Drug investigation/ disciplinary policy and statistics

Catherine made this Freedom of Information request to East Dunbartonshire Council

The request was partially successful.

From: Catherine

5 March 2010

Dear East Dunbartonshire Council,

I would like to make a Freedom of Information Request for the
following:

1. Does the council have a drug testing policy? If so, does it
apply to both employees and elected officials?

2. What is the council’s disciplinary policy with regards to
allegations of drug use, misuse or dependency?

3. How many staff have been disciplined for allegations of drug
use, misuse or dependency in the past five years, broken down by
month?

4. How many of these cases resulted in dismissal, and how many in
suspension?

5. Has the council any evidence of drug use in any council
premises? If so, which ones?

6. Is the council conducting any current investigations into
allegations of drug use/ misuse/ chemical dependency? If so, how
many? How many involve employees and how many involve elected
officials?

Kind regards,

Catherine

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East Dunbartonshire Council

5 March 2010

Thank you for you Freedom of Information request.

This is an automated response. Your message has been received by East
Dunbartonshire Council.

Your request will be dealt with promptly and a full response will be issued
within 20 working days.

Should you not receive a response within this period, or you have any other
queries about your request please contact: [East Dunbartonshire Council request email] or 0141
775 4571.

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East Dunbartonshire Council Web Site http://www.eastdunbarton.gov.uk

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East Dunbartonshire Council

11 March 2010

Dear Catherine

I refer to your recent Freedom of Information Request and respond as
follows:

Does the council have a drug testing policy? If so, does it apply to both
employees and elected officials?

The above is currently being developed under our Wellbeing at Work policy
to establish a protocol for testing. This will apply to employees only.

What is the council?s disciplinary policy with regards to allegations of
drug use, misuse or dependency?

The Employee Code of Conduction section in our Discipline at Work Policy &
Procedures states:

Gross Misconduct
Gross misconduct is seen as misconduct serious enough to invalidate the
contract between the employer and employee therefore justifying summary
dismissal action being taken. The following list provides some examples but
is by no means an exhaustive list:
Consumption of alcohol or drugs whilst at work
Incapacity as a result of alcohol or drugs

In response to questions 3, 4, 5, and 6, I confirm that the Council holds
the information which you have requested. However, in view of the small
number of employees concerned, it would be possible to identify the
individual employees from the information which you have requested.
Accordingly, the Council refuses to disclose the information to you, in
terms of Section 38(1) and (2) of the Freedom of Information (Scotland) Act
2002, as it is personal data as defined in the Data Protection Act 1998,
and its disclosure would contravene the data protection principles set out
in the Data Protection Act.

If you are dissatisfied with the Council's response to your information
request, you are entitled, under Section 20 of the Freedom of Information
(Scotland) Act 2002, to require the Council to carry out a review of its
response. If you wish to exercise this right, please let me know in
writing or by e mail within 40 working days of your receipt of this
response, and I shall arrange for the review to be carried out by a senior
Council officer unconnected with the original response to your request.
Please note that you will not be entitled to refer this matter to the
Scottish Information Commissioner unless you have first required the
Council to carry out such a review.

Alison Calder
HR Assistant to Ann Davie
Head of Customer Relations & Organisational Development
0141 578 8025

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East Dunbartonshire Council Web Site http://www.eastdunbarton.gov.uk

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