Policy overview
We have a legal duty to maintain a healthy and safe working environment.
We are committed to assisting and supporting employees who may be experiencing problems with substance misuse.
Alcohol and drug abuse is not just an individual problem. It is also a social problem with social causes and implications, some of which may be related to work.
Such problems may be the result of work or external pressures.
Principles
We expect employees to report for work fit and to remain fit to perform their duties.
We will:
- act reasonably and sympathetically
- regard the dependency as a treatable illness or disorder
- take an objective and non-judgemental approach
- encourage employees to seek voluntary advice and assistance
- intervene where misuse affects work performance or the safe and efficient conduct of duties
We will ensure that all practicable measures are introduced to prevent substance misuse in the workplace. We will:
- offer advice, identify and, where possible, arrange assistance. This may be either internally or from a specialised agency. It may include treatment or counselling services.
- refer employees for assistance when appropriate
- support employees who are receiving treatment
- be alert to possible abuse problems. We will monitor changes in work performance, attendance, sickness and accident patterns
- provide information to enable employees to:
- recognise a problem, and
- seek help to overcome it
- ensure employees understand the policy and their responsibilities
- promote and maintain safe systems of work
- give reasonable paid time off for treatment, provided the employee fully co-operates. Employees must provide proof of appointments to their manager
- talk to an employee when work performance is being affected. The employee may be accompanied by a:
- work colleague
- trade union representative
- official employed by a trade union
Employees will:
- be aware of their responsibilities under the Health and Safety at Work Act 1974
- be aware and familiar with the relevant policies and procedures
- be aware of the health and safety implications of being under the influence of alcohol, drugs or other substances. This includes the dangers they pose to themselves, colleagues, service users and members of the public
- urge and encourage colleagues to seek help if they have problems from substance misuse. Employees must not cover up for or collude with colleagues
- use alcohol responsibly and not use illegal drugs
Recognising there is an issue
Pre-employment medical
We may include alcohol and drug screening in the pre-employment medical examination. This will be carried out through the use of appropriate sampling procedures. Managers will determine the need for this screening using the corporate risk assessment template.
Further information is available in G1.2 of the health and safety manual. An example risk assessment is available on Lincs2Learn.
It is a condition of employment to have this medical. If the results show alcohol or drug misuse, we will withdraw any conditional offer of employment.
Reasonable cause
Managers will intervene if an employee is in an unfit condition when on council premises or business. This means not being capable of working in a safe or productive manner because of an alcohol or drug problem. Managers may:
- remove the employee from operational duties
- meet with the employee to discuss concerns
- refer the employee to Occupational Health for a medical assessment. If required, this can include an alcohol or drug screening procedure.
- refer the employee to the screening company for immediate same-day testing
The manager will determine the need for screening based on risk. The employee will be asked to complete a consent form and provide a sample. Refusal may lead to disciplinary action being taken.
In-service testing
We do not carry out unannounced random testing for alcohol and drugs. We may, however, wish to introduce such procedures in the future following appropriate consultation.
Recognising employees with an alcohol or drug problem
The earlier alcohol and drug problems are identified, the greater the success of any intervention offered. These factors could indicate an employee has an alcohol or drug problem:
- absenteeism, including:
- unauthorised absences
- increased amounts of sick leave
- lateness
- leaving early
- frequent visits to the cloakroom
- increasing incidences of accidents in and out of work
- low-performance standards - unreliability, impaired concentration, memory and judgement
- interpersonal problems - irritability, paranoia, erratic behaviour
- great physical incapacity, including
- lack of concern for personal appearance or hygiene
- flushed face
- hand tremors
- runny nose
- dilated or constricted pupils
- smell of alcohol
Referrals and testing
Referrals can be made by:
- employees voluntarily seeking assistance through their line manager
- management referral
- medical referral or monitoring
Employees voluntarily seeking assistance
Requests for leave or time off will be approved by the line manager if:
- an employee is already undergoing treatment, or
- receiving assistance from an external organisation
Management referral
As soon as a manager believes an employee might have a misuse problem, the following procedure must be followed:
- the manager meets with the employee to discuss their observations and views. The manager should avoid any judgement as to whether or not the person has a problem. They must give the employee the opportunity to admit to any problem. Strict confidentiality must be maintained.
- the manager refers the employee to Occupational Health for assessment and further discussion with regard to:
- the circumstances that have led to the suspicion of misuse
- an alcohol or drug screening procedure (if required)
- if needed, the employee will be offered further advice and counselling and referred for specialist treatment. Should the employee refuse the offer of further assistance, disciplinary action may be considered.
- The line manager and employee will have further update meetings whilst treatment for substance misuse is ongoing. If appropriate, the manager will obtain further advice from Occupational Health.
Medical referral and monitoring
Sometimes, during a normal medical referral procedure, our medical adviser may suspect that an employee has a misuse problem. The employee will, in the first instance, be encouraged to voluntarily seek help.
While maintaining strict medical confidentiality, Occupational Health must make management aware of any risks to health and safety.
Voluntary rehabilitation agreement
Employees may be required to complete a drug or alcohol rehabilitation agreement. This agreement sets out the expectations of the employee with regard to treatment. An example of an agreement can be found on Lincs2Learn.
Unacceptable performance levels
Substance misuse is not grounds for dismissal unless performance levels are unacceptable. Such cases must be dealt with under either the Disciplinary or Capability Policy.
Such circumstances might include:
- unacceptable behaviour at work whilst under the influence of drugs or alcohol
- unacceptable attendance records, with the employee refusing any support or treatment
- failure to undertake an alcohol or drug screening test
- failure to follow the treatment programme, maintain abstinence and achieve regular attendance on any rehabilitation programme. Any current disciplinary procedures associated with alcohol or substance misuse may be suspended whilst treatment is ongoing.
If an employee refuses help or drops out of a treatment programme, this will not be automatic grounds for dismissal. Any unacceptable behaviour or level of performance will be subject to appropriate action.
Testing arrangements
Reasonable cause testing or testing following a medical referral
There are several methods and types of testing which can be used for both alcohol and drug screening. These include urine, saliva, hair and blood tests.
Testing will be carried out by a specialist organisation who will advise on the most appropriate test.
The employee will be required to give their written consent for the test. Employees will be advised of the process for obtaining samples prior to giving their consent.
The manager and Occupational Health will be informed of the results of the test.
Screening on appointment or transfer
The method for this screening will be urine analysis.
Support
NHS Drug and Alcohol Services
- Drug and alcohol services on the NHS website.
- General advice on reducing alcohol consumption at NHS Choices
- Advice on drugs
We are With You (previously Addaction)
National helpline – telephone 0800 304 7021
Website: www.wearewithyou.org.uk
Local offices
Lincoln – telephone 01522 305518
Grantham – telephone 01476 512950
Boston – telephone 01205 319920