Can an Employer Accuse You of Being on Drugs or Intoxicated by Alcohol?

Can an employer accuse you of being on drugs and alcohol? Staff who use drugs and alcohol cause safety risks and endanger co-workers. Whether they use the substances during work hours or after is not the issue. If a worker is using drugs or consuming alcohol, acting fast and taking action to reduce these instances could save lives. Drug and alcohol use can pose significant issues and risks to the staff, clients, the general public, and the workplace.

A hazardous site is not the type of work environment you would want to have as a business. Staff who use drugs and alcohol could endanger  others. Furthermore, there are financial expenses associated with drug use and alcohol consumption issues. That being said, many employers and employees now ask: Can an employer accuse you of being on drugs? Or, if you suspect a worker is using drugs or alcohol, what action can you take? When can you conduct an alcohol or drug test? These questions involve various steps and solutions.

Can an employer accuse you of being on drugs or alcohol?

An accusation of misbehaviour in the workplace can significantly impact both staff and the company and asking the question, can an employer accuse you of being on drugs or alcohol? For the company, it can be hard to determine the most suitable course of action when dealing with drugs and alcohol in the workplace. In some cases, companies could decide to terminate employment instantly. However, immediate termination is not always proper or lawful, and there should always be room for second chances. Are you accusing someone or being accused of being on drugs or alcohol at work? The best way to avoid a complicated confrontation is to take a breath alcohol test to understand the situation. You can rely on breath tests from devices like the workplace breathalyser from Breathalysers Australia to determine whether there is alcohol present. Moreover, these devices are accurate and can remove all forms of suspicion.


Can an employer accuse you of being on drugs or alcohol? – Testing Requirements

Before a company can conduct workplace drug and alcohol testing, it must establish a clear workplace testing policy. The company and staff must formally agree to the workplace testing policy upon employment. Clearly outlining and creating an easily understood drug and alcohol workplace testing policy is essential. The policy should include all terms, conditions, and testing procedures. Here are some examples of what the policy should state:

  • Reasons for performing the tests
  • Type of testing method
  • The types of substances detected
  • And the repercussions for failing or refusing a drug test. 

Can an employer accuse you of being on drugs? Yes, that is why most companies have established a workplace testing policy. It helps companies identify staff who use drugs or alcohol at work. Additionally, pre-employment testing can also act as a deterrent. Alcohol and drug screening during pre-employment can help determine whether the aspiring applicant has a history of drug use. Offering a job to an individual with a history of drug use can negatively affect workplace safety. If the testing policy is unclear or not formally accepted by the employee, they have a right to refuse an alcohol or drug test. Therefore, an applicant must formally agree to the company terms before an employer can provide tests. Typically, an alcohol or drug test is done by:

Workplace alcohol and drug testing

Aside from preventing workplace accidents, workplace drug and alcohol testing can also discourage staff from using drugs or alcohol. Additionally, a drug and alcohol workplace testing policy must proactively address health and safety concerns. Furthermore, workers can also develop safe practices and habits through educational or awareness programs in and outside the workplace. The staff may take a healthier approach if they know the company cares about their health and safety. Can an employer accuse you of being on drugs or alcohol and give tests immediately? To help stop alcohol use, companies could use the workplace breathalysers from Breathalysers Australia to monitor their staff constantly. These alcohol testing devices are highly accurate and use the same sensors that you would find in a law enforcement officer’s breathalysers. Upon signing the workplace agreement, employees can give the employer consent to perform constant workplace tests.


Can an employer accuse you of being on drugs or alcohol? Use BACtrack for alcohol testing.

Can an employer accuse you of being on drugs or alcohol and what can I do to stay safe? Knowing your blood alcohol content level before driving or working is possible, thanks to the availability of modern breathalysers. The BACtrack alcohol testers are excellent monitoring tools to keep you and your coworkers safe. Moreover, many individuals find personal and workplace breathalysers beneficial for avoiding accidents and legal charges. Moreover, you can use personal devices to ensure you are safe and are ready for workplace alcohol tests. Breathalysers Australia has a wide range of BACtrack devices that suit different situations (either for workplace or self testing). 

With a personal breathalyser, you, as an employee, can also access quick and accurate BAC level readings. These devices provide an excellent one-button operation for quick and easy use. Furthermore, they can measure the breath sample and display the results within 10 to 15 seconds. You can select from a variety of keychains, smartphones, or professional series breathalysers. Lastly, Breathalysers Australia offers robust BAC testing, highly accurate results, reliability, portability, and convenience with each alcohol breath test. When you know your exact BAC level, you would no longer be constantly asking: “Can an employer accuse you of being on drugs or alcohol?”

How to deal with work issues

Can an employer accuse you of being on drugs and what can you do legally? If your employer accuses you of being on drugs, you must request to see their records and evidence on you. Cross-checking the company’s records helps you understand if the company did a proper investigation. Legal advisers typically tell companies to make criminal accusations against staff only after thoroughly investigating the issue. Management should observe the behaviour of the worker in question. More witnesses and observers will help. In addition, management should document any observations they have done. Companies would typically document strange behaviours like: 

  • Changes in speech patterns
  • Strange odours
  • Blown or red eyes
  • Unstable behaviour, 
  • lack of focus
  • Drowsiness

When workplace issues and accusations arise, it is vital to ensure that you have thoroughly investigated and have followed strict processes to handle any claims of workplace misconduct. Can an employer accuse you of being on drugs or alcohol? Yes, they can accuse you of serious offences. However, the company can only do so only after a valid workplace test. Employers would typically use a device such as a BACtrack workplace breathalyser from Breathalysers Australia or if necessary, a urine or saliva test kit to check for usage. These breath testers and test kits are certified, so you can be confident that there will be no false-positive results.