What is this document?
INDG91 is the HSE's guide for employers on dealing with drug misuse at work. Developed in partnership with the Home Office, Department of Health, and other organisations, it helps employers understand the risks of drug misuse and take appropriate action.
Drug misuse can be a serious problem not only for the person misusing drugs but also for the business and their co-workers. This guidance provides a practical framework for addressing drug-related issues while treating affected employees fairly.
Who needs to read this?
- Employers and business owners of all sizes
- HR managers and personnel staff dealing with employee issues
- Managers and supervisors who may need to identify or address problems
- Health and safety professionals concerned about impairment risks
- Occupational health practitioners supporting employees
- Small and medium-sized enterprises without specialist HR support
- Those managing safety-critical work where impairment could cause harm
Key points covered
The HSE guidance addresses:
- Legal responsibilities of employers regarding drugs at work
- Recognising drug misuse and its effects
- Health and safety risks from impairment at work
- Developing a drugs policy for your organisation
- Safety-critical work and when to take extra precautions
- Supporting employees with drug problems
- Fair treatment and avoiding unfair dismissal
- Confidentiality and respecting employee privacy
How this applies to you
Employers have a legal duty to protect employees' health, safety, and welfare. This includes managing the risks that arise if employees are impaired by drugs.
Understand your legal position
Key legal points to consider:
- Possession of some drugs is illegal, and you could be breaking the law if you knowingly allow drug-related activities in your workplace and fail to act
- Drug and alcohol dependence are recognised medical conditions, and affected employees have rights to confidentiality and support
- Dismissing someone for drug misuse without trying to help them may be found unfair by an employment tribunal
- You still have a duty to protect other employees and the public from safety risks
Develop a clear policy
A good drugs policy should cover:
- Your organisation's position on drug misuse
- What help is available to employees with problems
- The consequences of drug misuse at work
- How you will handle suspected or confirmed drug use
- Testing arrangements if applicable
- Confidentiality and support
Recognise the signs
Indicators that may suggest a drug problem include:
- Unexplained changes in behaviour or mood
- Decline in work performance or reliability
- Increased short-term absences
- Unexplained accidents or near-misses
- Changes in appearance or personal hygiene
However, these signs could have many causes. Avoid jumping to conclusions.
Manage safety-critical work
If an employee's normal work is safety-critical and they have a drug problem:
- You may need to temporarily move them to another role
- Consider what supervision is needed
- Ensure they are not a risk to themselves or others
- Support their recovery while managing the safety risk
Support affected employees
Treating drug dependence as a medical issue means:
- Offering access to support services
- Allowing time for treatment
- Maintaining confidentiality
- Considering reasonable adjustments
- Following fair procedures before any disciplinary action
Related Safety Clarity content
- Workplace Safety Requirements - General employer duties for health and safety
Source: This page summarises HSE guidance document INDG91. For the full official guidance, visit the HSE website.