Alcohol and drug prevention at work: what does the law say?
July 2023 - Since 1 April 2009, companies in Belgium have been required to adopt a preventive alcohol and drug policy. The aim is to empower employers and employees. But what exactly does the so-called CBA No 100 entail?
What does CBA No 100 say?
The main aim of Collective Bargaining Agreement No 100 is to prevent functioning problems caused by alcohol and drug use and to respond appropriately when they do arise. Prevention is paramount. Thus, the main intention is not to confront the employee with the use of alcohol or drugs itself, but rather with the consequences that this use may have within the work situation.
What should the employer do?
The employer is asked to define the principles and objectives of the alcohol and drug policy in his company and to concretise them in a policy or statement of intent to be included in the labour regulations.
The preventive alcohol and drug policy must be founded on four pillars.
Four pillars of preventive alcohol and drug policy
1. Information and training
The employer shall ensure that hierarchical superiors and employees are informed about the prevention policy and have received appropriate instructions. This is the only way to detect problem situations in time and react appropriately. Thus, superiors must know what the regulations are and what procedures exist. Their function obliges them to be vigilant for alcohol and drug problems and to intervene when required.
2. Drawing up rules for staff
These rules set limits to avoid functioning problems due to alcohol and drug use and therefore have an important preventive effect. It is important that these rules are laid down in the work regulations. This is part of both primary prevention (prevention) and secondary prevention (detection to avoid aggravation). The elaboration of concrete rules ensures that a functioning problem can be addressed immediately in case of possible acute or chronic abuse.
3. Procedures for addressing problematic behaviour
Here it is important that the manager pays attention to the following points:
clear, best written, determination of the employee's dysfunction;
removal of the person concerned from the workplace when he represents a danger to himself or third parties;
confronting the person concerned with the facts;
making clear agreements towards the future (planning of evaluation moments);
advising on assistance;
informing first responders of the advice given;
evaluation after the agreed period with gradual application of sanctions.
4. Emergency assistance
The employer must ensure that a framework is created in his company in which the prevention advisor-occupational physician, the prevention advisor psychosocial aspects, the nurse, the social worker and the confidential advisor can each perform their role within the policy in the best possible way.
