Employee Drug and Alcohol Policy - Template Form Pro · NG-law
✓ Valid in Nigeria · drafted to comply with local law
Create your Employee Drug and Alcohol Policy - Template Form for use in Nigeria. Answer a few plain-English questions and the document fills in automatically as you go — then download it in Word and PDF, ready to sign or share. This version has been professionally rewritten to comply with local law.
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DRUG AND ALCOHOL POLICY
________
(RC No.: ________)
Registered Office: ________
Effective Date: ________
This Drug and Alcohol Policy (the "Policy") is issued by ________ (the "Company") in furtherance of its statutory duty to provide a safe and healthy working environment under the Labour Act, Cap. L1, Laws of the Federation of Nigeria 2004, the Employees' Compensation Act 2010, the Factories Act, Cap. F1, Laws of the Federation of Nigeria 2004, and other applicable health and safety legislation.
The Company is committed to promoting a safe, productive and conducive working environment for all employees. The misuse of alcohol and drugs impairs judgement and decision-making and poses a serious threat to the safety, security and reputation of the Company, its employees, clients, customers and to the security of the Company's equipment and assets. Accordingly, the misuse of drugs and alcohol is strictly prohibited.
This Policy sets out the Company's rules on alcohol and drug use, the procedures for testing, and the disciplinary measures applicable for non-compliance. It is to be read together with the Company's Employee Handbook, Code of Conduct and any related health and safety procedures.
§ 1 — DEFINITIONS
"Alcohol" means any beverage, liquid or substance containing ethyl alcohol, including beer, wine, spirits, liquor or any other intoxicating drink.
"Business Hours" means the Company's official working hours, being ________, or such other hours as the Company may from time to time determine.
"Employee" means any person employed by the Company under a contract of employment, whether on a permanent, temporary, contract, casual or probationary basis, and includes job applicants where the context so requires.
"Substances" means any illegal, addictive or harmful drug or other substance capable of causing impairment and affecting an Employee's ability to perform their duties safely and effectively.
"Work Premises" means any premises owned, leased, occupied or controlled by the Company, and includes any location, vehicle or site at which an Employee performs duties on behalf of the Company.
§ 2 — SCOPE AND APPLICATION
2.1. This Policy applies to all Employees of ________, and to job applicants to the extent expressly stated herein.
2.2. Every Employee is required to read this Policy carefully and to comply with the provisions contained herein at all times.
2.3. This Policy does not form part of any Employee's contract of employment and may be amended by the Company in accordance with § 11 below.
§ 3 — PROHIBITION OF ILLEGAL DRUG USE
3.1. The use, sale, purchase, possession, distribution or trafficking of Illegal Drugs on the Work Premises or during Business Hours is strictly prohibited.
3.2. No Employee shall report for work, perform any duty, or remain on the Work Premises while under the influence of any Illegal Drug or Substance.
3.3. The detectable presence of Illegal Drugs in an Employee during Business Hours, or possession of Illegal Drugs by an Employee, shall constitute gross misconduct and may be a ground for summary dismissal, in addition to any report to the appropriate law enforcement authorities.
3.4. An Employee who is required to use prescription medication that may affect their ability to perform their duties safely must promptly disclose this to the Human Resources Department. Such disclosure shall be treated in confidence in accordance with § 8.
§ 4 — PROHIBITION OF ALCOHOL MISUSE
4.1. Employees are prohibited from possessing, consuming or being under the influence of Alcohol during Business Hours or while on the Work Premises.
4.2. The Company may, in its discretion, permit the moderate and responsible consumption of Alcohol at sanctioned Company functions, subject to such conditions as the Company may impose.
§ 5 — DRUG AND ALCOHOL TESTING
5.1. Pre-Employment Testing. As a condition of employment, a job applicant may be required to undergo drug and alcohol testing prior to the issuance of an offer of employment. The Company shall arrange and communicate the details of such testing to the applicant. Refusal to submit to the required testing may disqualify the applicant from the recruitment process.
5.2. Periodic Testing. Employees may be required to submit to periodic testing for Illegal Drugs or Alcohol at intervals determined by the Company. Reasonable prior notice of the testing schedule shall, where practicable, be given.
5.3. For-Cause Testing. The Company may, where it has reasonable grounds to suspect that an Employee is under the influence of drugs, Alcohol or other harmful Substances, require that Employee to submit to testing and may place the Employee under observation pending the outcome.
5.4. Post-Accident Testing. An Employee operating a Company vehicle or equipment may be required to undergo testing following any accident resulting in injury to the Employee, a co-worker or any third party, or in damage to Company property.
5.5. Refusal to Test. Save where a refusal is supported by lawful and reasonable cause, refusal by an Employee to submit to any test lawfully required under this Policy shall constitute misconduct and may be a ground for disciplinary action up to and including dismissal.
§ 6 — REHABILITATION AND SUPPORT
6.1. The Company recognises that drug and alcohol dependency is a condition that may require treatment and support. An Employee who voluntarily discloses a drug or alcohol problem and seeks assistance may, at the discretion of the Company, be referred to an appropriate counselling, treatment or rehabilitation programme.
6.2. The Company may, where it deems fit, grant such an Employee leave of absence to undergo treatment or rehabilitation. The cost of such treatment or rehabilitation may be borne by the Employee, except where the Company decides otherwise.
6.3. Voluntary disclosure and participation in a rehabilitation programme shall not exempt an Employee from compliance with this Policy, nor shall it preclude the Company from taking disciplinary action where the Employee subsequently violates the terms of this Policy. An Employee who fails to complete a prescribed rehabilitation programme, or who relapses, may be subject to the disciplinary measures provided in this Policy.
§ 7 — CONFIDENTIALITY AND DATA PROTECTION
7.1. All information relating to an Employee's test results, drug or alcohol dependency, and medical prescriptions constitutes sensitive personal data within the meaning of the Nigeria Data Protection Act 2023 and shall be processed, stored and protected in accordance with that Act and its subsidiary regulations.
7.2. Such information shall remain confidential and shall not be disclosed except where:
(I) the information has entered the public domain through no fault of the Company;
(II) disclosure is required by law or by an order of a court or competent authority; or
(III) disclosure is relevant and necessary to a charge, claim, grievance, legal proceeding or complaint involving the Employee.
7.3. Notwithstanding the foregoing, the Company may disclose such information to the Employee's supervisor, managers, the Human Resources Department or any other party on a strictly need-to-know basis for the proper administration of this Policy.
§ 8 — DISCIPLINARY MEASURES
8.1. A job applicant who fails to submit to required testing may not be considered for the position applied for.
8.2. Where an Employee tests positive for Illegal Drugs or Alcohol, refuses lawful testing, or otherwise violates this Policy, the Company may, having regard to the circumstances of each case and after affording the Employee a fair opportunity to be heard, impose any one or more of the following disciplinary measures:
(I) Warning: a verbal warning or a formal written warning stating the date, time and nature of the offence, the corrective steps required, and the consequences of further breach;
(II) Compulsory Counselling: a requirement to attend a counselling or rehabilitation programme, which may be organised or sponsored by the Company;
(III) Suspension: suspension for a definite or indefinite period, which may, where lawful, be with or without pay or other employment benefits; or
(IV) Termination of Employment: termination or summary dismissal in cases of gross misconduct, serious infraction or repeated breaches, in accordance with the Employee's contract of employment, the Labour Act and the principles of fair hearing.
8.3. In addition to any disciplinary measure, an Employee found in possession of Illegal Drugs may be reported to the Nigeria Police Force or the National Drug Law Enforcement Agency for investigation and prosecution.
8.4. Nothing in this Policy shall derogate from the Employee's right to fair hearing or from the entitlements due to the Employee under the Labour Act upon lawful termination of employment.
§ 9 — ENQUIRIES AND COMPLAINTS
9.1. Any Employee who wishes to make a formal complaint or raise a query in respect of this Policy may do so in the following manner:
________
9.2. Complaints may also be directed to ________ (Human Resources contact), who shall acknowledge and address such complaints in a timely and confidential manner.
§ 10 — GOVERNING LAW
This Policy shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and any dispute arising from or in connection with this Policy shall be subject to the relevant grievance and disciplinary procedures of the Company and, where necessary, the jurisdiction of the National Industrial Court of Nigeria.
§ 11 — POLICY MODIFICATION
11.1. The Company may, at any time and in its sole discretion, amend, revise, modify or revoke any part of this Policy. All Employees shall be duly notified in writing of any such change.
11.2. Every Employee has a continuing duty to read, understand and comply with the provisions of any amended version of this Policy.
11.3. Any question or issue arising from an amended version of this Policy should be communicated to the relevant supervisor, head of department or the Human Resources Department.
ACKNOWLEDGEMENT OF RECEIPT
I, ________, acknowledge receipt of a copy of the Drug and Alcohol Policy, which contains the policies, practices and procedures of ________, and I agree to read, understand and be bound by all the provisions of this Policy.
I understand that this Policy is intended to serve as a guide and does not, of itself, create any contractual obligation on any party.
I also understand that failure to comply with the provisions of this Policy may result in disciplinary action up to and including dismissal.
I acknowledge that the Company reserves the right to modify the policies, procedures and other provisions contained in this Policy.
I consent to the collection and processing of my personal data, including sensitive personal data, for the purposes of this Policy and in accordance with the Nigeria Data Protection Act 2023.
Name of Employee: ________
Employee Identification/Staff No.: ________
Designation/Department: ________
Date of Receipt: ________
Signature of Employee: ________
For and on behalf of the Company:
Name: ________
Designation: ________
Signature: ________
Date: ________
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