Alcohol, Drugs & Solvent Abuse Policy - May 2015 Alcohol, Drugs & Solvent Abuse Policy Policy It is the policy of ACVO (the “Organisation”) to ensure and maintain a safe and healthy working environment for all its employees and to reduce the incidence of injury to person or property. The Organisation recognises the potential dangers of alcohol, drug and solvent abuse, to both the individual, the Organisation and third party colleagues. The Organisation aims to prevent, where possible, alcohol, drug and solvent abuse amongst employees and to detect at an early stage employees with problems. The Organisation may offer assistance such as counselling or leave of absence from work if required for treatment to an employee who comes forward. There may be, however, some instances when this offer may not be appropriate and managers must assess each case individually. This Policy does not form part of the contract of employment of any employee and the Organisation reserves the right to change this at any time. Definitions The following definitions are given for the purposes of the Organisation’s Alcohol, Drugs and Solvent Abuse Policy: ‘Under the influence’ means that there is a sufficient amount of the substance in the employee’s system to produce a positive test result from a medical test or breathalyser unit and/or that the employee shows erratic abnormal behaviour likely to pose a risk to themselves or others or to interfere with their job performance. A “substance” is defined as a material that chemically modifies the body’s functions resulting in physical, psychological or behavioural change. A “prohibited substance” means a controlled drug as defined in the Misuse of Drugs Act 1971 or any other substance including prescription and over-the-counter medication taken in such a manner as to impair the individual. These include, but are not limited to: Cannabinoids Cocaine Opiates Amphetamines Barbiturates Benzodiazapine Phencyclidine Page 1 Alcohol, Drugs & Solvent Abuse Policy - May 2015 Propoxyphene Methadone Solvent or solvent based products Alcohol “Substance abuse” means the use of a prohibited substance as defined above. “Positive test result” for the purposes of alcohol means the presence at a level higher than 40 milligrams per 100 millilitres of blood (i.e. half the UK “drink driving” limit)] OR [80 milligrams per 100 millilitres of blood (i.e. the UK “drink driving” limit). Organisation premises means all property owned, operated, leased by or otherwise under control, in whole or part of the Organisation. Reference to testing for substance abuse includes testing by the Organisation or its clients. Rules To ensure the protection of its employees, contractors, operations, assets and the localities in which it operates, the Organisation prohibits possession, use, consumption (except where permitted below in relation to alcohol), concealment, promotion or sale of all prohibited substances in the workplace, in Organisation vehicles, on client premise or at the worksite, or during working hours, and requires employees, workers and contractors to be free from such prohibited substances and their effects upon entering Organisation premises. They must not report for work under the influence of a prohibited substance. Non-compliance with this policy will be considered a serious disciplinary offence which may lead to disciplinary action up to and including dismissal for gross misconduct. If an employee is suspected of being under the influence, they may be required to undertake a test and/or may be sent home. They may also be subject to action under the Organisation’s disciplinary procedure up to and including dismissal for gross misconduct if they refuse to undertake a test as well as for being under the influence. The Organisation may at its entire discretion allow the consumption of alcohol during official Organisation events, client entertaining or other business networking events. Personnel must exert moderation in the consumption of alcoholic beverages during such events and any violations or abuse of this concession will result in disciplinary action being taken and the possible withdrawal of this concession. Employees are reminded that in circumstances where they are representing the Organisation, the image and reputation of the Organisation must be upheld at all times and employees should conduct themselves accordingly. If at any time it is felt that the Organisation’s reputation is adversely affected, or that due to the consumption of alcohol the health or safety of any persons or property of the Organisation is threatened, that employee may face disciplinary action up to and including dismissal for gross misconduct. Employees must not encourage others to misuse alcohol or drugs. Page 2 Alcohol, Drugs & Solvent Abuse Policy - May 2015 Establishing the Problem Managers should be aware that substance abuse by employees may come to light in various ways. The following characteristics, especially when arising in combinations, may indicate the presence of a substance problem. Absenteeism Instances of unauthorised leave Frequent Friday and/or Monday absences Leaving work early Lateness (especially on returning from lunch) Excessive level of sickness absence Strange and increasingly suspicious reasons for absence Unusually high level of sickness for colds, flu, stomach upsets Unscheduled short-term absences, with or without explanation. High Accident Level at work, elsewhere, e.g. driving, at home. Work Performance difficulty in concentration work requires increased effort individual tasks take more time deterioration in quality of work problems with remembering instructions or own mistakes. Mood Swings irritability nervousness aggression depression general confusion Self-Referral In some instances, employees may come forward voluntarily and seek help themselves. Page 3 Alcohol, Drugs & Solvent Abuse Policy - May 2015 Treatment and Assistance The Organisation will try and assist those employees who come forward voluntarily with any substance abuse problem. Line managers who suspect one of their employees of having a substance abuse problem should approach the individual informally in the first instance. The Organisation will support employees who are trying to overcome a substance abuse problem and employees should be informed of outside agencies where professional help can be obtained. The Organisation will treat all relevant discussions in strict confidence. However, if such employees fail to complete a prescribed course of treatment or have a relapse following treatment, the matter may be dealt with under the Organisation’s Disciplinary Procedure. Where appropriate, the Organisation may refer the employee for an occupational health assessment. Where employees acknowledge that they have a problem and are given help and treatment, this will be on the understanding that: The Organisation will give employees, assessed as having a substance abuse problem, reasonable time off in accordance with the Organisation’s Absence Policy. Where employees are unfit for work, they should provide Fitnotes from their GP to cover the period of absence. In the event that employees require time off work to attend counselling with external agencies, every effort should be made to attend these appointments outwith working hours. Alternatively, the Organisation may agree to unpaid time off in line with their policy on medical appointments Whilst the Organisation will provide support, employees must maintain acceptable standards of performance and conduct during any period of rehabilitation and absence must be reasonable Every effort should be made to ensure that on completion of the recovery programme employees are able to return to the same or equivalent work. However, where such a return would jeopardise either a satisfactory level of job performance or the employee's recovery, the appropriate member of the management team will review the full circumstances surrounding the case and agree with the employee a course of action to be taken. This may include the offer of suitable alternative employment, or termination of employment on the grounds of capability. Before a decision on dismissal is made, it should be discussed with the employee and an up-to-date medical opinion obtained. Relapse Where an employee, having received treatment, suffers a relapse, the Organisation will consider the individual circumstances of the case. Medical advice will be sought in an attempt to ascertain how much more treatment/rehabilitation time is likely to be required for a full recovery. At the Organisation's entire discretion, more treatment or rehabilitation time may be given in order to help the employee to recover fully. Page 4 Alcohol, Drugs & Solvent Abuse Policy - May 2015 Recovery Unlikely If, after the employee has received treatment, recovery seems unlikely, the Organisation may be unable to support the employee any longer. In such cases, dismissal due to capability may be considered. Drug Screening Programme Procedure Employees may be required to submit to a test to check for the presence of drugs or alcohol under the following circumstances: Following an accident or incident on Organisation or client premises, or involving a Organisation vehicle; Following the discovery of a prohibited substance on Organisation premises which is directly associated with the individual employee e.g. their desk; Where there is reason to suspect that the employee may be under the influence of a prohibited substance; Where it is suspected there has been a breach of the policy, e.g. high individual accident experience, excessive absenteeism, observed erratic behaviour and/or deteriorating job performance. Refusal to Take a Drugs Test If the employee refuses to take a drugs test the employee will be subject to action under the Organisation’s disciplinary procedure up to and including dismissal. Release of Test Results It is a condition of employment that all employees agree to the release of the results of screening for prohibited substances as required. Right of Search The Organisation reserves the right to search the person, his/her possessions and or immediate work area of any employee or third party personnel who work, visit or perform services on Organisation premises. Individuals have the right to have a work colleague present at such a search if requested. Prescribed Medication As a separate issue, where an employee has been prescribed medication by their GP that may have health and safety implications at work, or may otherwise affect their ability to carry out their full range of duties, they should advise their manager. Such information will be treated with the utmost confidentiality and sensitivity. Page 5