guide for employees
people policies
Alcohol and
Substance Misuse
Policy
Employee Guide
People Policies Alcohol and Substance Misuse Policy Employee Guide
Contents
Policy
Purpose of the policy
3
Employee’s responsibilities
3
Manager’s responsibilities
4
Trade union representative’s role
4
Definitions
Substance
6
Misuse of Drugs Act 1971
6
Managing Performance and Disciplinary Matters
6
Smokefree exemptions
6
Process
7
Additional guidance and support
8
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People Policies Alcohol and Substance Misuse Policy Employee Guide
Policy
Purpose of the policy
Employee’s responsibilities
The council aims to actively promote wellbeing and good health of its employees
and has a zero tolerance to alcohol and
substance abuse particularly regarding
its quality of service provided to the
community, safety in the work-place
and the impact on other colleagues. It
also supports employees to maintain
good health through providing health
information and support to quit
smoking. It promotes a smoke-free work
environment in-line with recent guidance
and legislation.
●● To check whether any drug(s) you are taking as
prescribed by a medical practitioner or otherwise
may affect your performance, conduct and/
or attendance. If you are unsure, seek medical
advice from your GP or Occupational Health
for advice on fitness for work or inform your
manager, who can support you with reasonable
adjustments where necessary.
●● To be responsible for your own safety and the
safety of others at work. You must be able to
carry out your work competently and with due
regard for the safety of members of the public,
your colleagues and yourself.
●● To attend work without being adversely affected
by alcohol or other substances.
This policy provides a framework for employees to
seek support and where appropriate, treatment,
for an alcohol or substance misuse problem. It also
provides a framework for managers to support
an employee in addressing such a problem and
where required, to appropriately manage any
unsatisfactory conduct, performance or attendance
where alcohol or substance abuse is a contributing
factor.
All council employees are responsible for delivering
a high quality of service to the community, which
depends upon timely attendance and effective
performance at work. This may be compromised
if alcohol or substances have been misused or
consumed.
The council is required to provide safe places and
safe systems of work. It also requires employees to
be responsible for their own safety and the safety
of others. All employees must be able to carry out
their work competently and with due regard for the
safety of members of the public, their colleagues
and themselves.
This policy applies to all employees of the council,
including contractors, agency/casual workers. The
smoke free provisions are extended to members of
the public where they are on council premises.
●● To seek support from your GP,
Occupational
Health, the Employee Assistance Programme
or other health professional if your work
performance, conduct, attendance or the
council’s reputation is adversely affected by your
alcohol consumption or substance use.
●● Where your work performance or the council’s
reputation is adversely affected by your alcohol
consumption or substance use and you do
not seek or accept support, you may be liable
for action under the Supporting Attendance,
Improving Performance, or Disciplinary policy, as
appropriate.
●● If you are suspected or convicted of criminal
activity related to a controlled substance, or of
behaviour whether in or out of work, relating
to abuse of alcohol or a controlled substance
(and/or where your behaviour adversely affects
relationships with other employees or with
contacts that you make while doing your job, or
the council’s reputation and/or public confidence)
the Code of Conduct for Employees will apply
and may result in disciplinary action up to and
including dismissal.
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People Policies Alcohol and Substance Misuse Policy Employee Guide
Manager’s responsibilities
●● If you have concerns about the health and safety
of the public or colleagues due to the alcohol or
substance use of another colleague, it is your
responsibility to inform your line manager or a
senior manager in the strictest confidence so
that they can take steps to address the situation.
(If the care of vulnerable people or responsibility
for assets is at stake, you may consider using
the Whistleblowing policy, in which case you
must also inform your line manager or a senior
manager.)
●● The council has a duty of care for its employees
and line managers are responsible for ensuring
this by the application of this policy.
●● Managers should, with support from the Health
and Safety team, identify jobs which are subject
to a zero tolerance policy for the consumption
of alcohol or other substances prior to attending
work, and notify the employee (and trade unions)
where their job is concerned. Such conditions
must be recorded by the manager in a risk
register.
●● To remain smoke free during your contractual
working hours. The council will support you to be
smoke free through allowing you time to attend
stop smoking support sessions and provide
access to any new work based initiatives that
support smokers to quit.
●● In the event that a manager becomes aware or
suspects an employee is under the influence of
alcohol at work they must take steps to protect
the employee, colleagues and/or members of
the public by preventing the employee from
continuing working in an unfit state. Assistance
should be sought from HR, H&S and a trade
union representative if available.
●● You can request a temporary dispensation from
your Service Manager if there are regulatory
reasons that prevent you leaving the premises to
have an unpaid smoking break.
●● To not use an electronic cigarette in an attempt
●● In the event that an employee is suspended from
to quit smoking whilst inside any building
or enclosed space as their safety with the
ignition device and vapour is still unknown. The
Medicines and Healthcare products Regulatory
Agency (MHRA), are due to regulate these
products by 2016. Alternative nicotine containing
products are available for use whilst at work.
work as a result of suspected intoxication a full
investigation will need to take place.
●● To bring this policy to your attention (and
where appropriate also bring it to the attention
of visitors, contractors, agency/casual staff,
volunteers and other members of the public).
●● To familiarise themselves with the policy, its
●● You have the right to ask a service user that
provisions, and requirements and the sources
of support available for dealing with alcohol or
substance misuse, or smoking.
the area to be worked in is kept free from
tobacco smoke for at least 1 hour prior to your
attendance, if you are required to work where
second-hand smoke is likely to be present.
●● To have a conversation with you when a problem
linked to alcohol or substance misuse affecting
your work is identified to determine what
support is appropriate.
●● To keep all council work vehicles smoke free,
i.e. free from cigarette smoking and use of
e-cigarettes. If you are using your own vehicle to
transport colleagues or service users, you are not
permitted to smoke.
●● To support you with a referral
to Occupational
Health and allow time off to attend
appointments as appropriate as well as providing
support to improving your performance.
●● To seek advice from Occupational Health on how
to support you with overcoming any problem
with alcohol or substances and direct you to
the various resources available to address your
problem.
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People Policies Alcohol and Substance Misuse Policy Employee Guide
Trade union representative’s role
●● To be alert to the suspected warning signs of
alcohol misuse and, if necessary, seek advice
and support from Occupational Health or an
appropriate specialist support group, and must
ensure that appropriate opportunity and support
to seek help is given to you.
●● Provide support and advice to members.
●● Work with managers, HR Advisors and staff to
ensure the policy is adhered to.
●● To assure you that if you disclose an alcohol
misuse problem, you know that your decision
to do so is valued and that the information you
supply will be treated in strict confidence, and
you will be treated fairly.
●● To report to the police, either directly or
via Internal Audit, instances of suspected
drug misuse or where they have reasonable
knowledge of the possession of, supply of
or other criminal activity around controlled
substances taking place on the premises for
which they have responsibility
●● The manager is responsible for the application of
this policy in their work area.
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People Policies Alcohol and Substance Misuse Policy Employee Guide
Definitions
Where your performance, conduct and/or
attendance is affected by your misuse of drugs
or alcohol, you may present such misuse as
mitigating evidence within any disciplinary or
other formal investigative process into your
behaviour.
Substance
●● Medication which may affect an individual’s
performance, conduct and/or attendance.
●● A controlled substance where possession,
supply, or other activity involving the substance
may be a criminal act (eg cannabis).
●●
Managers will consider such mitigation, including
consideration of whether you have accepted
support and complied with any arrangements for
a programme of support.
A substance which may not fall into either of
the categories above but which may adversely
affect an individual’s performance, conduct
and/or attendance (eg solvents).
Where you do not acknowledge the existence
of an apparent problem or withhold relevant
information, the manager will assess the case on
the basis of the other available information in
making a decision.
Note: a substance may fall into more than one
of the categories above (eg morphine). Refer to
Occupational Health for further guidance.
Management may decide to adjourn an
investigation or hearing so that you can attend a
programme of support. This will require your (or
your proxy’s) express agreement.
Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 states that a
person commits an offence if, being the occupier
or concerned in the management of any
premises, they knowingly permit or suffer any
of the following activities to take place on those
premises:
Smoking is not permitted on council premises
and allegations of a breach of this rule may lead
to disciplinary action being taken against the
offender.
Smokefree exemptions
●● Being in possession of a classified substance
●● Being in possession with intent to supply
Employees living in residential accommodation
related to their employment with the council
are exempt from this policy whilst in their own
personal living space, but are expected to comply
with it when occupying communal areas that are
shared by other residents. The council supports
the ‘Smokefree Homes’ campaign that encourages
all residents in Bristol to maintain a smoke free
home in order to protect children and older people
from the harmful effects of second-hand smoke.
●● Supplying or offering to supply a controlled
substance
●● Allowing premises you occupy to be used
unlawfully for the purposes of producing or
supplying controlled substances
Managing performance and
disciplinary matters
Possession, supply of or other criminal
involvement with controlled substances by you
will be considered in relation to the council’s
Disciplinary policy.
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People Policies Alcohol and Substance Misuse Policy Employee Guide
Process
- Employees requesting support
1 You can ask your manager to refer you to
Occupational Health for support and/or access
to specialist treatment/support.
2 Managers have a responsibility once they are
made aware of the problem, to ensure that
an offer of a referral for support is made in
appropriate cases and that attempts are made
to address work-related issues such as poor
performance.
3 In exceptional circumstances, you may attend
an occupational health appointment without
referral from a manager however you will need
a referral from a trade union representative
or HR. They will ensure that the manager is
notified in confidence that you are attending
Occupational Health.
4 The council, through Occupational Health,
can arrange for the provision of a programme
of support, which may include confidential
counselling and assistance.
5 If you accept a programme of support, you will
have any necessary time off for this purpose.
It will be treated as sickness absence and you
will receive the normal pay and benefits for
sickness absence. Certification, as for sickness
absence, will be needed from you. Your
attendance at a programme of support will be
monitored.
6 If you do not reasonably sustain commitment
to any arrangement made for a programme of
support, such as attending for counselling, the
council is not obliged to continue to support
such an arrangement or to offer further
opportunity or support whether or not formal
procedures are being applied.
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People Policies Alcohol and Substance Misuse Policy Employee Guide
Additional guidance and support
This policy provides you with an overview of the purpose of the policy and the roles and
responsibilities of those for whom it is intended. It also provides guidance in the Process
section on the application of the policy. There are other documents which provide more
detail and helpful guidance that should be read in conjunction with the policy and these
are listed below.
Additional guidance
Employee Assistance Programme
Telephone number 0800 840 6844
Smokefree guidance
Recovery Orientated Alcohol and Drugs Service
(ROADS)
Associated policies
Alcohol and Substance misuse policy – Manager
Guide
8
Author and owner: Human Resources
Contact: hr.advicecentre@bristol.gov.uk
0117 35 21400
Date adopted: 03 November 2014
The audience of this document is made aware that a physical copy may not be the latest available version.
The latest version, which supersedes all previous versions, is available on The Source.
Those to whom this policy applies are responsible for familiarising themselves periodically with the latest version
and for complying with policy requirements at all times.
History of most recent policy changes – must be completed
Version
Date
V.1.00
24 July 2014
Change
Re-formatted policy
9
Design by Bristol Design, Bristol City Council. (BD5833-1)