Alcohol & Substance Misuse Policy
Document Owner
: Health and Safety
Version
: V 2.0
Date
: November 2012
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TABLE OF CONTENTS
1.
Introduction
2.
Aims of the Policy
3.
The Policy
4.
Roles & Responsibilities
5.
Health Education
6.
Off Duty Conduct
7.
Unacceptable Behaviour
8.
Employee Responsibilities
9.
Guidance to Managers
10.
Useful links
1. Introduction
Alcohol consumption and drug taking can affect behaviour, performance and
relationships, both within work and outside. It is recognised that such issues are
very sensitive and individuals may face difficulty in coping with this aspect of their
lives. The County Council has therefore approved this alcohol & substance
misuse policy for all its employees, produced to advise you of the contents of the
policy and your responsibilities.
2. Aims of the Policy
This policy aims to offer appropriate support and guidance where possible,
resorting to sanctions only where necessary alongside the Council’s concern to
provide a safe & healthy working environment.
The specific aims are to:
• promote the health, safety & well being of employees and to minimize
problems at work arising from alcohol and/or substance abuse
• make known to employees the harmful effects of excessive consumption
of alcohol or the use of drugs
• encourage safe & sensible drinking habits
• identify employees with possible problems arising from alcohol
consumption/substance misuse at an early stage
• offer guidance and actively encourage employees with possible problems
to seek appropriate help
• offer employees known to have alcohol/substance misuse problems
affecting their work referral to an appropriate agency for assistance.
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3. The Policy
3.1
All employees are required to present themselves for work, free of any
undue influence of alcohol and/or substance misuse.
3.2
It is important to note that the Council does not have an absolute ban on
alcohol. There is therefore considerable responsibility on employees to
behave with discretion and judgement as to what may be reasonable
behaviour with regard to alcohol consumption. Employees should bear in
mind that drinking even small amounts of alcohol or misusing drugs
before, or while carrying out work that is ‘safety sensitive’ will increase the
risk of an accident.
3.3
Government guidance on sensible drinking lists the following as examples
of specific situations when the best advice is not to drink at all:-
• Before or during driving;
• Before using machinery, electrical equipment or ladders;
• Before working in the workplace when appropriate functioning would be
adversely affected by alcohol.
3.4
For the purpose of this policy, alcohol and substance misuse are defined
as follows:
-
Alcohol Misuse is defined as a level of drinking which either
persistently affects an employee’s work or affects it on a “one off” or
occasional basis.
-
Substance Misuse refers to the use of illegal drugs and the
misuse, whether deliberate or unintentional, of prescribed drugs,
and substances such as solvents.
3.5
Although the Council will seek to deal with such issues in a supportive
way, without recourse to disciplinary action, there may be circumstances
where this is not possible or appropriate. If any disciplinary action in
relation to this policy is necessary this will be dealt with under the
Council’s procedures relating to capability or disciplinary
4. Roles & Responsibilities
4.1
Managers will seek advice from senior managers and HR dealing with
cases of Alcohol & Substance Misuse. At this stage, specialist advice may
be sought from the occupational health provider or from the Suffolk Drug
Action Team.
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4.2
Individual employees have a responsibility under the Health & Safety at
Work Act to seek to ensure the success of the policy and are encouraged
to do so.
5. Health Education
5.1
In order to adopt a positive stance on the problems of alcohol/substance
misuse, special consideration will be given to this issue within the
Council’s health, safety and welfare promotions and within the overall
health and safety at work policies.
6. Off-Duty Conduct
6.1
It is recognised that employees’ off duty hours are their own concern.
However, whilst this is the case their conduct at all times must not in any
way bring the Council into disrepute.
6.2
It is also worth highlighting that an individual may be off duty when taking
drugs/alcohol but still be affected by them when they are back on duty.
6.3
An employee attending a formal work social event may be off duty but any
consideration of an incident in these circumstances needs to bear in mind
that the event has been organised under the auspices of the Council, and
as such are still representatives of the Council.
7. Unacceptable behaviour
7.1
This policy does not apply to employees who, following excessive drinking
and/or substance misuse behave in an unacceptable manner contrary to
standards of safety & conduct required by the Council. Such cases will be
dealt with in accordance with the normal disciplinary procedures.
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8. Employee Responsibilities
All employees are required to present themselves for work, free of any undue
influence of alcohol and/or substance misuse (See Section 3.1).
Employees therefore have responsibilities in relation to this:-
8.1
If you have a problem, talk to your manager or
HR and/or seek assistance
from the employee assistance programme,
HM Assist, your GP, your
trade union representative, a friend at work, or other counselling services.
Getting help as soon as possible reduces the risk of harm to your health
and to your career.
8.2
Remember that if you are charged with any criminal activity, including drug
or alcohol related, you must tell your line manager
8.3
If you have any doubt about your fitness to carry out any of your work,
including operating machinery, driving or meeting clients/members of the
public, you must tell your line manager.
8.4
If you have any doubt about whether it is advisable for you to have a drink
in particular circumstances, you should ask your manager.
8.5
Before you have a drink the night before work, think about getting to work
and doing your job.
8.6
You should be aware that although the Council will in most cases be
supportive, there will be situations when particular issues may have
disciplinary and criminal implications, such as:-
• Certain misuse or conduct related to alcohol and substance misuse may
amount to criminal conduct, such as possessing or supplying controlled drugs.
In these circumstances, disciplinary action will be taken, and consideration
given as to whether the Police need to be informed.
• Driving a vehicle while over the legal alcohol limit or under the influence of
drugs prescribed or otherwise, either at work or in the course of work, is also a
criminal offence and will be treated as a disciplinary matter, notwithstanding
any support which may be provided.
• Whilst the Council will not randomly test employees it reserves the right, where
there is evidence to suggest alcohol and substance misuse, to require an
employee to have a medical examination which may include blood or urine
test where the health and safety of the employee, co-workers or the general
public is considered at risk.
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9. Guidance to Managers
9.1
Identifying the Problem
9.1.1
Alcohol/substance misuse can result in problematic behaviour which
affects work performance, including the ability to work safely. Some
examples are illustrated below; these can also act as signs or symptoms
of a problem:
•
Patterns of absence – frequency/timing/“improbable” reasons.
•
Poor timekeeping.
•
Erratic/unacceptable behaviour.
•
Deterioration in work performance.
•
Mood swings.
•
Unkempt appearance/other changes in physical appearance.
•
Accident/injury.
•
Deterioration of working relations.
9.1.2
Obviously these are only some of the signs of a potential problem; cases
will vary significantly. Similarly, these and other symptoms may occur
but be wholly unconnected with alcohol or substance misuse.
9.1.3
It is a function and role of line management to be alert to possible
changes in their employees, in terms of attendance at work;
performance; changes in personality and behaviour. One reliable source
of further information on these issues is the Health and Safety Executive
website, where you will find leaflets and information on both alcohol and
drug misuse at work
(http://www.hse.gov.uk/pubns/hazards.htm ).
9.1.4
As a line manager you should also be aware that under the Health &
Safety at Work Act 1974, if you knowingly allow an employee under the
influence of excess alcohol or drugs to continue working and this places
the employee or others at risk, you could be prosecuted.
9.1.5
Identifying potential problems ‘earlier’ rather than ‘later’ increases the
chances of successfully resolving the matter, with less harm to an
employee’s health and career. Wherever possible managers should
encourage employees to acknowledge the situation/confide in their
manager at the earliest opportunity.
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9.2
Dealing with Incidents of Alcohol/Substance Misuse
9.2.1 Advice must be sought from th
e HR Team at the earliest opportunity.
Each case will need to be judged on an individual basis, depending on the
circumstances, including the balance between discipline and support.
Where disciplinary action is appropriate this will be under the
Council’s existing procedures for dealing with conduct and
capability issues.
9.2.2 As soon as a line manager is of the opinion that an employee is under the
influence of alcohol or drugs that might be affecting their performance, or
whose behaviour may be the result of their misuse, (s)he should carefully
monitor the situation and keep, confidential records of work performance,
attendance times etc, and all signs and symptoms of misuse. Obviously
there may be occasions when monitoring over a period of time is not
appropriate and more immediate action is necessary, such as not allowing
the employee to continue working, in particular, where there is a risk to the
employee or to other people who might be affected by the actions of that
employee.
9.2.3 The incident could be an isolated one, or a pattern/routine which may
indicate an addiction.
9.2.4 As early as possible the line manager (or other manager as applicable)
should discuss the matter with the employee in private, with another
appropriate manager present as a witness. Full notes of the meeting
must be taken as it is imperative to ensure that, in each & every case, an
audit trail is kept. The employee has a right to be
accompanied/represented by a Trade Union representative or work
colleague and must be notified as such beforehand, at the earliest
opportunity
(see appropriate disciplinary and capability procedures).
9.2.5 If the employee is “under undue influence” of alcohol and/or substance
use they should be instructed to leave the workplace until they are in a fit
state to properly discuss the situation. Care should be taken to ensure that
the individual does not drive and s(he) may need to be “escorted” by an
appropriate manager.
9.2.6 In some cases it will be necessary to refer the matter to the Council’s
Occupational Health Service for advice. If so this should be done as soon
as possible. However, viewing the matter as a health problem does not
necessarily preclude disciplinary or other managerial action and the matter
may need to be considered in the context of the Disciplinary, Capability
and/or Grievance Procedures, and the “Code of Conduct”.
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9.2.7 If an occupational health referral is made, it is possible that a decision
about disciplinary proceedings may be deferred until the medical report
has been received and considered, but this will not always be the case.
9.2.8 It should be noted that most addictions are specifically exempted under
the Equality Act: that is, they do not constitute a disability, and therefore
there is no protection from discrimination on the grounds of the addiction.
This applies to addictions to alcohol, nicotine and all other substances,
with the exception of addictions as a result of a medical intervention, for
example to prescribed drugs. Managers should bear in mind that, despite
this, there may be conditions either underlying or resulting from the
addiction, such as mental health conditions, liver conditions, etc, which will
constitute a disability. Managers should take advice in order to ensure all
necessary adjustments are made to support any protected condition.
9.2.9 Apart from considering the details of the situation, factors that need to be
taken into account when considering the above mentioned procedures
include:
•
whether the employee is in charge of machinery, vehicles etc.
•
if the employee is responsible for clients, school pupils, persons in care
or has direct contact with members of the public.
•
the impact on work performance, colleagues, use of Council resources
including computer equipment.
•
whether the individual confides to a manager / acknowledges that
(s)he has a problem and needs help, which the Council would view as
positive steps. Seeking help at an early stage may avoid the need for
management to take disciplinary or related action. (However, note
point 2.13 below about denial.)
9.2.10 These are only some examples as a particular situation will have many
factors to consider – for further advice, please refer t
o HR at the
earliest opportunity.
9.2.11 The individual may well need support and counselling depending on
the circumstances. A counselling service is available and offers an
independent confidential support and counselling service. The Council
may provide the individual with other appropriate support, which may,
for example include time off for specialist or other treatment and/or
specialist counselling. In appropriate cases of specialist treatment, all
parties would be expected to sign a “3 way contract” – employer,
employee and counselling service – to ensure that the treatment
programme is operating as agreed.
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9.2.12 Absence for treatment/rehabilitation will normally be in accordance with
the Council’s Sickness Absence Policy, but there may be occasions
when this is not clear – for further advice, please refer t
o HR.
9.2.13 For further advice and support an individual may wish to access the
Trade Union if a member.
9.2.14 There may be cases where the employee denies the existence of a
problem and/or refuses medical referral. It should be noted that denial
is often the norm and persuading the employee to move on from this
can be extremely difficult. Sensitive efforts should be made to
persuade and counsel the employee that they would seem to have a
genuine problem, which unless treated, is likely to get worse.
9.2.15 If the employee still refuses to accept the existence of a problem, this
in itself will not lead to disciplinary action, but obviously this may have
repercussions regarding how the problem is dealt with in terms of the
disciplinary or unsatisfactory work performance procedures; again a
medical or specialist assessment report should be obtained. It is a
condition of service that an employee shall, if required by the Council
at any time, submit to an examination by a medical practitioner or
specialist counselling service
.
9.2.16 In the event of relapse after treatment, each case will be considered on
its merits, taking into account medical or specialist opinion. The
opportunity for further treatment may be given but this can not be
guaranteed.
9.2.17 Ultimately, on the grounds of misconduct, or if the employee’s health is
so impaired that s(he) is unable to achieve a satisfactory standard of
work performance, there may be no alternative to dismissal.
9.2.18 It may be necessary to consider urgently whether the employee has
committed a criminal offence; appropriate advice in these instances is
available from th
e HR Team.
10. Useful Links
Contact Human Resources on:
08456 053000 xxxxxxxxxxxxxx@xxxxx.xxx
HM Assist – free confidential and anonymous service for those concerned about
alcohol or substance misuse; Telephone: 0800 141 2784 or further information is
available at the following link;
http://colin.suffolkcc.gov.uk/HumanResources/HealthyOrganisation/EAP.htm
Suffolk Helpline – a free, confidential & anonymous service for those concerned
about alcohol or substance misuse
Freephone
0808 800 1122
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National Drugs Helpline
0800 77 66 00
National Alcohol Helpline
0345 320 202
Iceni – Independent drug and alcohol service
01473 214006
Focus – Independent counselling and support
01284 701702
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