Posted By John Taylor As regarding an employee consuming alcohol prior to attending or presenting him/herself for work. I have been informed that it is not a offence for them to do this as it was in their own time.If someone is working shifts and drinks in the morning from eleven then turns in for work at 3pm,I have been told that you can not discipline them as this was in their own time. Would it applicable to send them home in regards of sec2 sec7 of HASWA as a case for defence.

Posted By Frank Cooper John, The answer lies in what David says - You need to have in place an Alcohol (and Drugs) policy so that everyone is clear about your company rules. We cover the subject in such a policy and it also forms part of our disciplinary procedures. Such policies should also offer help to individuals who may have drink or drug problems. Have a look at the two HSE publications on the subject "Don't Mix It!" and "Drug Misuse at Work". You will find a lot of useful advice in both documents. I have people working on customers premises who operate random drink anmd drug testing! Hence a robust policy is paramount. Frank Cooper

Posted By John Webster Irrespective of whether you have a policy, if someone turns up for work unfit through drink or drugs, you are entitled to initiate disciplinary procedures. Presumably somebody must have noticed that the employee was not doing his/her job properly, or was acting in a manner prejudicial to their own or others safety or to the interests of the employer. These are matters for disciplinary action whether or not drink/drugs are involved.