People and Performance OCCUPATIONAL HEALTH AND SAFETY GUIDELINES FOR THE IDENTIFICATION AND MANAGEMENT OF DRUG, ALCOHOL AND SUBSTANCE MISUSE AT WORK Revised May 2006 . MM/OHSU/AUGUST2006 Page 1 of 7 These guidelines replace all previous Council and Schools guidelines for the Management Drug, Substance and Alcohol Misuse at Work. Please note: The term Manager is a generic term that refers to all supervisors, head teachers, line managers and managers at all levels within the Council/Schools. 1. Introduction Tameside Council is committed to ensuring a safe, healthy and productive working environment and to minimising problems arising from the misuse of drugs, alcohol and/or substances at work. 2. Responsibilities These guidelines apply to all employees at all levels of the Council/Schools. All employees are responsible for adhering to these guidelines. Managers at all levels are responsible for administering, monitoring and contributing to any review of the guidelines. 3. Definition For the purpose of the application of these guidelines, misuse of alcohol, drugs and/or substances at work is defined as: A state in which the individual’s use of alcohol, drugs and/or substances objectively and repeatedly interferes with their effective and sufficient performance at work including attendance, conduct and work relationships with colleagues, managers and customers. These guidelines draw a distinction between: Employees who are addicted to alcohol and drugs or other substances in such a way that their work performance and behaviour is persistently below the normal standards of safety and conduct required by the Council. Employees who, from time to time as a result of random excesses, conduct themselves in a manner contrary to the accepted standards of behaviour, performance or work attendance where the disciplinary procedure may be more appropriate for consideration 4. Legal Framework Health and Safety at Work Act 1974: All employees have a responsibility for the health, welfare and safety of themselves and colleagues. Also in the way work is undertaken so that it does not affect the general public. Employers also have a responsibility to take reasonable care of the health and safety of those around who may be affected by any abuse or misuse. Management of Health and Safety Regulations 1999: Employers must assess the nature and scale of risks to health in their workplace. The Misuse of Drugs Act 1971: Under this statute, charges can be brought against an employee in possession of or supplying drugs at work, or against a business or its managers for allowing the possession or supply of drugs at work. Corporate Manslaughter: Managers that knowingly allow misuse of drugs and/or alcohol at work that leads to any death could find themselves personally liable for prosecution for corporate manslaughter. MM/OHSU/AUGUST2006 Page 2 of 7 Disability Discrimination Act 1995:The DDA excludes the addiction to or dependency on alcohol or any other substance, other than medically prescribed drugs. Therefore such addiction or dependency cannot be used as a reason for the Council to make ‘reasonable adjustments’ (such as an acceptance of increased sickness absence or unsafe actions etc) under the Act to enable an employee to remain in employment. 5. Aims These guidelines have been developed to actively promote the health and well-being of all employees. Their purpose is to ensure that: All employees are aware of their responsibilities regarding drugs, alcohol and substances whilst at work. Any problems are identified and dealt with appropriately at the earliest stage possible. Employees are encouraged to seek advice and support for drug, alcohol and/or substance misuse. Appropriate support and assistance is offered to those who misuse drugs, alcohol and/or substances. Employees who need support for drug, alcohol and/or substance misuse are treated with the same help and support as is given to others experiencing any other form of ill health, with the purpose of restoring health. Subject to the statutory obligations as required by the Disability Discrimination Act 1995, being fulfilled as appropriate Information and training will be provided for managers to help, to identify and deal with drug, alcohol and/or substance misuse at work. The health and well-being of employees is promoted and supported to help minimise problems at work arising from alcohol, drug and/or substance misuse. 6. Supporting a Healthy Environment The Council is committed to providing a positive working environment promoting good and coordinated employment practices and procedures with a high level of job satisfaction for all employees. The Council believes that all employees have a responsibility for themselves and their own well-being and therefore has in place a number of strategies that are reviewed and updated as required. These include; Employee Support Volunteers Service (ESV). This confidential service is provided to give employees somewhere they can go to discuss concerns they may have at home or work which may impact on them. Ongoing and appropriate general awareness-raising campaigns, training and advice for all employees. Access to Well being at Work initiatives give employees advice, support and interventions regarding health related issues based on the needs of employees. The Council’s Occupational Health Unit is available to offer employees confidential advice, support, counselling and information regarding alcohol, drug and/or substance misuse. Drug, alcohol and/or substance misuse at work awareness training is available to all employees within the Council including school based staff (See Intranet/School grid) Drug, alcohol and/or substance misuse training is also available to all managers and teaching staff responsible for implementing the guidelines. (see Intranet/School grid)) 7. Signs and Symptoms Identifying that an employee may be misusing drugs, alcohol and/or substances can be difficult. However, managers or employees may be alerted to the possibility of alcohol/drug/substance misuse if an employee demonstrates some of the following signs and symptoms whilst at work: MM/OHSU/AUGUST2006 Page 3 of 7 Poor timekeeping Increased short term absenteeism/sickness and a regular pattern of absence e.g. Mondays Lack of concentration and short term memory loss Poor performance and reduced productivity Abnormal fluctuations in concentration and energy Changes in mood and personality Tendency to become confused Deteriorating personal hygiene Deteriorating relationships with colleagues, customers or management Unusual irritability and aggression Slurred speech, flushed face Shortage of money or borrowing money from colleagues Increased number of accidents Increased number of incidents Note: This is not an exhaustive list. It is important to note that most of these signs and symptoms could be linked to other personal problems rather than just work related causes, such as stress or depression. Many people use alcohol, drugs or substances to help cope with stress. The Manager should therefore seek to identify the true causes of the issue, referring to the Tameside Council Stress Management Guidelines (Please see Intranet for further information or contact the Occupational Health and Safety Unit telephone: 0161 342 3153 for a hard copy). 8. Management Responsibilities Managers are responsible for ensuring that the appropriate Council/School’s Policies and Guidelines are implemented as necessary for example: Managing Attendance Guidelines; Management of Stress Related Illness Guidelines; Employee Development Reviews; Performance Management; Regular Supervision Meetings. Managers should discuss their concerns with the employee and attempt to identify if there is a problem, and assess the scale of the problem. Managers should advise the individual of any support that is available in accordance with the Council’s/School’s Policies/Guidelines. Managers should then notify the individual employee of the steps that are to be taken to support them. This may involve a referral to Occupational Health Unit in accordance with the Council’s Managing Attendance Guidelines/Managing Staff Absence in Schools Guidelines (please see Intranet, Schools Grid or contact Human Resources for further information). Managers must undertake regular monitoring reviews with the employee. The timing of these will be agreed on a case-by-case basis and upon agreement with both the manager and employee. These reviews may include Occupational Health if necessary. 9. Employee’s Responsibilities All employees have a statutory responsibility under the Health and Safety at Work Act for themselves including their well-being plus others who might be affected by what they do or fail to do. It is expected that: Employees will seek advice and support for drug, alcohol and substance misuse. MM/OHSU/AUGUST2006 Page 4 of 7 Employees attend appropriate awareness training for drug, alcohol and/or substance misuse. If an employee has concerns that another colleague may have a drug, alcohol and/or substance misuse problem they should encourage the individual to seek help. 10. Help and Support Employees are encouraged to seek help voluntarily through an appropriate source for example their line manager, Trade Union representative, Occupational Health Advisor or appropriate external agency. A Human Resources Advisor may also provide welfare advice and assistance: The employee may approach a Senior Manager or Human Resources Advisor within the Council/School; if they feel they cannot discuss the problem with their own line manager/supervisor. If an employee needs to attend an appointment on a confidential basis at either the Council’s Occupational Health Unit or an appropriate external service within the employee’s normal working hours, this will only be granted with pay with prior permission of management. Employees maintain the same protection and employment rights as other employees with health problems. Subject to the statutory obligations of The Disability Discrimination Act 1995 being fulfilled as appropriate. 11. Confidentiality An employee with a drug, alcohol and/or substance related problem has the same right to confidentiality as they would in relation to any other medical condition. All management discussions and records of meetings held with employees who have a drug, alcohol and/or substance related problem would be treated as confidential. An employee who has been referred in accordance with the Council’s Managing Attendance Guidelines/ Managing Staff Absence in Schools Guidelines will have confidential consultations with an Occupational Health Advisor. A report detailing the appropriate course of action to support the employee will be sent to the Human Resource Adviser responsible for the individual case who will then notify the employee’s manager of the reports contents. 12. Disciplinary Issues Drug, alcohol and/or substance related problems will be treated as health problems rather than disciplinary problems wherever possible except as specified in the following examples that will trigger disciplinary procedures: The use of drugs as defined by the Misuse of Drugs Act 1971 (except prescribed or overthe –counter medication) whilst the employee is at work Working under the influence of drugs, alcohol and/or substances (except prescribed or over-the –counter medication). The possession of an illegal substance whilst at work. Where specific Service Unit/Group/School rules exist in certain occupational areas for example drivers or operators of machinery, failure to observe such rules will result in the matter being investigated in accordance with the Disciplinary Procedure and may result in disciplinary action. Where evidence clearly demonstrates that an employee has failed to avail himself/herself of advice and assistance made available to them or discontinues an appropriate course of treatment without good cause, and/or there is no improvement in performance/conduct, MM/OHSU/AUGUST2006 Page 5 of 7 Disciplinary/Capability Procedures may be invoked. (See Intranet, Schools Grid for further information or contact Human Resources). The following situations constitute gross misconduct whilst at work: Any dealing/supplying drugs. Serious incapability through alcohol and/or substances or being under the influence of illegal drugs. Any possession of illegal non-prescriptive drugs or equipment intended for the use of such drugs. Any misuse of drugs, alcohol or substances. An employee who commits a serious act of misconduct whilst under the influence of alcohol, drugs or substances will be directly subjected to the Disciplinary Procedure. In accordance with the current Disciplinary Procedure prior to determining whether disciplinary action is required, an appropriate designated manager shall promptly and carefully investigate allegations. 13. Monitoring and Review Designated managers would be expected to actively contribute and respond to any monitoring and review process carried out by Human Resource Services. The progress of these guidelines will be monitored and reviewed by the Council in consultation with recognised Trade Unions, Occupational Health & Safety Unit and the Tameside Drug & Alcohol Action Team. 14. Further Information and Contacts There are a number of agencies that you can contact for support for alcohol, drug and/ or substance related issues. A number of both local and national contacts are shown below. a) Internal Occupational Health Tameside Council Offices Level B extension 2107 Offers advice, support, counselling and information on all aspects of health including alcohol, drug and/or substance issues. Employees should preferably be referred through their line manager Tameside Drug and Alcohol Action Team Based within the Community Safety team 0161 342 3568 Drug action teams (DATs) are the partnerships responsible for delivering the Drug strategy at a local level Tameside Drug and Alcohol Team Employee Support volunteers Tameside Council Offices extension 3388 Offers somewhere to go to discuss concerns that you may primarily have at work to help you look at the situation more clearly and make choices on what action to take. b) External- Local Alcohol National Enhanced Service Within Tameside/Glossop there is a free and confidential alcohol service through Doctors Surgeries. Advice, support and counselling can be accessed through the service and appointments will be arranged at a Tameside/Glossop GP surgery. Need to be referred to the service by a Tameside/Glossop Doctor. MM/OHSU/AUGUST2006 Page 6 of 7 ADS (Alcohol and Drug Service) 98 Bentinck Street Ashton Under Lyne Tel: 0161 343 1133 A free and confidential service for those concerned about their own or someone else’s drinking or drug use. Includes advice and information, assessment and counselling. Can self refer. SUFSS (Substance Using Family Support Service) Lees Street, Ashton-Under-Lyne Tel: 0161 330 7013 Free support service for substance using parents with children under 13 and substance using pregnant women. Preventative and rehabilitation work designed to minimise statutory intervention and improve parenting skills. Can self refer. Parent’s/Carer’s Support Services Tel:0161 830 0204 Free individual advice and information, access to counselling, drug and alcohol awareness sessions, support groups, confidential telephone helpline. Can self refer. Branching Out 9 Fletcher Street, Ashton-under-Lyne Tel: 0161 343 6481 Free support advice and information to young people under 19 years old with drug and/or alcohol issues as well as supporting parents and carers of substance users. Provides individual advice and information, drug and alcohol awareness sessions, substitute prescribing and drop in. Can self refer or refer a member of your family. Off the Record 45 Clarendon Place, Hyde Tel: 0161 355 3553 A free specialist counselling service for young people, where clients may present with a number of issues including alcohol, drug and/or substance problems. Can self refer. c) External - National FRANK Tel: 08009178282 National drugs helpline number offering confidential telephone advice 24 hours a day. Telephone number won’t appear on your phone bill. Alcoholics Anonymous Tel: 0845 7697555 Lifeline Tel: 0161 839 2054 Adults; Young people 0161 273 6686 Lifeline provides advice and information to people about drugs. Counselling is available and is free of charge. They also provide advice and information to family and friends of drug users. There is a needle exchange within this service. Can self refer. Alateen Tel: 02074030888 24-hour Alateen is for young people, aged twelve to twenty, who are affected by a problem drinker. Teacher Support line An independent charity where Teachers and Lecturers can get advice and support over the phone. Tel: 08000 562 561 Teacher Support Network An independent charity where Teachers and Lecturers can get advice and support on-line. MM/OHSU/AUGUST2006 Page 7 of 7