PART 1
(OPEN TO THE PUBLIC)
ITEM NO. 4
REPORT OF THE LEAD MEMBER FOR
STRATEGIC DIRECTOR FOR CUSTOMER AND SUPPORT SERVICES
TO The Customer and Support Services Lead Member Briefing
ON 26th March 2007
TITLE: HR Policy – Substance Misuse in the Workplace
RECOMMENDATION:
That the new policy be approved
EXECUTIVE SUMMARY:
This policy has been developed to deal appropriately with instances of substance
misuse at work by employees as well as providing sources of information and guidance
to employees who may need assistance to deal with substance misuse issues.
BACKGROUND DOCUMENTS:
(Available for public inspection)
Documents and other research information provided by the council’s Drug and Alcohol
Action Team and information available through the Chartered Institute of Personnel and
Development,
ASSESSMENT OF RISK: Low
SOURCE OF FUNDING: Not Applicable
LEGAL ADVICE OBTAINED:
Not Applicable
FINANCIAL ADVICE OBTAINED:
CONTACT OFFICER:
TEL. Ext 3275
Not Applicable
Jean Carter, Principal HR Adviser
WARD (S) TO WHICH REPORT RELATE (S): All
KEY COUNCIL POLICIES: Equality and Diversity, Health, Social Exclusion
DETAILS:
Background
Substance misuse, particularly drug and alcohol misuse, is a serious problem in society
today. The availability of alcohol and illegal drugs can lead to experimental, recreational
and dependent use which may affect an individual’s ability to do their job effectively. It is
also important that the council attracts retain and develops a healthy workforce. It is
therefore important that steps are taken to inform staff about issues relating to
substance misuse.
The council’s Substance Misuse at Work Policy
In order to address the issues referred to above, the attached policy has been
developed in collaboration with colleagues across the HR Division, with particular input
from the Occupational Health Department. The council’s Drug and Alcohol Action Team
(DAAT) has also contributed significantly to the development of this document. Draft
letters for managers and guidance notes for managers are being prepared in
consultation with the DAAT and will be incorporated into the appendices of the
document once finalised.
The proposed implementation date for the policy is 1st April 2007.
The policy has a number of aims:
To protect the health and welfare of employees
To ensure all employees understand the dangers and harmful effects of substance
misuse
To ensure all employees are aware of their responsibilities regarding substance misuse
at work
To ensure that problems are identified and dealt with at the earliest stage possible and
To ensure support and assistance is offered to those having a substance misuse
problem which affects their work.
Consultation
The trade unions have been sent a copy of the draft policy and asked for their views by
Wednesday 21st March 2007 as part of the consultation process. John Torpey, from the
GMB has stated that he does not have any comments. No response has yet been
received from John Lewis, from UNISON.
This policy will supersede the existing Drug and Alcohol in the Workplace policy.
Training
A Briefing session has been arranged for the HR department, which will include
contributions from the DAAT. The main purpose of the session will be to raise
awareness of issues relating to substance misuse, introduce the policy and provide
specific information and advice to HR staff to advise managers on addressing
sensitively substance misuse issues with members of their staff. The DAAT is also
creating an e-learning training package. Training will also be available for managers
within directorates.
Monitoring
The policy will be monitored and reviewed annually.
FINAL DRAFT
Substance Misuse at Work Policy
Contents
Page
Scope and responsibility...................................................................................1
Definition...........................................................................................................1
Statement of intent............................................................................................1
Health education, training.................................................................................3
Access to support services for self-referral.......................................................3
Rules.................................................................................................................3
General procedures..........................................................................................4
Procedures for dealing with employees whose work
performance/conduct has become affected by their
substance misuse.............................................................................................4
Relapses...........................................................................................................8
Withdrawal programmes...................................................................................9
Confidentiality...................................................................................................9
Conclusion........................................................................................................9
Monitoring and review......................................................................................9
Appendix 1: Services in Salford......................................................................10
Appendix 2: Services in Surrounding Areas...................................................12
Appendix 3: Non Statutory Services across Greater Manchester
- Head Office details.......................................................................................14
Appendix 4: Seeking Information and Education............................................15
Appendix 5: Identification of a Substance Misuse Problem............................16
Appendix 6: Relevant Legislation...................................................................18
Appendix 7: Guidance Notes for Managers – To follow
Appendix 8: Draft letters for Managers – To follow
Appendix 9: Flow chart – Key stages in process
1.
Scope and responsibility





The policy applies to all Salford City Council staff, except school
based staff.
Different procedures may apply to employees in some specific work
areas and/or occupations, which override this policy and may
include a total ban on alcohol consumption. Please consult your
manager for further information.
This policy has been developed in conjunction with employees, their
representatives and all interested parties.
All staff are responsible for adhering to the policy and reporting
breaches of the policy.
Managers at all levels are responsible for administering and
monitoring the policy.
2.
Definition
2.1
For the purposes of this policy “substance” is defined as "alcohol,
prescription and/or illegal drugs, solvents and other substances which
harm or have the potential to harm the individual (both physically and
mentally)"
2.2
For the purposes of this policy “substance misuse” is defined as :
"Behaviours resulting from the misuse of alcohol, prescription and/or
illegal drugs, solvents and other substances which harm or have the
potential to harm the individual (both physically and mentally) and
through the individual's actions, other people and/or the environment."
This policy is not intended to cover occasions where an employee is
unable to perform their duties satisfactorily as a result of an incident of
substance misuse. The normal response of a manager in these cases
is to refer to the Disciplinary Procedure and proceed accordingly,
ensuring that records are kept.
3.
Statement of intent
3.1
The Council recognises that employees may experience problems
resulting from the use of substances at points in their lives and will
support them to achieve a resolution to the problem.
3.2
It must be emphasized, however, that the existence of the Policy does
not override the existing Disciplinary Procedure, workplace rules of
Code of Conduct with regard to intoxication and taking of substances at
work, or substance related offences whilst off duty.
3.3
The aim of this Policy is to promote the development and maintenance
of a healthy and safe working environment by reducing the possible
occurrence of problems associated with the habitual, excessive and/or
inappropriate use of substances.
3.4
This Policy is designed to encourage and support employees with a
substance misuse related problem to seek assistance and guarantees
that they will be treated with the utmost confidentiality from all the
relevant support agencies available.
3.5
The Policy comprises three major components:


Health education, training and information.
Access to support services by self-referral.
Procedures for dealing with staff whose work performance and/or
conduct has become affected by their misuse of substances.
3.6
The council is concerned that the use of substances by any of its
employees should not adversely affect their health and personal life
with consequential effects on their attendance and work performance.
3.7
The Policy has the following aims:





to protect the health and welfare of employees;
to ensure all employees understand the dangers and harmful
effects of substance misuse;
to ensure all employees are aware of their responsibilities regarding
substance misuse at work;
to ensure problems are identified and dealt with appropriately at the
earliest stage possible; and
to ensure support and assistance is offered to those having an
alcohol, drug or other substance misuse problem which affects their
work performance.
3.8
The misuse of substances has an operational impact. Impaired
performance resulting from substance misuse results in diminished
service to members of the public and poses serious health and safety
risks to the employee concerned and their colleagues.
3.9
Nothing in this policy and procedures or their application shall be
construed so as to prevent or inhibit the operation of the law. Any
instances of possession of or dealing in illicit drugs work will be
reported to the police.
4.
Health education, training and information
4.1
This Policy aims to:




alert employees to the problems or dangers associated with
substance misuse;
provide support and guidance for Directors, Senior Managers, Line
Managers, Shop Stewards and Human Resources staff in ways of
handling staff who misuse substances;
direct employees and managers to services and websites to
educate employees about the hazardous effects of substance
misuse, please see Appendices 1 – 5;
make employees aware of the range of support services/referral
agencies offering counselling and practical support in overcoming
problems resulting from substance misuse.
ensure that specific awareness training is provided for HR staff.
5.
Access to support services for self-referral
5.1
Employees who are concerned about the possibility of their misuse of
substances are encouraged to identify support services appropriate to
their needs at the time, please see Appendices 1 – 5.
5.2
In order to encourage and support self-referral, the council will:

Provide for paid time off where necessary to employees receiving
appropriate treatment/help, in accordance with the National and
Local Conditions of Service, provided that there is full co-operation
from the employee, and that they abide by the requirements of a
supervised treatment programme;
In cases where absence from work is necessary, an employee will
be entitled to claim sick pay under the sickness scheme, providing
they are complying with the provision of the scheme.
6.
Rules
6.1
No employee will report for work if they are unfit to perform their duties
satisfactorily as a result of taking alcohol, drugs – including prescribed
drugs – or other substances. This could constitute gross misconduct
under the Disciplinary Procedure. Please see Section 8.3.
6.2
No employee is allowed to possess, consume, sell or give away illicit
substances whilst at work. This could constitute gross misconduct
under the Disciplinary Procedure. Please see Section 8.3.
7.
General procedures
7.1
Employees in certain roles such as those with a duty of care to service
users or acting in loco parentis (e.g. teachers, social workers etc) or
those who are operating machinery, driving who are found to be unfit to
perform their duties satisfactorily as a result of taking substances may
be liable for dismissal, depending on the circumstances.
7.2
All employees should be assured that advice, assistance and
encouragement will be offered to anyone who is identified as possibly
having a substance misuse problem that may adversely affect their
work.
7.3
Employees may request help voluntarily, through peers or
management and may bring a trained full time official, a trained shop
steward, or another employee of the council to discussions for support.
7.4
The employee will be advised of the consequences if help is refused or
relapse occurs.
8.
Procedures for dealing with employees whose work
performance/conduct has become affected by their
misuse of alcohol, drugs or other substances
8.1
Initial Considerations
The earlier a substance misuse related problem is identified, the easier
it is to respond and address. Managers have a key role to play in the
early identification of a problem and they should not rely on colleagues
or supervisors perceiving a substance misuse problem. The
Occupational Health Department has an important role to play in
providing support and assistance. They are able to refer employees to
relevant treatment services commissioned by the Drug and Alcohol
Action Team and seek their advice. However, employees who are
identified as possibly being affected by substance misuse, whether by
observation, poor/diminished performance or conduct, via a
Disciplinary Procedure, Capability Procedure or Attendance
Management Procedure, or by their own admission, will be given the
following assistance and support:a) Discussions will initially take place with the employee and their
Manager, following advice from Human Resources. The employee
should also be given the right of representation by a Trade Union
Official, a trained shop steward, or another employee of the council.
The focus of the meeting should be to make appropriate enquiries
into the relevant issues and circumstances. It may or may not be
possible to make a clear determination about the nature of the
employee's problem. However, factors affecting work performance
and the desire to help and guide the employee to treatment should
be stated, as appropriate.
b) The possible course of action to be taken will depend on whether a
problem is identified and whether or not the employee accepts
he/she has a problem.
Managers should refer to Appendix 5 of this document to identify key
signs of substance misuse.
It should be stressed that the indicators detailed in Appendix 5 may not
necessarily point to a substance misuse problem. Nevertheless, there
are adverse consequences for the individual and the organization in
failing to recognise a problem at an early stage. In any event the signs
of substance misuse may be reinforced by either deterioration in
performance, i.e. capability, or an employee's conduct at work.
8.2
Procedures
(a) Initial Meeting
If it is suspected that an employee's lack of capability or their
misconduct at work is linked to substance misuse, the following
procedures should be followed:

The manager should convene a meeting with the employee and
notify the employee of the date, time and location, giving the
employee reasonable notice and time to prepare. A representative
from Human Resources may attend the meeting. The employee
should be given the right of representation by a full time trade union
official, a trained shop steward, or another employee of the council.
A detailed record should be made of all meetings
During this meeting the manager should;
 Seek to establish whether or not the employee’s performance or
behavioural change is as a consequence of substance misuse.
 Where possible, determine if there is an underlying cause which
has triggered this misuse. Substance misuse is often triggered
by life changes, which may be due to physical or mental health,
difficulties in the workplace or home. Advice may need to be
sought from the Occupational Health Department.
Guidance notes to prepare for the meeting and questioning techniques
are attached at Appendix 7
(b) Outcomes:Where an employee accepts that they have a substance misuse
problem:
the employee will be referred to the Occupational Health
Department for counselling and medical advice; the case will
normally be dealt with through appropriate medical referral
arrangements, the outcome of which will depend on the cooperation of the individual concerned and the effectiveness of
any treatment. The outcome of the meeting will be confirmed in
writing. Please see Appendix 8A for draft letter.

Where the Occupational Health Department considers that the
employee has a substance misuse problem, then the employee
may be referred for treatment to a specialist support agencies.

Attendance at counselling sessions with the appropriate support
agency will be permitted during working hours if the employee is
considered fit enough to remain in work.

Alternatively, in the event that the employee is absent due to
sickness, attendance at counselling sessions will be negotiated
between the support agency and the employee concerned.

Where an employee who is absent due to sickness is referred
and complies with specialist treatment, the Occupational Health
Department will advise the employee's manager on the
employee's suitability to return to work at an appropriate stage.
Employees who comply with the requirements of the programme
will return to their original position when fit to do so without any
detriment. Any period of absence will be managed in line with
the Attendance Management Policy and pay will be reduced in
line with the occupational sickness scheme.

If, following the treatment programme, the employee is still
unable to fulfill the tasks denoted in his/her job description and
should the Occupational Health Department support the course
of action, the manager will then discuss the possibility of
redeployment with the employee. The employee will then be
managed in line with the Redeployment Procedure.

If, however, there are no suitable alternative posts available
within the council, then it will be necessary to issue the
employee with 12 weeks notice in accordance with the
Redeployment Policy and throughout this period of notice
suitable alternative posts will continue to be sought. It may be
appropriate to discuss with the employee the option of
retirement on the grounds of ill health if the associated sickness
has reached a position which may normally be considered for
such action or consider the matter in accordance with the
Capability Procedure depending on the circumstances of each
case. Should the employee be absent from work throughout this
process or be experiencing high levels of absence it may also be
necessary to manage them in line with the Attendance
Management Procedure.

If at any point during the above procedure the employee fails to
comply with the treatment programme, consideration will be
given to whether disciplinary action would be appropriate.
Where the employee denies that they have a substance misuse
problem:
the factors affecting his/her work performance should be
outlined to the employee and the desire to help the individual
should be stated. The employee should also be advised to seek
assistance from their Trade Union. If following these discussions
the employee accepts a problem exists and requires assistance,
then the procedure outlined above should be initiated. This
should be handled patiently and sensitively.

If the employee continues to deny or acknowledge that he/she
has a problem with alcohol, drug or substance misuse, then
he/she should be informed of the requirement to improve his/her
work performance in line with the Capability Procedure. The
employee should also be advised of the right to be represented
by a full time Trade Union Official, a trained shop steward or
another employee of the council. The manager should give clear
guidance to the employee on the gaps in his/her work
performance and the levels of improvement required. He/she
should be told that their performance will be monitored over a
period of time in line with the Capability Procedure. If, during this
period of ongoing counselling and monitoring, his/her work
performance has not improved, then this may lead to dismissal.
The outcome of the meeting will be confirmed in writing. Please
see Appendix 8B for draft letter.

Referral to the Occupational Health Department should also be
considered.

Where the employee is in a post where there may be immediate
health and safety concerns if they were to remain at work, the
employee should be sent home. It may be appropriate to refer
the employee to the Occupational Health Department. Medical
suspension should also be considered

Where an employee is referred for treatment and counselling
and agrees to comply with the requirements of the programme,
but this ongoing treatment has subsequently failed, Capability
and/or Attendance Management Procedures or the Disciplinary
Procedure should be used. Further advice should be sought
from Human Resources.
8.3.
Disciplinary action
a.
Assistance under this policy does not apply to anyone who, because of
substance misuse, behaves in a manner contrary to the standards of
conduct required by the council.
b.
Such behaviour will be dealt with in accordance with normal disciplinary
procedures, until subsequent investigation has taken place, which
would determine whether this route is the most appropriate.
c.
The disciplinary rules set standards of conduct at work which benefit
both the employer and the employee. These standards must be
adhered to and failures to observe them will result in the appropriate
disciplinary action being taken; an example of an act which might
constitute gross misconduct as stated in the Disciplinary Rules for
council employees is being unfit to perform duties satisfactorily as
a result of substance misuse.
d.
Gross misconduct is that which is serious enough to destroy the
employment contract and make any further working relationship
impossible. An employee suspected of committing an act of gross
misconduct will normally be suspended on full pay in accordance with
the Disciplinary Procedure. If it is decided following a thorough
investigation and subsequent hearing that an employee has committed
such an act they would normally be dismissed without notice or pay.
e.
Where this situation arises, action must be taken under the Disciplinary
Procedure. Managers must seek advice from Human Resources
before taking any action.
9.
Relapses
Following return to work, after or during treatment, should work
performance again deteriorate as a result of substance misuse, each
case will be reconsidered on its merits, and if appropriate and
reasonable, a further opportunity to accept and co-operate with
treatment will be offered. However, it must be recognised that
continued failure to comply with the requirements of treatment for
substance misuse and failure to meet operational/performance
standards previously outlined to the employee concerned may leave no
other alternative than action being taken under the Disciplinary
Procedure, Capability Procedure or Attendance Management
Procedure, as appropriate. Advice should be sought from Human
Resources.
10.
Withdrawal programs
Substance withdrawal programmes are supervised by specialist
external agencies and in some cases may involve the prescription of
substitutes, e.g. methadone. In such situations, an employee may need
to administer prescribed drug substitutes on a daily basis in order to
avoid the effects of withdrawal. Therefore, if, as part of a withdrawal
programme, employees are required to consume methadone, subutex
or other prescribed drugs, they should seek further advice from the
Occupational Health Department and must be informed that
consumption should take place at home or under a pharmacist's
supervision wherever possible.
11.
Confidentiality
All employer, Occupational Health Department, and treatment agency
discussions with employees are confidential subject to the provisions of
the law, and the confidential nature of any records of employees with a
drug or alcohol-related problem will be maintained unless there is a risk
to life, the safety of others or potential criminal activity. Employee
consent to disclosure will be sought to enable the Occupational Health
Department to contact the relevant support agency regarding
compliance with the treatment and progress made and be able to fully
disclose this information to the council.
12.
Conclusion
This Policy is integral to the council's commitment to employee welfare
and is designed to encourage employees who believe they have a
problem to seek advice and support before their alcohol, drug or
substance misuse problem affects their performance. In this respect,
employees are strongly advised to seek assistance via self referral to
one of the specialist support/treatment agencies listed in the
Appendices 1 - 5.
13.
Monitoring and review
The progress of this policy will be monitored and its effect reviewed
annually.
Appendix 1
Services in Salford
Name
Services
Tel
Address
Salford Community Drug Treatment
Service
Assessment/Induction/Specialist 0161 787 7343
/ Shared Care
1 King Street
Eccles
M30 OAE
The Haysbrook Centre
Assessment/Induction/Specialist 0161 703 8873
/ Shared Care
Haysbrook Centre
4 Haysbrook Avenue
Little Hulton
M28 OAY
STASH - Structured Day Care
Education/fitness/leisure
Employment
0161 745 9566
The Red Door
Mona Street (off
Gloucester Street)
Pendleton
Salford
M6 6WY
Progress to work
Employment support
0161 237 5500
CPG House
Cobden Street
Pendleton
Salford
Parents and Carers Support Group
Group based support for the
families of people with drug
0161 743 0167
Salford Opportunities
Centre
problems
Salford Alcohol Services:
Community Alcohol Treatment
Service
Paddington Close
Churchill Way
Salford
M6 5PL
0161 745 7227
6 Acton Square
The Crescent
Salford
M5 4NY
Appendix 2
Services in Surrounding Areas
Name of Organisation
Telephone
Address
Oldham Substance Misuse Service
Local
Authority
Area
Oldham
0161 624 9595
Trafford Community Drug Team
Trafford
0161 624 9595
Trafford Alcohol Service
Trafford
0161 747 1841
Wigan Substance Misuse Service
Wigan
01942 826880
Bolton Substance Misuse Service
Bolton
01204 397129
Bury Substance Misuse Service
Bury
0161 253 6488
111 Union Street
Oldham
OL1 1RU
1-3 Ashton Lane
Sale
M33 6WT
Cornhill Clinic
Cornhill Road
Davyhulme
Manchester
M41 5SZ
3 Meeks Building
Bretherton Row
Wigan
WN1 1LL
26 Higher Bridge Street
Bolton
BL1 2HA
4 Tenterton Street
Bury
Community Drugs Team
Stockport
0161 419 4441
Community Alcohol Team
Stockport
0161 474 0558
Rochdale Community Drugs Team
Rochdale
01706 702170
Alcohol Information Centre
Rochdale
01706 860033
Manchester Drug Service
Manchester
0161 273 4040
0161 773 9121
Manchester Community Alcohol Service
Manchester
0161 223 9641
Substance Misuse Service
Tameside
0161 339 4141
BL9 0EG
St Thomas Hospital
59b Shaw Heath
Stockport
SK3 8BL
South Reddish Clinic
Sandy Lane
Reddish
Stockport
SK5 7QU
13 St Chads Court
Rochdale
OL16 1QU
132 Drake Street
Rochdale
OL16 1PN
The Bridge
104 Fairfield Street
Manchester
M1 2WR
1 Campion Walk
Beswick
Manchester
M11 3RS
Lees Street Clinic
Lees Street
Ashton-under-Lyne
OL6 8NU
Appendix 3
Non Statutory services across Greater Manchester – head office details
Name
Salford Service
Tel
Address
Lifeline
Yes, SMART Young
People’s service
0161 834
7160
101-103 Oldham Street
Manchester
M4 1LW
Turning Point
Yes, housing support,
workplace support in
development
0161 245
3379
Murray House
China Lane
Manchester
M1 2AY
Alcohol & Drugs Service
No
0161 834
9777
87 Oldham Street
Manchester
M4 1LW
Manchester Action on Street Health
No
0161 953
4107
Units 89-91
23 New Mount Street
Manchester
M4 4DE
For services outside of Greater Manchester visit the ‘getting help’ section of www.talktofrank.co.uk or contact the local
Drug and Alcohol Action Team (up to date contact details are available from www.drugs.gov.uk ).
Appendix 4
Seeking information and education
The following web sites provide information regarding drugs, alcohol , advice and
training:
Salford Drug and Alcohol Action Team – www.daatis.info
drugs.gov – www.drugs.gov.uk
Government website providing official government information and guidelines
Drugscope – www.drugscope.org.uk
National Drugs Charity
FRANK www.talktofrank.co.uk
National drugs information helpline for young people, parents and carers
HIT www.hit.org.uk
Training provider and publications
Lifeline - www.lifeline.org.uk
Service Provider and publications
National Treatment Agency (NTA) www.nta.nhs.uk
The National Treatment Agency for substance misuse, provides funding for
treatment and monitors quality of service
Advice is available via the Salford Drug and Alcohol Helpline which is 0161 909 6525
To arrange free Drug and/or Alcohol training for managers and employees contact
the DAAT on 0161 603 4171
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Appendix 5
Identification of substance misuse problem
The problems resulting from alcohol, drug or substance misuse may possibly be
manifested by the following signs:a) Alcohol Misuse
(i)
Frequent lateness or short-term absenteeism, particularly
related to Mondays and Fridays.
(ii)
Obvious smell of drink over a period of time or during
working hours.
(iii)
Mood changes, irritability, lethargy.
(iv)
Deterioration in relationships with colleagues, borrowing
money, personal problems within the home.
(v)
Excessive and regular lunchtime drinking.
(vi)
Signs of intoxication, e.g. flushed face, slurred speech,
bleary eyes, unsteady gait, hand tremors.
(vii)
Poor personal hygiene.
(viii)
Accident prone.
(ix)
Decline in work performance and concentration, and
productivity.
The above signs may, or course, indicate that other problems exist, but the
possibility of an alcohol problem should always be borne in mind.
b) Drug Misuse
It must be borne in mind that employees may either be misusing prescribed
medication or abusing unlawful drugs/substances.
The most commonly used drugs/substances in the United Kingdom are:(i)
Cannabis: Cannabis is the most commonly used drug
among 11 to 25 year olds. Cannabis is found in many
forms – resin, dark oil, or leaves. It can be rolled in a
spliff/joint and smoked or cooked and eaten in food. It
creates a feeling of relaxation; it may make users talkative
and bring on cravings for food.
(ii)
Amphetamines: This is the second most widely used drug
in the UK. In the long-term, users may experience
exhaustion, inability to concentrate and paranoia. It is
estimated that 24%of those aged under 18 may have
experimented with amphetamines
(iii)
Heroin: Heroin is a brownish-white powder which is
smoked, snorted, or dissolved and injected. Small doses
give the user a sense of warmth and well being, larger
doses can make them feel drowsy and relaxed.
(iv)
Cocaine: Cocaine as a drug stimulates the central nervous
system. Short-term effects include a marked increase in
energy, alertness and a feeling of well being, which leads
to exhaustion and an inability to concentrate. Prolonged
misuse leads to anxiety, memory loss and paranoia.
D:\219513156.doc
(v)
(vi)
(vii)
Crack: Crack is a solid form of Cocaine powder, it comes in
raisin sized crystals which are smoked, It has the same
effects as cocaine, but a more intense and shorter high.
Hallucinogens: i.e. drugs that alter mood and perception,
e.g. LSD, Ecstasy.
Solvents, i.e. substances that alter perception and mood,
e.g. glue, lighter fuel, thinners.
It is difficult to generalise on the best means of identifying drug misuse in the
workplace as each drug has a very different effect. Possible signals and side-effects
to look out for are:i)
accident prone;
ii)
confusion and possible hallucinations;
iii)
unbalanced emotions, mood swings;
iv)
injecting can cause infection leading to sores,
abscesses, jaundice or blood poisoning;
v)
sudden changes in behaviour patterns;
vi)
unexpected irritability or aggression;
vii)
poor time-keeping;
viii)
drowsiness, sleeplessness, lethargy and/or
exhaustion "Monday morning feeling";
ix)
unusual smells, stains or marks on the body or
clothes;
x)
in possession of unusual powders, tablets, capsules,
scorched tinfoil, needles or syringes;
xi)
in possession of unusual powders, tablets, capsules,
scorched tinfoil, needles or syringes;
xii)
borrowing money from colleagues.
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Appendix 6
Relevant Legislation
The following Acts of Parliament and legal procedures influence the use of drugs and
alcohol in the workplace and the action employers should and may take.
The Health & Safety at Work Act 1974
The Data Protection Act 1998
The Railways and Transport Safety Act 2003
The Transport and Works Act 1992
Management of health and Safety at Work Regulations 1992
Provision and Use of Work Equipment Regulations 1998
Corporate Manslaughter
Negligence
The Employment Rights Act 1996
The Human Rights Act 1998
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Action programme for dealing with substance misuse
Key Stages
Problem identified
Initial approach - causes discussed
with employee
Believe substance
misuse a cause?
No
Yes
No
Does employee
accept substance
misuse a problem?
No
Right to representation if desired in line
with the policy.
Exit Substance Misuse Policy and
consider taking action under the
attendance management / capability /
disciplinary procedure where appropriate.
Yes
No
Seek advice from Occupational Health
Department / other agencies as required
Occupational Health department believe
substance misuse the cause?
Yes
No
Employee complies
with treatment?
Yes
No
N
Yes
No
Monitor under capability /
attendance management /
disciplinary procedure as
appropriate and consider
taking action under the
attendance management /
capability / disciplinary
procedure where appropriate
Performance acceptable?
Fit to return to job
after treatment?
Yes
Apply redeployment or
Attendance Management
Policies or consider for ill
health retirement.
Routine monitoring
Routine monitoring
No
Further action dependant on policy being applied.
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Yes
No
No
o
Performance acceptable?
No
Exit Substance Misuse Policy and
consider taking action under the
attendance management /
capability / disciplinary procedure
where appropriate
Routine monitoring
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