PN October 07 v4 UNIVERSITY OF SALFORD Policy on approach to dealing with Alcohol, Drug and Substance Misuse 1. Introduction 1.1 The University has introduced the policy as alcohol and drug related problems are matters of health and social concern. The policy forms part of the University’s welfare and support provision to employees. 1.2 The University recognises that alcohol, drug and substance misuse can lead to social, legal and personal problems, including addiction and dependency and may significantly affect an employee’s work performance or compromise his/her own safety and others’ safety at work. The University also accepts that specialist help and treatment may be required for those employees with problems. 1.3 The University hopes that the policy will create a climate which makes it less likely that an employee will seek to conceal, deny or cover up problems related to alcohol, drug or substance misuse. 2. Scope and purpose of the Policy 2.1 The policy is applicable to all employees. It explains the approach that should be used when employees need assistance to overcome difficulties with alcohol, drug or substance misuse or managers need to understand what they should do when they suspect employees are experiencing such difficulties. 3. General Principles 3.1 The policy is intended to assist those employees who accept they have a problem related to alcohol, drug or substance misuse with a view to their recovery and continued employment with the University. To this end it is hoped that employees will seek help voluntarily and at an early stage. 3.2 The policy will also assist managers to deal effectively with employees who may be misusing alcohol, drugs or other substances. 3.3 Managers should seek advice from their link Human Resources Manager prior to implementing any aspect of this policy. 3.4 Whilst the policy is supportive in nature the University is required to fulfil its legal obligations and consider the overall welfare and safety of all its employees, students and others at work. 4. Applicability 4.1 The policy is applicable in respect of employees when working/representing the University, including those working off site. 1 PN October 07 v4 4.2 The policy is not intended to intrude upon employees’ privacy but the University is concerned where an employee’s health or behaviour impairs his/her conduct, safety or work performance and where it is recognised that alcohol, drug or substance misuse may be the cause of such impairment. 4.3 The application of the policy is limited to alcohol, drug or substance misuse which regularly affects the employee’s conduct or his/her ability to undertake the duties of his/her post. The policy does not apply to employees who, because of isolated incidents due to excessive indulgence in alcohol or drugs, behave in a manner contrary to the standards of safety and conduct required by the University. Such instances will be dealt with in accordance with the appropriate disciplinary procedures. 5. Definition of Alcohol, Drug and Substance Misuse 5.1 Alcohol, drug and substance misuse is defined as ‘the intermittent or continual use of alcohol or any drug or other substance which causes detriment to the employee’s health, social funding, social functioning or work performance and which affects efficiency, productivity, safety, attendance, timekeeping or conduct in the workplace.’ 6. Legal and Statutory Obligations 6.1 It is recognised that the effect of alcohol, drug and substance misuse problems can create serious health and safety risks and that both the University and its employees have statutory duties under the Health and Safety at Work Act 1974. As a consequence it is necessary to insist that employees do not come into work under the influence of alcohol and drugs or bring illegal drugs on to the premises. 6.2 Under the Road Traffic Act 1988 and the Transport and Works Act 1992 drivers of road vehicles must not be under the influence of alcohol while driving, attempting to drive or when in charge of a vehicle. Employees suspected of being under the influence of alcohol or drugs that could impair their ability to safely carry out driving of University vehicles/private vehicles on business use will be reported to their line manager who will immediately remove them from the work activity and suspend them on full pay for the remainder of the shift/working day. 6.3 The use, sale, possession and distribution of non-prescribed and controlled drugs are prohibited under UK law (Misuse of Drugs Act 1971). The University has an obligation under law to report to the police all incidents involving the supply or taking of illegal drugs on the premises as required by the Act. 7. Indicators of Alcohol, Drug and Substance Misuse 7.1 The following characteristics may be indicative of an alcohol, drug or substance misuse problem. However, it should be noted that these characteristics are not confined to such problems and caution should be exercised in their interpretation: 2 PN October 07 v4 poor productivity, complaints about performance, impaired concentration and memory; increasing general unreliability and unpredictability; accident proneness, mistakes, errors of judgement; frequent lateness in arriving at work or returning from lunch, repeated brief periods of absence for trivial or inadequate reasons, leaving work early, taking annual leave without prior notice/approval, frequent absence from actual place of work whilst at work; persistent absenteeism, certified or uncertified and unacceptable absence patterns, e.g. regular absence linked to weekends or before and after holidays; mood changes, irritability, lethargy; deterioration in relationships with colleagues which may include paranoia, abusive behaviour, borrowing money; a combination of hand tremors, slurred speech, facial flushing, bleary eyes, poor personal hygiene; smelling of alcohol or appearing to be under the influence of alcohol during working hours; actual evidence of alcohol, drug or substance misuse whilst at work. 8. Confidentiality 8.1 All self referrals to the Occupational Health Unit will be treated in strict confidence and no details will be given to an employee’s line manager or to the Human Resources Division without the express consent of the employee. The only exception is where an Occupational Health professional considers it necessary in defence of public interest. 8.2 Any help or treatment given will be treated confidentially between the employee, the Occupational Health Unit and where necessary, any external agency involved. 8.3 Any employee records which refer to alcohol, drug and substance misuse problems will be kept confidentially. 9. Help offered by the University 9.1 Employees who come to notice through observation or poor work performance or via disciplinary procedures as possibly having an alcohol, drug or substance misuse problem will be offered the opportunity immediately to seek help from the Occupational Health Unit (see section 9 below), who will, if necessary, discuss with the employee if he/she has consulted with his/her GP to discuss the appropriateness of the GP referring the employee to a counsellor or an external agency who specialises in alcohol or drug dependency. 9.2 Where necessary, employees who agree to have treatment may, at the University’s discretion, have time off work to attend appointments, receive treatment and participate in a programme designed to help their recovery, in the same way as absence for other forms of medical treatment. The Occupational Health Unit will advise managers/Human Resources Division of the period during which employees will be undergoing treatment so that 3 PN October 07 v4 managers are able to agree with employees the timescale during which support will be offered. 9.3 Every effort will be made to ensure that on completion of a recovery programme the employee is able to return to the same or equivalent work. 9.4 Should an employee suffer a relapse during or after treatment, each case will be considered on its merits in the light of advice from Occupational Health professionals with regard to whether a further period of treatment should be offered. 10. Problem Identification – Procedural guidelines 10.1 Employees who suspect or know they have an alcohol, drug or substance misuse problem are encouraged to seek help voluntarily by contacting a) Occupational Health Unit b) link Human Resources Manager c) supervisor/manager d) trade union representative 10.2 An employee’s colleagues or supervisor may identify signs of developing problems and/or deteriorating work performance or behaviour. If this should occur they should be brought to the attention of the appropriate manager. The manager, following consultation with the link Human Resources Manager will arrange to meet with the employee in private. 10.3 Employees have the right to be accompanied at a meeting by a work colleague or trade union representative. 10.4 At the meeting the employee should be advised of the facts observed and of the possible consequences of such behaviour and/or performance and offered help. 10.5 During the meeting the manager should establish future acceptable standards of work performance and behaviour expected at work. 10.6 If an offer of assistance is accepted the manager should refer the employee to the Occupational Health Unit, via the link Human Resources Manager. No referral to the Occupational Health Unit should be made without first advising the employee. The employee should be made aware of the specific issues that will be raised in the referral. 10.7 If an employee indicates that he/she has no health related problem and rejects any offer of assistance the manager should assess the appropriateness of instigating other formal procedures or to keep the situation under review. 10.8 The manager should keep a written record of meetings held with the employee and give the employee a copy of any notes taken. 11. Roles and Responsibilities 11.1 Employees 4 PN October 07 v4 11.2 Check with doctor/pharmacist regarding side effects of prescribed medication Do not bring alcohol to work for consumption at work (unless authorised) Do not bring illegal drugs (i.e. Class A or Class B drugs that fall into the category of ‘controlled drugs’ under the Misuse of Drugs Act 1971) on to University premises Do not attend work under the influence of alcohol or drugs Do not drive or operate machinery if affected by alcohol or drugs Report all incidents of suspected alcohol, drug or substance misuse to an appropriate manager Attend all appointments arranged with Occupational Health Unit Where problem identified, commit to a support programme to overcome difficulties If undergoing a programme of support, commit to attend for all reasonable and appropriate treatment arranged Comply with recommendations of Occupational Health Unit/specialist external agencies Advise Occupational Health Unit when treatment/counselling received external to the University has been completed Understand that if undergoing a support programme as a consequence of a management referral, the Occupational Health Unit will provide manager/Human Resources Division with summary progress reports on a regular basis. In cases where an employee has self referred no information including the fact that the employee has self referred will be divulged without the employee’s consent Regularly meet with the manager to keep him/her advised of progress (employee has right to be accompanied at meetings by a Trade Union representative or work colleague). If off work, maintain regular contact with the manager Accept that the manager will arrange a period of monitoring both during and after treatment to ensure performance/attendance is sustained at acceptable levels Understand that if an employee does not accept that he/she has a problem related to alcohol, drug or substance misuse and does not agree to a support programme, then he/she is liable for any consequences of poor performance, absence at work etc which may be dealt with through formal procedures Subject to an employee giving his/her consent, understand that the manager/Human Resources Division will be advised by Occupational Health Unit if an employee ceases to comply with the Policy Any evidence of failure to complete treatment will be viewed as non compliance and future problems will be dealt with through formal procedures Understand that if at any time an employee withholds his/her consent to update the manager on progress etc, that the manager will act/make decisions based on the information known Managers Where there are concerns regarding possible alcohol, drug or substance misuse, seek advice of link Human Resources Manager before having any individual discussions with employees 5 PN October 07 v4 11.3 Treat confidentially any information regarding employees with problems relating to alcohol, drug or substance misuse Arrange that all meetings with employees are held in private If an employee’s performance is unsatisfactory/deteriorating, the manager should identify in what ways performance is unsatisfactory If a manager becomes aware that an employee is experiencing problems, he/she should arrange to meet with the employee to discuss any concerns and offer him/her support/advice Deal with specific incidents that occur, following referral to the Human Resources Division for advice Suspend employees from duty for the rest of the shift/working day where it is considered that they are incapable of performing their duties safely Indicate standards required and ensure employee understands what is expected Agree with employee about any follow up action to be taken Keep accurate records of problems, poor performance and non attendance. Make notes of all meetings held with employees to discuss such problems and any agreements regarding follow up actions, providing employees with a copy of notes Consider any measures to prevent re-occurrence of problems, e.g. supervision, monitoring When a manager believes alcohol, drug or substance misuse may be the cause of problems at work, he/she should arrange to refer the employee to the Occupational Health Unit, via Human Resources Division Discuss with an employee any relapses in performance that result in unacceptable performance levels Support employees who accept they have a problem and commit to overcoming it Allow employees reasonable time off to follow a recommended course of treatment Balance concern for the employee’s welfare with the overall responsibility for that of other employees and the safe and effective performance of the unit Occupational Health Unit Promote good health and well being amongst employees Clarify to employees the support that can be offered Respond to self referrals and management referrals Help employees to accept they have a problem Explain confidentiality aspects to employees, particularly those employees who self refer, and encourage openness and honesty in their future communication with managers Refer employees to specialist external agencies where they have agreed to commit to an employee support programme Liaise as necessary with employees GPs and other external agencies Regularly review the progress of employees who are undergoing a support programme Subject to employees giving their consent, keep managers/Human Resources Division advised of the progress of employees undergoing a support programme, together with the implications of their treatment in 6 PN October 07 v4 11.4 respect of their work, the timescale for undergoing treatment, confirmation that appointments are kept and when employees complete their treatment Advise managers/Human Resources Division of any failures to complete treatment or if treatment is not successful Keep managers/Human Resources Division informed if a return to work is not feasible within a reasonable period of time Provide advice to managers to help them acquire the necessary skills and confidence to deal with the identification and management of employees with alcohol, drug and substance misuse problems Maintain statistical records of management and self referrals Human Resources Division Ensure effective communication between employees, managers and the Occupational Health Unit Provide advice to managers on how to deal with staff who may have a problem associated with alcohol, drug or substance misuse Provide advice to individual employees as required In conjunction with managers, prepare and submit management referrals to the Occupational Health Unit, ensuring employees are aware of the referral If illness has impaired the employee’s ability to return to his/her previous post following treatment, explore in conjunction with the Occupational Health Unit and the manager, the appropriateness of redeployment to another suitable post elsewhere in the University 12 The link with performance/disciplinary/sickness management procedures 12.1 Despite the best efforts of the University to offer support to employees it may still be necessary on occasions to invoke other formal procedures where employees have reverted to unsatisfactory levels of performance/conduct/attendance. 12.2 Where an employee’s attendance is being dealt with under the University’s Sickness Management Procedure, and the employee raises a problem related to alcohol, drug or substance misuse as being a contributing factor, such problems will be taken into account when making decisions about managing the employee’s sickness absence. 12.3 If during the course of a disciplinary procedure being implemented alcohol, drug or substance misuse is believed to be a factor, the disciplinary procedure may be suspended and the employee will be offered a referral for assessment and treatment. However, if it is subsequently established that an employee’s misconduct is not due to dependency, or, if the employee refuses help, denies there is a problem or discontinues treatment, the disciplinary procedure may be re-invoked. 12.4 In appropriate cases the requirement to undergo treatment may form part of the disciplinary action taken. 12.5 Drinking or being under the influence of alcohol whilst at work to such an extent that an employee is incapable of carrying out his/her duties will be 7 PN October 07 v4 considered to be gross misconduct. The possession or taking of prohibited drugs is against the law. Any employee found in possession of or taking drugs or being under their influence whilst at work will be considered to be gross misconduct. In these situations the disciplinary procedure may be invoked (Refer to section 5.3, Misuse of Drugs Act 1971). 13. Policy Review 13.1 The University will monitor and review the operation of this policy on a regular basis. 8