LETTER | Intoxication a workplace misconduct

LETTER | Of late, accidents associated with drunken drivers are often highlighted in the media and numerous calls are made for a hefty punishment on the offenders. 

The consumption of liquor is an individual’s personal business. 

However, the Muslims are prohibited from consuming intoxicating liquors where if convicted, will be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding two years or to both as in section 19(1) of the Syariah Criminal Offences (Federal Territories) Act 1997. 

At the workplace, the employer has a legitimate concern when the use or abuse of alcohol interferes with the employee’s ability to perform his or her duties. 

Besides affecting the proper performance of duties, intoxication has been found to contribute to workplace accidents and absenteeism. 

Alcohol impairment at work can put the drinker and others at risk of injury, particularly where the employee is required to perform safety-sensitive duties such as driving vehicles, using heavy equipment, working around explosives or weaponry, or performing patient care activities. 

In some cases, alcohol consumption may lead to an increased likelihood of violent or aggressive behaviour and thus, presenting a danger to co-workers and other persons. 

It is the employer’s duty to ensure safety, health and welfare of its employees. Likewise, an employee is responsible for his own safety and health as well as the safety and health of others at the workplace. 

Hence, intoxication, consuming or possessing alcoholic beverages in the company’s premises while on duty, is workplace misconduct and if convicted, may lead to termination of service. 

However, in deciding on the punishment, the employer ought to take specific circumstances of the case such as a safety or critical position held by the employee which necessitated the strict application of the rule against being intoxicated at work. 

The punishment meted out against the employee has to be proportionate with the nature and gravity of the misconducts committed.

The writer is a professor at International Islamic University Malaysia