Policy on Drug and Alcohol Use D14 POLICY ON DRUG AND ALCOHOL USE D14.1 Introduction - Rationale for this Policy NSF (Scotland) sees drug and alcohol use as primarily a health and safety concern, and is committed to ensuring that employees should not suffer as a consequence of their own or others drug and alcohol use in the course of their work. For the purpose of this policy a drug is defined as drugs controlled under The Misuse of Drugs Act 1971, prescribed drugs, over the counter medication and other substances which on their own, or in combination with other digestible products, act as intoxicants or alter moods. The impact on the workplace of inappropriate drug and alcohol use concerns everyone. Problems that may arise include:- accidents, absenteeism, sickness, poor performance, poor staff relationships and behaviour changes. Most seriously, inappropriate drug and alcohol use may impact detrimentally on the very people the organisation aims to serve - service users, including carers. "Inappropriate use" is defined as using alcohol or drugs in a way that affects an individual's ability to do their job effectively, reporting for work, working or attempting to work whilst impaired through drink or drugs, dispensing, distributing, manufacturing, possessing, using, selling or offering to buy or sell a controlled drug. Workers at all levels in the organisation, who use drugs inappropriately are likely to experience some deterioration in work performance. This could be the "hangover" effects of having taken something or the effects of prescribed medication. In some cases the drug or alcohol use may become a problem, seriously affecting work performance. D14.2 Aims of this Policy This Policy on Drug and Alcohol Use is being implemented for the following reasons: a) To contribute to the promotion of a healthy and safe environment during work; b) To prevent and reduce the incidence of work impairment due to inappropriate drug or alcohol use; c) To reduce the personal suffering of employees with drug or alcohol related problems; d) To encourage a climate which reduces the tendency to conceal, deny and cover up drug and alcohol related problems, and gives management the confidence to deal with them; e) To raise awareness amongst all workers of the effects of alcohol and drugs and the impact on the workplace of inappropriate use; f) To set out clear, concise guidelines for dealing with misconduct involving alcohol and drugs; D14.3 Limitations of this Policy This policy does not apply to employees whose use of alcohol or drugs causes them to behave in a manner contrary to the normal standards of safety and professional conduct required, as detailed in the Staff Handbook. Such instances will be dealt with in accordance with the established disciplinary procedures. In this context it must be noted that. a) Inability to perform duties due to the influence of alcohol or drugs constitutes a breach of the disciplinary code; b) Smoking tobacco is permitted only in areas designated as smoking areas; c) No alcohol may be consumed on the organisation's premises except during social occasions designated by project management, d) Any worker found to be in possession of drugs controlled under the Misuse of Drugs Act 1971, or any subsequent pieces of Government legislation, will face disciplinary action and may be reported to the police. D14.4 Policy Statement D14.4.1 General Provisions a) It is recognised that drug and alcohol related problems are primarily matters of health and social concern and therefore people with such problems require help, support and, if necessary, treatment. b) Drug or alcohol related problems are defined as any substance use or alcoholic consumption, either intermittent or continual, which definitely and repeatedly interferes with a persons health and social functioning and/or work capability or conduct. c) Workers who are concerned about their drug or alcohol use are encouraged to seek help, support or treatment voluntarily either through the laid down procedures (see below) or through resources of the worker's own choosing. d) Workers who come to notice, through observation or by normal disciplinary procedures, as possibly having a drug or alcohol related problem, will be offered the opportunity immediately to seek assessment and, it necessary, help or treatment from appropriate external agencies. D14.4.2 Safeguards In all instances covered within paragraphs 4.1 a) to d) above, the encouragement or offer of an opportunity to seek and accept help, support or treatment are made on the clear understanding that; a) The worker will be granted, if necessary, leave to receive treatment, support or other appropriate assistance, and that such leave will be treated as sick leave within the terms of the NSF (Scotland) Sickness Policy and Procedures. b) On resumption of duties, or on the return to work following a period of treatment, support or appropriate assistance, the worker will be able to return to the same job unless it is decided that the effects of the workers problem renders him or her unfit or unsuitable to resume the same job or where resumption of the same job would be inconsistent with the long term resolution of the workers problem; when the same job cannot be resumed, every consideration will be given to finding suitable alternative employment. c) Having accepted help, support or treatment and resolved the drug or alcohol related problem, the workers normal promotional prospects will not be impaired. D14.4.3 Confidentiality The confidential nature of any records on workers with drug or alcohol related problems will be strictly preserved. The Operations Manager will inform the relevant line manager of the implementation of the policy. D14.4.4 Universality This policy is applicable to all workers irrespective of the position they hold and does not discriminate at any level. D14.4.5 Safeguarding Other Workers In adopting this policy, it needs to be recognised that there may be occasions when colleagues/work mates will be placed under pressure during the course of treatment or assistance of a fellow worker with a drug or alcohol related problem. The Operations Manager, will therefore be prepared to take appropriate measures to safeguard the interests and welfare of such workers. D14.4.6 Education and Training It is intended that all workers will receive appropriate education and training on the nature of the inappropriate use of drugs and alcohol as it affects the workplace, and relevant training on the effective implementation of the policy will be given to managers. D14.4.7 Implementation and Monitoring The Operations Manager, will be responsible for the implementation and regular monitoring and review of the policy, and will report to the Operations Committee. D14.5 Procedures for Referring Workers to local Agencies D14.5.1 Voluntary Referral (disciplinary action not involved) a) Worker voluntarily decides to seek help, through the policy. b) Worker contacts line manager or the Operations Manager. c) Line Manager or Operations Manager sees the worker as soon as possible and arranges an appointment with an approved assessment agency. d) The agency assesses the nature and extent of the problem and arranges, if appropriate, a programme of help, support or treatment. e) The agency notifies the Operations Manager if, and only if, absence from work will be entailed in the course of undergoing the appropriate programme and/or if the co-operation of NSF (Scotland) is required regarding the workers duties or working conditions and regarding any aspects of continuing support from NSF (Scotland). D14.5.2 Referral by Management a) Worker has work capability problem(s) the cause of which is known or suspected to be drug or alcohol related and disciplinary measures have been applied or are indicated. b) Manager interviews the worker in the normal course of endeavouring to rectify the work performance difficulty in the presence of a union representative or other person of the workers choice (subject to the workers wishes). c) Manager offers the worker a referral to the Operations Manager as an alternative to taking indicated disciplinary action. d) If the worker rejects the offer of referral, then normal disciplinary measures will ensue. e) When the referral is accepted, it is emphasised that discipline is only suspended, pending a satisfactory outcome of the programme of assistance. f) The Operations Manager will arrange for an assessment of the worker to be undertaken by an appropriate agency, and will seek a report from the agency indicating the outcome of the assessment, and, what co-operation is required from NSF (Scotland) to facilitate recovery. g) If the co-operation that is required from NSF (Scotland) is beyond its means or will result in a significant reduction in service at the workplace for a prolonged period as defined by the NSF (Scotland) Sickness Policy (Staff Handbook, Section Bl 1.7), then the Operations Manager will arrange a meeting with the worker to discuss the assessment agency's report in line with the NSF (Scotland) Sickness Policy. This may result in the termination of the workers employment, but that will only occur where all other possible avenues have been explored. h) If the assessment agency indicates that no drug or alcohol related problem exists, the suspended disciplinary action will be enforced. i) During the course of the agreed programme of assistance, should the worker cease to co-operate in any way with the agency, the suspended disciplinary action would again be enforced. j) If the course of programme of assistance is satisfactorily concluded, then the suspended disciplinary action will be removed after an interval of three months, during which there has been no recurrence of work problems. k) In the event of problems recurring, either during the course of the three months waiting period, or at a later date, each case will be considered on its own merits, in conjunction with the assessment agency. D14.6 Explanatory Notes on Policy and Procedures a) The term "programme of assistance" can mean many different things, from residential rehabilitation; hospital treatment (either in-patient or out-patient), care and advice by an G.P., ongoing counselling, with or without short-term medical care, and attendance at self-help groups. In many cases absence from work will be short-term or indeed not necessary at all. b) Workers who wish to make a voluntary referral to an assessment agency may instigate the procedure through either their line manager or the Operations Manager. Whichever route is taken, it will be necessary for the line manager to be kept informed of the progress of the implementation of the policy. However, confidentiality will be strictly maintained. c) The suspension of disciplinary action, and the subsequent referral to an assessment agency can provide the motivation for the worker to resolve his/her drug or alcohol problems. d) The rejection of referral or failure to co-operate with an agreed programme of assistance by a worker, is taken to mean that the worker is prepared to accept the disciplinary consequences of his/her actions. e) Assessment will always be undertaken by an external agency, since even if management or other workers are considered to have assessment skills, their use in this capacity would be inappropriate because of issues of confidentiality etc. f) In the case of disciplinary referrals, the external agency will report back to the Operations Manager only on: (i) Attendance (ii) The presence or otherwise of a drug or alcohol related problem (iii) The nature of treatment recommended (iv) The level of co-operation required by NSF (Scotland)