Alcohol and substance abuse Alcohol and substance abuse Version 1, September 2008 © Becta 2008 http://www.becta.org.uk NOT PROTECTIVELY MARKED page 1 of 5 Becta | Alcohol and substance abuse Introduction The consumption of alcohol is an accepted part of social life and is normally a personal matter. However, how alcohol impairs performance, safety or interpersonal work relations is a matter for employers, employees and their representatives. Even at blood alcohol concentrations lower than the legal drink/drive limit, alcohol can reduce physical co-ordination and reaction speeds and can affect thinking, judgement and mood. Under sections 2, 3 and 4 of the Health and Safety at Work Act 1974, all employers have a general duty to ensure the health, safety and welfare of their employees. Knowingly allowing an employee under the influence of alcohol or drugs to continue working, which then placed the employee or others at risk, the employer could be liable to charges. Under section 7 of the Act, employees are required to take reasonable care of themselves and others who could be affected by what they do, they too, could be liable if they put safety at risk. Under the Misuse of Drugs Act (1971) it is a criminal offence to be in possession of, use or distribute an illicit substance. It is also a criminal offence to permit the production, supply or use of controlled substances. Employers and/or managers would therefore be in breach of the law if they knowingly allow drug-related activities in the workplace. Purpose of policy The purpose of this policy is to set out Becta’s position and its rules on the consumption of alcohol and/or substance abuse on its premises, being unfit for work as a result of alcohol or substance abuse and to clarify the consequences of these rules being broken. It is designed to protect employees from the dangers of alcohol and substance misuse and to encourage those with an alcohol or drugs problem to seek help. Policy principles The consumption of alcohol, non-prescription drugs or any other substance abuse on Becta’s premises is prohibited at all times. The definition of Becta’s premises includes the car parks. The consumption of a moderate amount of alcohol will be permitted only where express permission has been granted by an Executive Director, eg to celebrate the successful delivery of a project or other key work. Being incapable of working effectively as a result of alcohol, drug or substance abuse or misuse of drugs and/or alcohol will be considered to be gross misconduct and could lead to dismissal without notice. This will also apply to home-workers, whether a Becta employee or contractor who is found to be incapable of working effectively due to drug or alcohol abuse during their working time. However, Becta recognises that alcohol or drug addiction can happen as a result of a number of factors. Where there is a case of confirmed alcohol or drug addiction, provided that the employee is undertaking, or agrees to undertake, treatment for his/her addiction, Becta will Version 1, September 2008 © Becta 2008 http://www.becta.org.uk NOT PROTECTIVELY MARKED page 2 of 5 Becta | Alcohol and substance abuse provide reasonable support to enable recovery. In the first instance employees will be referred to Becta’s Occupational Health Service (Occhea) for appropriate advice. All matters relating to the addiction and/or treatment will be treated in the strictest confidence. Where treatment is refused, Becta reserves the right to take action in the organisation’s or its employees’ best interests. Some symptoms of excessive alcohol intake can be similar to the effects of a range of medical conditions including diabetes and epilepsy. Consequently, when dealing with problems caused by suspected alcohol misuse, a full investigation of all the circumstances will be undertaken before action is taken. Moderate social drinking at lunchtimes, or when on company business, provided that it is off the premises, is not forbidden. However, it is the employee’s responsibility to ensure that they remain capable of carrying out their duties satisfactorily at all times, do not endanger themselves or others, nor bring Becta into disrepute. Becta has a legal entitlement to take disciplinary action against any employee who brings its reputation into disrepute whether on or off its premises. Becta also has a duty of care for the health and safety of its staff at external functions, including Christmas parties and therefore entitled to take action where an employee is felt to have consumed more than safe level of alcohol. There will be no tolerance of consumption of non- prescribed drugs or other form of substance abuse at any time during the working day whether on or off the premises. This will be considered to be gross misconduct. No alcohol will be made available or be permitted to be consumed at any Becta social function held on the premises, other than where express permission has been granted by an Executive Director. Becta will report any incidences of use of illegal substances on its premises to the police. Any member of staff found to be in breach of this policy will be liable to disciplinary action which may result in their dismissal. Scope This policy applies to all employees of Becta including home workers. Although it cannot be directly applied to contractors or temporary workers, any incidences of alcohol or substance abuse by them will be treated seriously and contracts will be terminated with immediate effect. Version 1, September 2008 © Becta 2008 http://www.becta.org.uk NOT PROTECTIVELY MARKED page 3 of 5 Becta | Alcohol and substance abuse Duties and responsibilities Head of Human Resources The Head of Human Resources is responsible for implementation, monitoring and review of this policy and for ensuring that it meets legal requirements. The Head of Human Resources is responsible for the maintenance, regular review and updating of this policy. Public and Commercial Services Union (PCS) will be consulted on any changes, which can only be implemented after approval by Becta’s Executive Committee (EC). Managers Managers are responsible for ensuring all new members of staff are aware of the policy and the consequences of infringement. Managers have a duty of care for the health and safety of their staff and to comply with Becta’s policy relating to the consumption of alcohol and/or the use of nonprescription drugs or other illegal substances. Managers are responsible for following the appropriate procedure to deal with any known consumption of alcohol, non-prescription drugs or other illegal substances. Failure to do so may cause the manager to be complicit in their consumption. Where a manager has reason to believe that an alcohol or substance problem exists, s/he must consult with HR at the earliest opportunity. Employees All employees have a duty to take reasonable care of their own health and safety and that of others, and to comply with Becta in applying this policy in relation to the consumption of alcohol, non-prescription drugs or other illegal substances. Employees have a duty to report any known consumption of alcohol, nonprescription drugs or other illegal substances. Knowingly abetting these activities may cause the employee to be complicit in their consumption. Human Resources Human Resources are responsible for providing appropriate guidance and support to both managers and staff in relation to this policy. Human Resources are responsible for making appropriate referrals to Becta’s Occupational Health Service or other appropriate support where and when appropriate. Human Resources are responsible for ensuring any such referrals or other communications relating to drug and alcohol problems are treated confidentially. Version 1, September 2008 © Becta 2008 http://www.becta.org.uk NOT PROTECTIVELY MARKED page 4 of 5 Becta | Alcohol and substance abuse Expiry date This policy will expire on 31 March 2011. This policy supersedes any previous policy relating to alcohol and substance abuse. Version 1, September 2008 © Becta 2008 http://www.becta.org.uk NOT PROTECTIVELY MARKED page 5 of 5