1. Purpose
In this policy Coast Medic sets out the principles for managing issues around the misuse of drugs, alcohol, smoking and other substances in order to ensure a fair, reasonable and consistent approach.
Employees have a contractual obligation to report to work free of alcohol, drugs or other substances. Employee’s behaviour which falls short of acceptable standards in this respect will be referred to the disciplinary process; or where mitigating circumstances apply a supportive environment will be provided in line with the procedure in this policy.
The policy aims to:
- Set out the rules regarding the use of intoxicating substances and ensure employees are aware of the likely consequences to their employment if misusing them.
- Create a climate that encourages employees who may be misusing substances to come forward, seek help and accept treatment.
- Provide a framework to enable instances of misuse to be handled in an appropriate, confidential and consistent manner.
- Promote a healthy and safe working environment.
This policy covers habitual alcohol or substance misuse where the employee is dependent on the effects of the substance, to the extent that the drinking or drug taking becomes a dominant concern in their lives and to the detriment to others. In this instance appropriate support will be offered in line with this policy and applied with dignity and respect. It is the employee’s responsibility to comply with rehabilitation recommendations or the Disciplinary Policy and Procedure will be invoked.
The policy excludes indulgence in alcohol or substance misuse which affects health and safety in the workplace where there is not an underlying dependency. In this instance the Disciplinary Policy and Procedure will be invoked. Inappropriate use of alcohol or substances may be regarded as gross misconduct.
The organisation has a duty of care under the Health & Safety at Work Act 1974 to ensure, as far as is reasonably practicable, the health, safety and welfare of its employees and others. Employees also have a duty to co-operate with and implement their employer’s policies in this respect so there is shared ownership of health and safety. The organisation recognises that health and safety may be put at risk by employees who misuse alcohol, drugs or other substances to such an extent that their health, work performance, conduct and working relationships are adversely affected. A zero tolerance approach will therefore be taken with regards to abuse relating to this policy.
It is an offence under the Misuse of Drugs Act 1971 for an employer to allow its premises to be used for the production, supply or possession of controlled drugs and reasonable action to prevent this should be taken. The organisation also has a legal duty to ensure that its workplace is smoke free; therefore, smoking is banned on the organisations grounds and premises.
2. Scope
The policy applies to all employees of the organisation and any other person(s) who may be working for or on behalf of Coast Medic either as employed or a self-employed basis.
3. Equality Statement
In applying this policy, the organisation will have due regard for the need to eliminate unlawful discrimination, promote equality of opportunity, and provide for good relations between people of diverse groups, in particular on the grounds of the following characteristics protected by the Equality Act (2010) & (2021); age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, and sexual orientation, in addition to offending background, trade union membership, or any other personal characteristic.
4. Accountability
The Company Directors are accountable for this policy.
5. Implementation & Monitoring
The Board of Trustees/Directors are responsible for formal approval and monitoring compliance with this policy. Following ratification, the policy will be made available for all staff at induction and annual appraisals.
6. Responsibilities
Good working relations are vital for the company to operate successfully and provide services. There is a joint responsibility for management and employees to accept the responsibility of working together on issues in good faith and with the shared intention of facilitating good working relations.
Employees
It is the responsibility of employees to ensure that they:
- report for work and remain in a condition to perform their duties free from the effects of alcohol, drugs or any other substance, whether on organisation premises or external locations.
- inform their line manager or another appropriate manager if they have an alcohol or substance misuse problem.
- co-operate with any support and assistance provided by the organisation to address an alcohol or substance misuse problem.
- inform an appropriate company director if they know or strongly suspect that another employee is under the influence of alcohol or drugs at work.
- encourage colleagues to take personal responsibility should they have an alcohol, drug or substance misuse problem.
- to comply with relevant codes of conduct including professional codes of conduct.
Employer’s Responsibility
It is the responsibility of the employer to ensure that they:
- make sure employees understand the policy and are aware of the rules and consequences regarding the use of alcohol, drugs and other substances.
- provide advice to employees in relation to their roles and responsibilities under this policy.
- are alert to any changes in behaviour which may indicate alcohol, drug and/or substance misuse and to monitor performance, attendance and sickness absence (See Appendix 1 – Signs of Alcohol/Drugs/Substance Misuse).
- promote an open and honest culture where employees feel able to take personal responsibility for their own health and safety in relation to alcohol, drug and/or substance misuse and support others to do so.
- encourage employees to seek help voluntarily.
- provide support to employees who are being rehabilitated supporting an individual with a problem and enabling them to continue to carry out their role.
- identify and refer disciplinary matters connected to the misuse of alcohol, drugs, substance misuse and smoking as appropriate.
7. Principles
Alcohol, Drugs & Substance Misuse
It is prohibited for employees to report to work while unfit because of alcohol, drug and/or substance misuse. This includes heavy consumption the night before work, employees should be aware of the time it takes for alcohol to leave their system. If an employee finds they are unfit for duty due to unforeseen exceptional circumstances they should contact the company by phone to discuss the options at the earliest opportunity.
Where an employee is under the influence of alcohol, drug and/or substance misuse, and, in the opinion of the company (using Appendix 1 as a guideline), is not fit to be at work, the employee will be instructed not to attend work until fit to do so. Employees will be considered unfit for work if they attend work smelling of alcohol. Employees must not consume alcohol or substances at any time whilst at work regardless of location, including during breaks (i.e. lunch). These instances will be investigated by company directors and disciplinary action may be taken.
Employees must not bring alcoholic drinks on the premises for consumption. The organisation actively discourages the purchase of alcohol as gifts for colleagues and endorses non-alcoholic alternatives as gifts. Any alcohol brought onto organisation premises as gifts for colleagues should be stored responsibly, i.e. out of sight.
The organisation prohibits the possession, transfer, sale or use of alcohol, unauthorised drugs, or illegal substances on its premises. Any employee found to be in possession of an illegal substance will be suspended from duty and a full investigation will be carried out by a company director. Under the Misuse of Drugs Act 1971, the organisation has a duty to deal with such issues and all drug related issues will be reported to the police when required and could lead to criminal proceedings.
Employees must not drive whilst under the influence of any intoxicating substance. This includes driving to/from work and during work time. It should be noted that some prescribed medication will also affect an individual’s ability to drive safely, it is the employee’s responsibility to seek advice from their GP if required and to inform the company director(s).
If a colleague has reasonable grounds to suspect an employee has an alcohol, drug and/or substance misuse problem that affects the health and safety of any employee or the employee’s performance, they should inform the employee’s manager. There will be no repercussions on the individual raising concerns. Employees who attempt to cover up in a work situation for a colleague who puts themselves, others or the reputation of the organisation at significant risk will leave themselves open to disciplinary action.
Prescribed Medicines
It should be recognised that both prescribed and over-the-counter medicines may cause impairment to an employee’s performance at work. Employees should seek advice from their GP or pharmacist on any medicines they are taking and not exceed the recommended dose. Employees should be encouraged to discuss any problems with a company director if they feel this would be helpful and take responsibility for ensuing they are fit to be at work. They should inform a company director of any possible side effects of their medication. For example, it could have serious impact on driving during the course of work and/or affect their work performance.
Smoking
Smoking is prohibited at work anytime in or on the organisations premises. This includes the use of electronic cigarettes. If employees are smoking on work premises action will be taken.
Employees who smoke are encouraged to seek support to quit. Information on smoking can be found at smokefree.nhs.uk or call 0800 848484 – 24 hour helpline – or visit www.canstopsmoking.com
8. Procedure for Dealing with Substance Misuse Issues
Alcohol, drug and substance misuse issues are recognised as health issues which may affect an employee’s capability to carry out their duties. The company will treat all employees that have a misuse problem in an empathetic and consistent manner and every reasonable effort will be made to deal with them accordingly and make the same provisions for treatment as for any other illness, at the same time maintaining a safe environment for employees, patients and visitors. Where the employee accepts responsibility for their behaviour and agrees to seek help, the matter will be dealt with in line with this policy. Where they do not accept responsibility or do not agree to follow/sustain a rehabilitation programme, action may be taken. Please see the flow chart in appendix 2.
Dealing with a Concern
Alcohol, drug and substance misuse may come to the attention of a manager in several ways, for example directly from the employee concerned, through information supplied by a colleague, misconduct or absenteeism and/or through deterioration in work performance (please see appendix 1 for further signs). It is important that there is early intervention by appropriate senior managers when alcohol or substance abuse is suspected and it is affecting an individual’s work performance.
Report via the Coast Medic incident reporting process or as per Whistleblowing policy.
Any employee arriving or returning to work who is suspected of having consumed alcohol at or before work, or being under the effects of drugs or substances should be removed from duty immediately. The employee should not drive in line with the Road Traffic Act 1988 and should make alternative arrangements to get home safely.
Once aware of a suspected problem, a company director should meet with the employee at the earliest opportunity to raise the concerns and establish if there is an underlying alcohol or substance misuse problem. They should also establish if there are any other issues affecting their performance or conduct. If the employee admits to having a misuse problem a referral will be made under occupational health and the misuse will be dealt with as a health condition. If the employee does not accept that they have an alcohol, drug and/or substance misuse problem action may be taken.
Treatment Programme
Where a misuse problem is identified the company reserve the right to safeguard the employee to an appropriate agency/GP to follow a treatment programme. This may include counselling, in-patient detox and rehabilitation followed by extended outpatient therapy and or self help groups and medication. Reasonable time off for rehabilitation or counselling should also be discussed and regular contact made. The employee must take responsibility for following the treatment programme.
If any treatment programme is discontinued or there is repeat misconduct by the employee where treatment suggested by GP has not been accepted or followed; disciplinary action will be taken, which could result in a formal warning up to and including dismissal.
Where misuse is not eliminated or controlled sufficiently to allow resumption of normal working arrangements within a reasonable period of time or, if appropriate, using the appropriate support services, and no suitable alternative employment can be found, the matter will be dealt with as an issue of capability on ill health grounds or, if appropriate, discipline.
Following successful treatment, the employee should be supported as much as possible back into the workplace. Continued awareness from a company director will be required in case of a relapse and continued support should be provided. The company will be expected to monitor performance and/or absenteeism during a period of rehabilitation. The company should inform the employee of performance and/or attendance expectations and it should be emphasised appropriate policies will be followed if required.
9. Relationship to other Policies
Procedure
Due consideration will be given to whether the employee has sought treatment or help.
Managing Concerns with Performance Policy
In instances where an employee who is being managed under this policy where the effect of drugs or alcohol misuse has an impact on this performance concern. Then initially you would refer this to the Alcohol and Drugs and Substance Misuse policy for support. If following this support, there is still an ongoing issue or concern with performance. May lead to reference the company’s Clinical Supervision policy.
Health and Safety Policies
Under the Health and Safety at Work Act (1974) The company has a duty to ensure the health, safety and welfare at work of all its employees and other persons including visitors and contractors using the premises. Similarly, employees have a duty to take reasonable care for the health and safety of themselves and all other persons who may be affected by their acts or omissions at work. Health and Safety and the impact on the service must be taken into consideration where an employee is known to have a problem related to alcohol, drug and/or substance misuse which could potentially affect the way he/she works. The Workplace (Health, Safety and Welfare) Regulations requires that employers shall make suitable and sufficient assessment to the risks to the health and safety of its employees, to which they are exposed whilst at work. Where risks are foreseeable the employer has a duty to devise measures which provides a safe work place.
10. Appendix 1
Signs of Alcohol/Drugs/Substance Misuse
Signs of alcohol/substance misuse are not always obvious and may be confused with other conditions or problems. It is sensible to bear in mind the possibility of alcohol/substance misuse when the following behaviours are observed (this list is not exhaustive).
Please note that not all people with alcohol/drugs/substance misuse problems display all these behaviours. Some of these behaviours may also indicate other problems which are not associated with alcohol/drugs/substance misuse.
- Abnormal fluctuations in mood and energy, irritability, impaired concentration, lethargy
- Tendency to become confused
- Poor timekeeping
- Repeated absences for trivial or inadequate reasons
- Increase in short-term sickness absence
- Impairment of job performance
- Accident proneness, increased incidence of mistakes or errors of judgement
- Deterioration of relationships with other people
- Dishonesty and theft (arising from the need to maintain an expensive habit)
- Hand tremors, slurred speech, facial flushing, bleary eyes, poor personal care and hygiene
- Smelling of alcohol or other substances