Employer's Substance Abuse Policy - Template Form Pro · UK-law
✓ Valid in United Kingdom · drafted to comply with local law
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________
DRUGS AND ALCOHOL POLICY (SUBSTANCE ABUSE POLICY)
Company registration number: ________
Registered office: ________
Version: ________ Effective date: ________ Next review date: ________
1. ABOUT THIS POLICY
1.1. The Company ("we", "us" or "the Company") regards its employees as its most valuable resource and considers their health, safety and welfare to be of the utmost importance. The Company is committed to providing and maintaining a safe, productive and healthy working environment for its entire workforce.
1.2. The misuse of drugs and alcohol may damage the health of employees and may jeopardise the safety, performance and reputation of the business. This policy explains how the Company manages the risks associated with the misuse of alcohol and drugs in connection with work.
1.3. The Company acknowledges that dependence on alcohol or drugs may, in some circumstances, amount to an illness, and (where relevant) may constitute a disability within the meaning of the Equality Act 2010, in which case the Company will consider whether reasonable adjustments are required.
1.4. This policy is designed to assist the Company in discharging its duties under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999. Every employee must also take reasonable care for the health and safety of themselves and of others who may be affected by their acts or omissions at work, and must co-operate with the Company in matters of health and safety.
1.5. Indicators that a person may have an alcohol or drug-related problem may include:
(a) a decline in work performance;
(b) poor or irregular attendance;
(c) unreliability;
(d) unexplained injuries; and
(e) changes in behaviour, such as irritability, mood swings or an inability to concentrate.
1.6. This policy will be reviewed regularly to ensure its continued effectiveness and legal compliance. It has been adopted following consultation with the following bodies (where applicable):
________
1.7. Any employee who has concerns about any aspect of this policy or its operation should raise the matter, in the first instance, with their line manager (or a senior manager), or report the matter through the Company's whistleblowing procedure.
2. STATUS OF THIS POLICY
2.1. This policy does not form part of any employee's contract of employment and the Company may amend, supplement or withdraw it at any time following appropriate consultation with employees and/or their representatives.
2.2. Notwithstanding clause 2.1, the requirement that employees attend and remain at work fit to perform their duties, and not impaired by alcohol or drugs, is a fundamental requirement of every contract of employment with the Company.
3. WHO IS RESPONSIBLE FOR THIS POLICY
3.1. The Company's board of directors has overall responsibility for the implementation of this policy. Day-to-day responsibility for operating the policy and for monitoring its effective application has been delegated to: ________.
3.2. Managers are responsible for:
(a) promoting and ensuring the effective implementation of this policy within their teams;
(b) understanding their responsibilities under this policy and maintaining confidentiality so as to ensure a consistent approach;
(c) attending and completing appropriate training when offered; and
(d) recognising the signs of alcohol and drug misuse and handling individual cases in accordance with this policy.
3.3. All employees are expected to:
(a) take personal responsibility for their own consumption of alcohol and use of drugs; and
(b) co-operate with management in supporting any colleague who may have an alcohol or drug-related problem.
4. OBJECTIVES OF THIS POLICY
4.1. To make employees aware of the risks associated with the consumption of alcohol and the use of drugs, and to promote good practice and responsible attitudes towards their use.
4.2. To encourage and assist employees who believe they may have an alcohol or drug-related problem to seek help and treatment at an early stage.
4.3. Where appropriate, to refer an employee to a suitable agency or professional for assessment and, if necessary, specialist assistance.
4.4. To ensure that employees with alcohol or drug-related problems affecting their work are treated with compassion, fairness and consistency.
5. SCOPE AND DEFINITIONS
5.1. This policy applies to all employees of the Company. It also applies, so far as relevant, to all workers, agency staff, contractors, consultants and volunteers working for, at or on behalf of the Company, all of whom are required to comply with its requirements. It does not form part of any contract.
5.2. In this policy the term "drug" includes:
(a) substances classified as "controlled drugs" under the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001;
(b) prescribed and over-the-counter medicines, where misused;
(c) solvents and other similar substances; and
(d) psychoactive substances within the meaning of the Psychoactive Substances Act 2016 (formerly known as "legal highs"), whether or not prohibited under the Misuse of Drugs Act 1971.
5.3. References to "alcohol" are to any beverage or substance containing alcohol.
6. COMPANY RULES ON ALCOHOL AND DRUGS
6.1. The misuse of alcohol and drugs can result in reduced attendance, decreased productivity and performance, impaired judgement and decision-making, and increased risks to the health and safety of the individual and others, including, in severe cases, the risk of serious injury or death. It may also result in criminal liability and damage to the Company's reputation and business.
6.2. All employees are required to attend work fit to perform their duties, and to remain so throughout the working day, free from any impairment caused by the use or after-effects of alcohol or drugs.
6.3. The detailed rules governing the consumption of alcohol and the use of drugs at work are set out in: ________.
6.4. A breach of those rules or of this policy may constitute misconduct or, depending on the circumstances, gross misconduct, and may result in disciplinary action up to and including summary dismissal.
7. VOLUNTARY REFERRALS
7.1. An employee may seek assistance for an alcohol and/or drug-related problem on a wholly voluntary basis. Any employee who believes they may have such a problem is encouraged to seek specialist help without delay. The employee may access such help through:
________
The HR department is available to initiate such help if requested.
7.2. Where an employee voluntarily requests assistance from the HR department before management becomes aware of any deterioration in work performance, the HR department will keep the matter confidential so far as is reasonably practicable. Where the employee requires time off for a treatment or recovery programme, or where there is a need to adjust the employee's duties or working environment, the employee's line manager will be notified, with the employee's knowledge.
8. OTHER CASES WHERE REFERRAL MAY BE REQUIRED
8.1. A manager may identify an employee whose health, attendance or work performance is poor and which may be attributable to an alcohol or drug-related problem.
8.2. Any employee who suspects that a colleague has an alcohol or drug-related problem should, where they consider it appropriate, encourage that colleague to seek assistance from their manager or the HR department in accordance with this policy. If the colleague is unwilling to seek assistance, the employee should raise their concerns with the colleague's manager, in confidence.
8.3. On making an initial referral, the manager will compile accurate and confidential records of the relevant matters, such as instances of poor performance or other concerns, and will refer the matter to the HR department, which is available to advise and assist managers and employees as required.
8.4. The manager will arrange to meet the employee concerned, the purpose of which is to:
(a) discuss the deterioration in the employee's work and/or behaviour and invite the employee to comment on the cause(s), including whether it may be attributable to a health issue;
(b) inform the employee of the potential disciplinary consequences of continuing the current pattern of work or behaviour;
(c) where appropriate, refer the employee for medical advice to ________; and
(d) determine whether disciplinary action will be taken in respect of any incident that prompted the initial referral.
8.5. If the employee declines the offer of referral to ________, the manager will conduct a thorough assessment of the matter and determine whether it is appropriate to refer it for potential disciplinary action at that time.
9. DISCIPLINARY ACTION
9.1. Where an employee's work performance or conduct gives rise to disciplinary concerns, or where an incident has occurred that prompted the initial referral, the Company reserves the right to deal with the matter under its disciplinary and dismissal procedure. Any disciplinary process will be conducted fairly and in accordance with the Acas Code of Practice on Disciplinary and Grievance Procedures.
9.2. The decision whether to take disciplinary action, and the nature of any such action, will depend upon the circumstances of each individual case. Where appropriate, the Company will take into account the employee's willingness to seek and accept assistance, and any treatment or rehabilitation undertaken.
10. MEDICAL EXAMINATION
10.2. If a medical examination reveals that the employee does not have an underlying alcohol or drug-related problem, the Company will continue to deal with the matter in accordance with its disciplinary and dismissal procedure.
10.3. If, following a medical examination, the employee tests positive for a controlled substance, or admits to having an alcohol and/or drug-related problem, the Company reserves the right to suspend the employee on full pay pending a decision whether to invoke the disciplinary and dismissal procedure or to refer the employee for treatment and rehabilitation in accordance with this policy. Any suspension will be for no longer than is reasonably necessary and is a neutral act.
11. SUPPORT AVAILABLE
11.1. The Company recognises that an alcohol and/or drug-related problem may arise for a variety of reasons and may be an illness to be treated in the same way as any other illness. The purpose of this policy is to facilitate, so far as reasonably practicable, a return to work for those referred for treatment under it. In addition to referrals for medical and/or specialist treatment, the support provided may include:
(a) authorised absence from work for approved treatment, treated as sick leave in accordance with the Company's sickness absence policy;
(b) the suspension of any disciplinary action or performance review so that a treatment plan may be carried out; and/or
(c) adjustments to the employee's duties or hours of work, or other reasonable assistance recommended by treatment providers, during treatment and for a defined period afterwards, in each case so far as is reasonably practicable and consistent with operational requirements.
12. REFERRAL
12.1. Where an employee agrees to be assessed by ________ or another treatment provider, the manager should contact the HR department promptly to arrange an appointment.
12.2. The manager and the employee should agree arrangements to meet regularly to monitor progress and discuss any further issues that may arise.
12.3. If ________ does not confirm the existence of an alcohol or drug-related problem, or any other relevant health problem, the manager should conduct a thorough assessment of the situation and determine whether disciplinary action is warranted.
12.4. If ________ confirms the existence of an alcohol or drug-related problem, it will, where necessary, refer the employee to a specialist agency. If the employee declines such an offer of referral, the manager should assess the situation thoroughly and determine whether it is appropriate to refer the matter for potential disciplinary action in relation to the initial incident(s).
12.5. The specialist agency may recommend an in-patient, day-care, out-patient or home-based treatment programme.
12.6. If the employee declines the treatment programme offered by the specialist agency, ________ will notify the manager, who should conduct a thorough assessment of the situation and determine whether to refer the matter for potential disciplinary action in relation to the initial incident(s).
12.7. If the employee agrees to the treatment plan provided by the specialist agency and is assessed as temporarily unable to perform their role, ________ should notify the manager that the employee has a problem affecting their work performance, stating the recommended period of absence. It may be recommended that reassignment to a different work area would enable the employee to continue working.
12.8. On completion of the recommended course of treatment, the manager should meet with the employee to convey the Company's future expectations regarding work performance and/or conduct, and to confirm that disciplinary action may be commenced or resumed at any time if the employee's work performance or conduct justifies it.
12.9. The employee may be placed on sick leave, subject to and in accordance with the Company's sickness absence policy, if ________ determines that a return to, or continuation in, the role poses a risk of recurrence of the problem or jeopardises the health and/or safety of staff and/or the public.
12.10. If the employee decides to discontinue the treatment programme, or the treatment agency discontinues it for lack of progress, ________ must notify the manager. The manager should then meet with the employee to assess whether the situation warrants consideration of disciplinary measures.
13. SEARCHES
13.1. To monitor compliance with this policy, the Company reserves the right, where a manager reasonably suspects that Company rules are being breached, to search any employee and/or their property on Company premises, their work space, and/or their company vehicle and its contents, at any time. Any search will be conducted lawfully, proportionately and with due regard to the employee's rights, including their rights under the Human Rights Act 1998 and the right to respect for private life.
13.2. So far as practicable, any search will be conducted in private by a senior manager, with a member of the HR department present to record it. The employee may have a colleague or trade union representative present as a witness to the search.
13.3. An employee's unreasonable refusal to co-operate with a search may be treated as gross misconduct and may result in disciplinary action up to and including summary dismissal.
13.4. Where the Company wishes to conduct a search because it suspects that a criminal offence has been or may have been committed and the employee refuses to consent, the Company may contact the police, who may conduct their own search.
13.5. Any alcohol or drugs found during a search will be confiscated, recorded and kept securely until handed to the police or otherwise lawfully disposed of, whichever occurs first. The discovery of any controlled or illegal substance will be reported to the police.
14. DRUG AND ALCOHOL SCREENING
14.1. So that this policy can operate effectively, the Company reserves the right to require the following persons to undergo alcohol and/or drug screening where appropriate:
(a) all applicants for the position of ________;
(b) all employees required to undergo periodic medical examinations;
(c) any employee involved in a workplace accident or incident that could have placed health and safety at risk; and
(d) any employee whom management reasonably believes or suspects is, or may be, under the influence of alcohol or drugs, or whose work has been affected by such use.
14.2. Random alcohol and drug testing will be carried out on staff in safety-critical roles, namely those whose duties include the following:
________
14.3. A request to undergo a screening test does not of itself imply that the employee is suspected of any wrongdoing.
14.4. Before testing is carried out, the individual will be asked to give written consent. Any unreasonable refusal to consent, or to provide a urine, blood, hair or other sample when it is reasonable to require one, may be treated as a breach of the employee's contract and may result in disciplinary action up to and including summary dismissal.
14.5. Screening tests will be carried out by an appropriately accredited external provider in accordance with the relevant standards. Staff will be entitled to a copy of any sample taken so that, if they wish, they may arrange for it to be independently analysed. Any alternative testing arrangements will be discussed with the affected staff at the relevant time.
14.6. For alcohol screening, a blood-alcohol concentration of ________ or above will normally result in disciplinary action.
15. SCREENING RESULTS AND CONSEQUENCES
15.1. Where a screening test produces a positive result for drugs or alcohol, or where the result exceeds the relevant threshold set out in this policy, the matter will be dealt with under the Company's disciplinary and dismissal procedure and/or by way of referral for assessment and treatment in accordance with this policy, as the Company considers appropriate in the circumstances.
15.2. The results of any screening test, and all related medical and health information, will be treated as confidential and as special category personal data. Such information will be processed and retained securely in accordance with the Company's data protection policy, the UK General Data Protection Regulation and the Data Protection Act 2018, and will only be disclosed to those who need to know it for the proper administration of this policy or as required by law.
16. DATA PROTECTION
16.1. The Company will collect and process personal data and special category data relating to employees' health in connection with this policy in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018 and the Company's privacy notice and data protection policy. Such data will be held only for as long as necessary and will be kept secure.
17. ADDITIONAL INFORMATION AND SOURCES OF SUPPORT
17.1. A number of organisations can provide information and support, including:
(a) Drinkline – free, confidential helpline for anyone concerned about their own or another person's drinking: 0300 123 1110.
(b) Talk to FRANK – free, confidential drugs information and advice service. Helpline: 0300 123 6600. Website: www.talktofrank.com.
(c) Alcoholics Anonymous – free self-help group for people who recognise they have a problem with alcohol. Helpline: 0800 917 7650. Website: www.alcoholics-anonymous.org.uk.
(d) Narcotics Anonymous – free self-help group for people who want to stop using drugs. Helpline: 0300 999 1212. Website: www.ukna.org.
(e) Cocaine Anonymous – national self-help group for cocaine users. Helpline: 0800 612 0225. Website: www.cocaineanonymous.org.uk.
(f) Adfam – an organisation working with and on behalf of families affected by drug and alcohol problems. Website: www.adfam.org.uk.
This Drugs and Alcohol Policy has been adopted following review and endorsement by management.
Date: ________
Signed: ______________________
________, ________, for and on behalf of ________
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