Is My Employee Under the Influence?” What to Do When Something Feels Off — But You’re Not Sure.

"I didn't see them drinking".

"They weren't slurring their words".

"Someone told me they smelled alcohol on their breath".

"I don't want to embarrass them if I'm wrong".

"They were a bit off, but not that bad".

"It's probably just a hangover".

"I don't have proof - it's just a feeling".

Sound familiar? You're not alone. These are the quiet doubts and whispered comments that surface when someone in your team turns up... off.

In small close-knit teams, it's easy to second guess yourself. But when safety is on the line, the cost of ignoring it often outweighs the discomfort of raising it.

This article gives you a clear, calm and compliant way to act - whether the issue is alcohol, drugs, medication, or just something you can't put your finger on.

Workplace Impairment Response Plan

When you are not sure- but something's not right - here's what to do:

Step	Action	Details	What you might say
1	Notice and Note	If something seems off or is reported, write down what happened - no assumptions.	"At 7.45am on 15/5/25, Ben was swaying and had his eyes closed whilst sitting on the forklift. He appeared confused when asked a routine question".
2	Act on Safety	Remove them from duty straight away if there’s any risk. Don’t let them drive, use equipment or work with clients.	"I’ve noticed a couple of things this morning and want to check in. Can we have a quick chat?”
3	Raise it Gently	Speak in private. Let them respond. Stay factual and calm.	"I’ve noticed you’re not quite yourself today — a bit off balance, slower than usual. One of the team mentioned a smell of alcohol, and I just want to check you’re okay to work safely.”
4	Remove or Reassign	If unfit, send them home on full pay (see footnote). If unclear, try safe alternative duties or send them home on full pay. Request medical clearance. Document all steps.	“For safety reasons, I’m placing you on paid leave while we confirm you’re fit to return. Before you come back, I’ll need a medical certificate confirming you’re safe to perform your normal duties.”
5	Check Before Return	They can’t return without your approval. Require medical clearance. Meet to discuss what happened. Their fitness doesn’t excuse their conduct. Let them respond. Document everything. If the behaviour meets the threshold for serious misconduct, disciplinary action — including dismissal — may follow.	“Thanks for meeting with me. You’ve been cleared to return. But we also need to talk about what happened and how it impacted the team. You’ll have the chance to respond. We may need to take further steps.”
6	Review Gaps	Do you have a WHS, Drug & Alcohol Policy, Code of Conduct, and disciplinary procedure? If not, fix that now.	“We’re updating our policies, so everyone knows what’s expected and how we handle these situations.”

Footnote: Directing an employee to leave due to suspected impairment does not usually meet the stand-down provisions under the FWA 2009 (Cth), so unless the employee is engaging in serious misconduct, they should be paid their normal wages for the period they are directed not to work.

Just Medication or Fatigue?

That is often the case, but it still requires managing. If someone is starting a new medication or not sleeping well, their fitness for duty can still be impacted. It's not about blame. It's about managing risk with care.

Can you dismiss someone on the spot?

Yes, but only in very specific circumstances. Under Fair Work Regulations, being intoxicated at work may qualify as serious misconduct if:

• The role is safety-critical

• The behaviour poses a genuine risk

• There's clear evidence of impairment

• The conduct breaches known policies or expectations.

Even then, you must follow a fair process: Investigate; Let them respond; Consider their explanation.

Jumping straight to termination, even if you think it's obvious, can expose you to unfair dismissal claims.

Why doing nothing can do more harm

Ignoring suspected impairment can erode trust in your leadership, undermine team morale, breach your health and safety obligations and expose your business to reputational and legal risk.

Even if it's a good worker. Even if it's a one-off. How you respond sets the tone for your culture.

Final Word

Managing suspected impairment doesn't have to be dramatic but it does need to be clear, fair and consistent. With the right words, process and support, you can protect your people, meet your legal obligations and maintain the standards your business relies on.

Need confidential help applying this to a current situation? Please call me. Your team and your peace of mind will thank you.