workplace, remains a prevalent issue for employers.

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Seamus Given

Melissa O'Sullivan

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Issues relating to the use and dependency of intoxicants, both in and outside the workplace, remains a prevalent issue for employers. We revisit some of the primary considerations from an employment law and health and safety perspective when navigating these complex issues.

Intoxicants are defined in the Safety, Health and Welfare at Work Act 2005 (the "Act") as "alcohol and drugs and any combination of drugs or of drugs and alcohol". This definition covers legal (for example, prescription and over-the-counter medications) as well as illegal substances.

Employers' Duties

Under section 8 of the Act, employers are required to ensure, so far as is reasonably practicable, the safety, health and welfare at work of employees. This includes ensuring the prevention of improper conduct or behaviour that is likely to put employees at risk. Sections 19 and 20 of the Act require employers to identify workplace hazards, to complete a risk assessment in relation to those

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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