Healthy behaviours support policy

Overview

We are committed to supporting the health and wellbeing of our employees. We have a legal duty to maintain a healthy and safe working environment.

We recognise that unhealthy behaviours may:

  • affect the individuals and others associated with them
  • have social causes and implications, some of which may be related to work
  • be a result of work or external pressures

Our policy covers:

  • how we will support individuals to improve their healthy behaviours
  • the steps that we will take if an employee’s behaviours are affecting their ability to perform their duties

This policy refers to the following behaviours:

  • smoking, including reduction of harm to others caused by passive smoking
  • substance use, including the use of illegal drugs and the inappropriate use of legal substances, such as:
    • alcohol
    • prescription
    • over the counter medications
  • unhealthy diet, which can lead to malnutrition, overweight and obesity
  • harmful gambling

Principles

We expect employees to report for work fit and to remain fit to perform their duties. Where this is not possible linked to clinical needs associated with the behaviours listed above, we will:

  • act reasonably and sympathetically
  • regard a dependency as a treatable illness or disorder
  • take an objective and non-judgemental approach
  • encourage employees to seek advice and assistance
  • intervene where unhealthy behaviours:
    • affect work performance
    • affect the safe and efficient conduct of duties
    • may cause damage to council property
  • keep information confidential unless we have safeguarding concerns or need to act to protect the safety of any employee

To encourage healthy behaviours in the workplace, we will:

  • ensure employees understand and comply with the policy and their responsibilities, in line with the code of conduct policy
  • provide information about recognising behaviours and where to seek help
  • offer advice, either internally or from a specialised agency. This may include integrated lifestyle, treatment or counselling services
  • provide LCC employees with direct eligibility for our commissioned integrated lifestyle service
  • monitor changes in:
    • work performance
    • attendance
    • sickness
    • accident patterns
  • talk to an employee when work performance is being affected. The employee may be accompanied by a colleague or union representative
  • refer employees for assistance when appropriate
  • support employees who are receiving treatment, in line with our employee support policy and leave and time off policy (specifically relating to consistency with time off to attend medical and health related appointments)
  • allow reasonable paid time off for treatment, provided the employee fully co-operates. Employees must provide proof of appointments to their manager
  • enforce a smoke-free policy, in line with the Health Act (2006). This is applicable to all employees, agency workers, elected members, contractors and visitors attending our premises. Smoking and vaping will be prohibited in:
    • all county council owned and controlled buildings and grounds (premises)
    • premises hired out to third parties, for example, meeting places and training facilities,
    • all county council owned and hired vehicles
    • private vehicles being used on county council business where passengers are being carried. Where we rent a building this policy will apply to all county council employees working there. Where a rented building is shared, we will request that the policy is adopted by other organisations. Additionally, employees may not smoke or vape within the home of a service user
  • this policy does not apply to domestic premises, therefore employees who work from home (and smoke or vape) are outside the scope of this policy. However, where such home working involves meeting others at the employee's home, the smoker or vaper is asked to ensure that a smoke free area is available. For example, if the employee receives visitors there should be an area within the employees' house which is smoke or vape free. Employees may not smoke or vape whilst on council business at other domestic premises, for example, when visiting a client
  • this policy applies indoors for county council owned premises used temporarily by employees as their ‘home’ whilst on or off duty, for example ‘fire service pods' or residential homes. All pods will be smoke free at all times, with an area in the garden or grounds identified for smoking and vaping. Only employees residing in these properties would be permitted to use an identified smoking and vaping area, and only while in residence
  • this policy does not apply to county council owned premises used by adults as their 'home', whilst receiving treatment or care from services provided or commissioned by us. Local arrangements on smoking will apply and be documented in their own local policy
  • this policy will apply to all county council owned premises used by children and young people 18 years and under. For example, nurseries, schools and residential care. It is illegal for a person under the age of 18 to purchase tobacco products and electronic cigarettes, therefore smoking and vaping within all council premises used by children is prohibited. Employees will need to move off site to smoke or vape
  • charging of e-cig devices on council premises is strictly prohibited
  • display no smoking signage in county council buildings, grounds and vehicles
  • consider latest public health advice when commissioning provision of food and drink outlets and vending machines on county council premises
  • review and update the policy, in line with new legislative requirements and relevant public health advice

We expect employees to:

  • act in accordance with this policy
  • be fit for work when performing their duties
  • be aware of their responsibilities under the Health and Safety at Work Act 1974
  • act in line with the code of conduct policy
  • not collude with or cover up for colleagues
  • be aware of the health and safety implications of being under the influence of alcohol, drugs or other substances. This includes the dangers they impose on:
    • themselves
    • colleagues
    • service users
    • members of the public
  • agree to undertake drug and, or alcohol testing if it is required for them to be able to undertake their job role
  • we encourage all employees to maximise their own health and wellbeing. We support them in this through our employment health and wellbeing offer. This includes an expectation that employees will consider healthier behaviours, including:
    • maintaining a healthy weight (recognising that there are a range of other factors which may influence someone’s ability to achieve and maintain a healthy weight, such as the environment, health conditions and associated medication)
    • responsible gambling
    • responsible consumption of alcohol
    • abstinence from illegal drugs
  • stopping smoking where they are aware this may have a detrimental impact on their ability to do their job
  • refrain from using corporate IT equipment for online gambling and visiting gambling establishments or whilst under the influence of alcohol or drugs, in line with our ICT acceptable use policy
  • refrain from consuming alcohol or illegal drugs during core hours
  • encourage colleagues to seek help if they experience addiction problems or wish to improve their lifestyle. They should not try to cover up or collude with colleagues to do so
  • read and follow the advice supplied with any medication. Seek medical advice where appropriate, informing their manager should this risk impact on their ability to do their job
  • refrain from smoking and, or vaping on all county council premises and in vehicles when on county council business
  • inform their visitors that smoking and, or vaping is prohibited on all county council premises
  • refrain from smoking and, or vaping during working hours or when recognisable as an employee
  • report concerns or violations of this policy to their manager

Managing issues

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 issue linked to unhealthy behaviour(s).

Managers may:

  • contact emergency services if they think that someone is in immediate danger
  • provide alternative duties or remove the employee from occupational duties
  • meet with the employee to discuss concerns
  • refer the employee to occupational health for a medical assessment
  • refer the employee to the screening company for immediate same-day testing
  • escalate to human resources for further advice if they believe a crime has been committed or to safeguard vulnerable adults and children, in line with other relevant policies
  • conduct a written risk assessment of the impact on the employee, colleagues, customers and organisation
  • signpost or refer employees to relevant self-help and support services

Management referrals and signposting

If a manager believes an employee might have a drug or alcohol 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 the person has a problem. They must give the employee the opportunity to admit to any problem. Strict confidentiality must be maintained. Meetings should be clearly documented
  • 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 substance use
    • an alcohol or drug screening procedure (if required)
  • if needed, the employee will be offered further advice and counselling. They will be 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 is ongoing. If appropriate, the manager will obtain further advice from occupational health

If a manager suspects harmful gambling, they should:

  • meet with the employee to discuss concerns, avoiding judgement and maintaining confidentiality. Meetings should be clearly documented
  • make reasonable adjustments, such as:
    • restricted access to organisational funds
    • restricted access to certain websites
    • changes to mobile working or location. This will reduce opportunities to gamble or avoid triggers to relapse
    • utilise payroll arrangements to support the employee to limit financial losses and allow reasonable time off to attend appointments
  • signpost employees to relevant self-help and support services (see below for list of support services available)

If an employee wishes to address their weight or smoking status, then immediate support should be given. The manager should:

  • discuss how the behaviour is impacting on their work and life and what help the employee requires
  • signpost the employee to:

In all cases, managers may allow reasonable paid time off to attend appointments with professional and, or clinical organisations which support people to address issues relating to:

  • smoking
  • drugs and alcohol
  • gambling
  • weight

The following services are in scope of those which employees may access as part of this support:

  • One You Lincolnshire (smoking and tier 2 weight management)
  • Lincolnshire Recovery Partnership (drug and alcohol treatment services)
  • GamCare East Midlands or the NHS East Midlands Gambling Harms Service (gambling related harm)

Any time off to attend appointments must be allowed having first referenced the ‘dental, medical and hospital appointments’ section of the leave and time off policy.

Referral and testing (for substance use)

Pre-employment medical

Managers will use the corporate risk assessment template to determine the need to include alcohol and drug screening in the pre-employment medical examination.

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.

Further information is available in G1.2 of the G1 health and safety policy.

In-service testing

We do not currently carry out unannounced random testing for alcohol and drugs.

Reasonable cause testing or testing following a medical referral

Testing will be carried out by a specialist organisation who will advise on the most appropriate testing method. This may include, but not limited to:

  • urine
  • saliva
  • hair
  • blood tests

The employee will be advised of the process. They will subsequently be required to give written consent. Refusal may lead to disciplinary action being taken.

The manager and occupational health will be informed of the results.

We may expect an employee to agree to random testing in circumstances where they have tested positive. Assurance is required by the council that they remain free of alcohol or drugs whilst at work.

Screening on appointment or transfer will usually be urine analysis. This test includes substances that our current occupational health provider screens for. Details will be provided to the employee before any testing is carried out.

Testing by third party organisations

Testing may be required by third party organisations. It is expected that employees will agree to testing if it is required to enable them to carry out their duties. For example, to attend third party sites.

Refusing to undertake a test may be a conduct issue.

Other referrals to treatment and support

Employees voluntarily seeking assistance

Request 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.

Medical referral and monitoring

Managers may consider a referral to occupational health as part of supporting the employee. For further details, see the occupational health section on Sharepoint.

Sometimes, during a normal medical referral procedure, our medical adviser may suspect that an employee has a substance use 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 about treatment. Managers can find an example of an agreement on Lincs2Learn (Policies Resources for Managers).

Unacceptable performance levels

The employee may need to be temporarily moved to another role if their normal work is safety critical.

Unhealthy behaviours are not grounds for dismissal unless performance levels are unacceptable. Such cases must be dealt with under the disciplinary policy or capability policy. Any unacceptable behaviour or performance level will be subject to appropriate action. Such circumstances may include:

  • unacceptable behaviour at work whilst under the influence of drugs or alcohol
  • circumstances where non-negative testing prevents someone from being able to undertake their job role. For example, attending a contractors site
  • 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 an alcohol or drug rehabilitation programme. Any current disciplinary procedures associated with alcohol or substance use 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
  • use of corporate equipment or core hours for gambling
  • smoking and, or vaping on LCC premises, outside of designated smoking areas, non-compliance with the smoke-free policy

Additional guidance

This policy has been written taking account of the following guidance: