Alcohol use and impairment remain persistent safety and legal risks across ACT’s construction industry. While most employers & employees understand that intoxication and work don’t mix, many underestimate how easily alcohol can affect safety, liability, and workplace culture.
The legal position
Under the Work Health and Safety Act 2011 (ACT), every PCBU (Person Conducting a Business or Undertaking) has a duty to ensure, so far as is reasonably practicable, the health and safety of workers and others at the workplace. That includes taking active steps to manage the risk of workers being impaired by alcohol.
If a worker under the influence of alcohol causes or contributes to an incident, both the worker and the employer can face enforcement action. Penalties can include improvement or prohibition notices, prosecution, and substantial fines, particularly if the business failed to take reasonable steps to identify and control the risk.
Practical risk management
A robust approach to alcohol management should sit within your broader fit-for-work framework. In practice, this means:
Implement, educate and enforce a clear Alcohol and Other Drugs Policy that applies to all on the worksite (eg PCBUs, workers, employees, subcontractors, and visitors).
Make sure every worker clearly understands the policy and the expectation to arrive fit for work.
Equip managers/supervisors/team leaders with the knowledge to recognise signs of impairment and to act appropriately. This includes knowing how and when to remove a worker from site if there’s a safety concern.
If you conduct alcohol testing, ensure procedures are lawful, consistent, and clearly communicated. Random or targeted testing is common on large commercial sites and major infrastructure projects. A good start is having this included a policy that is acknowledged and agreed to by your employees.
Include alcohol and drug clauses in policies, and subcontractor agreements if needed, so standards are consistent across all the workers who are required to be on your site.
The “next day” risk
Sometimes incidents arise not from drinking on site, but from workers arriving the next day still under the influence. Blood alcohol levels can remain elevated well into the next morning, even after moderate consumption. Employers should make it clear that “the morning after” counts as being unfit for work, and that presenting for duty while impaired can be treated as a breach of policy and safety obligations as well.
Events and celebrations
Work-related functions and site celebrations should also be carefully managed.
If alcohol is provided:
Supporting workers
Managing alcohol in the workplace is about compliance, prevention and wellbeing.
Consider offering:
Alcohol impairment is a foreseeable risk under WHS law. Employers/PCBUs must take reasonable and proactive steps to manage it. Clear policies, consistent enforcement, and manager/supervisor/team leader training are essential. Support and education help prevent incidents and build a safer culture. Taking alcohol management seriously isn’t about policing, it’s about protecting your workers, your business, and your obligation to operate safely in the ACT construction industry.
Contact us
Our Workplace Relations and WHS Advisors can provide tailored guidance on managing alcohol and ensuring workers are fit for duty. For advice, questions, or support, call us on 02 6175 5900 or email workplace@mba.org.au
