Managing Alcohol, Drugs and Substance Misuse at Work

Policy & Procedure for Schools’

July 2013

Contents

1.Aims and Objectives

2.Legal Context

3.Scope of this Policy

4.Roles and Responsibilities

5.What is Substance Misuse?

6.Rules on Alcohol, Drugs and Substance Misuse

7.Links to other Policies and Procedures

8.Monitoring and Review

9.Interpretation of Policy and Procedure

The Procedures

Appendix 1 Roles of Employee, Managers, HR, Occupational Health

Appendix 2 Sensible Alcohol Use

Appendix 3 Prescribed and Over-the-Counter Drugs

Appendix 4 Recognising Alcohol/Drugs or Other Substance Misuse

Appendix 5 Support/Specialist Counselling Agencies

Appendix 6 Flowchart for Managing Employees with Drinking/Drugs Problems

Template Letter 1 Confirming Medical Suspension Letter

Template Letter 2 Meeting Action Plan Letter7

The Policy

1.Aims and Objectives

The policy and procedures aim to help protect employees who are experiencing alcohol, drugs or substance misuse problems from the associated dangers. The policy also aims to encourage employees with one or more of these problems to seek help, with a view to early recovery and a reduction in the effects of their condition on their work performance, capability, health and attendance at work.

Specifically the policy and procedures provide:

  • Information to promote responsible attitudes towards alcohol, drugs and substances within the school, and the harmful effects of excessive and inappropriate consumption.
  • Support for employees experiencing genuine alcohol, drugs or substance misuse problems. Specifically to have access to early support and treatment and ensure that they are treated fairly and sympathetically.
  • Guidance on how to deal with employees with an alcohol, drug or substance misuse problem.
  • A basis to ensure the school responds to its legal responsibility of ensuring the health, safety and well-being of its employees and.
  • Rules on what are acceptable/unacceptable levels of alcohol usage in order to ensure that standards of professionalism and customer service are maintained to the highest degree.
  • Assurance to the school that work performance, attendance and behaviour is not affected detrimentally by alcohol, illegal drugs or substance misuse and it’s reputation is not adversely affected.

The school does not condone substance abuse and will not tolerate:

  • use, other than on medical advice, of alcohol on the premises
  • misuse of substances on the premises
  • intoxication at work through the misuse of substances taken elsewhere
  • supply, consumption or production of illegal drugs on the premises.

2.Legal Context

The policy and procedures have been developed with reference to the following legislation:

  • The Health and Safety at Work Act 1974 gives the school a general duty to ensure the health, safety and welfare of its employees so far as is reasonably practicable.
  • TheMisuse of Drugs Act 1971 makes it an offence to possess, supply, offer to supply or produce controlled drugs.
  • The Road Traffic Act 1988 makes it an offence for anyone who drives whilst unfit through alcohol or drugs.
  • The Management of Health and Safety at Work Regulations 1999 puts a legal duty on the school to take into account the capability of employees as regards health and safety before allocating tasks.
  • The Data Protection Act 1998 gives the schoolresponsibilities in respect of acquiring, managing and retaining information on workers’ health.
  • Provision and Use of Work Equipment Regulations 1998 puts a legal requirement on the school as an employer to assess any risk created as a result of using work equipment in the conditions that exist.
  • Human Rights Act 1998 – Article 8 sets out the right to respect for private and family life and covers how the school should hold and use information about employees.
  • Corporate Manslaughter and Homicide Act 2007 creates an offence of corporate manslaughter, which means the school can be prosecuted for the reckless death of a person where a duty of care exists.

3.Scope of this Policy

This policy and procedure applies to all employees of the school regardless of seniority.

4.Roles and Responsibilities

Specific areas of responsibility are set out in Appendix 1 for employees, managers/headteachers, Human Resources and Occupational Health. In particular:

  • all employees and others listed above must abide by this policy;
  • all managers must ensure the policy is applied in their area of responsibility;
  • the Local Authority’s (LA) Head of Human Resources (Schools) must monitor and review the policy.

5.What is Substance Misuse?

Substance misuse is the misuse of prescribed/illegal drugs, alcohol and substances such as solvents. Misuse refers to use that is problematic or harmful, either for the individual or others.

Misuse can take the following forms:

  • Inappropriate use, where use may aggravate an existing condition or situation or is done in potentially dangerous or inappropriate circumstances.
  • Habitual use, where the employee becomes dependent on the effects of the substance to the extent that the desire for these effects becomes a dominant concern in their lives, to the detriment of other aspects of their lives.
  • Excessive use, which can lead to physical and mental illness or anti-social behaviour.

6.Rules on Alcohol, Drugs and Substance Misuse

6.1Alcohol

Employees are expected to fully comply with the school’s Code of Conduct in respect of alcohol usage as follows:

  • never consume alcohol during their normal working hours, unless at a management approved social function e.g. a leaving do, or official school function.
  • never drink alcohol on school property unless at an approved social function,
  • do not drink alcohol to the extent that it adversely affects work performance, attendance or behaviour. In some safety critical jobs an employee should not drink at all, before or during the working day where this could affect safety or his/her ability to work. An employee should not be under the influence of alcohol; including having alcohol on his/her breath during any business meetings or dealings with customers as this could damage both the employee and the school’s reputation.

Drinking alcohol to an extent that in any way adversely affects the employee’s work performance, attendance or behaviour is prohibited.

Employees are not expected to report to work under the influence of alcohol and are expected to observe sensible levels of alcohol use in order to ensure their performance at work and the safety of themselves or others is not impaired (see Appendix 2 for Sensible Alcohol Use) and that the school’s reputation is not damaged. This will involve the need for Headteacher and line managers to take account of the employee’s general physical incapacity, appearance and whether the employee smells of alcohol. Line managers make a judgement about an employees’ apparent intoxication, or apparent intake of alcohol, particularly for safety critical/customer facing roles as a basis for immediate action (see paragraph 6.3 below and the Alcohol, Drugs and Substance Misuse Procedure).

Drinking alcohol during breaks or before work is discouraged as this may affect work performance and be seen as unacceptable by the public, visitors and other school workers. All school employees will be expected to be fit for work and unaffected by drink.

Employees who drive in order to carry out their school duties must be alcohol-free andaware of the legal implications of drinking alcohol and driving, and the impact this may have on their employment e.g. a driving ban imposed as a result of drinking alcohol and driving could result in disciplinary action being taken by the school.

Alcohol must not be consumed on school property, unless at an approved social function. Consuming alcohol at management approved social functions may be permitted, however employees are expected to demonstrate restraint and observe sensible levels of alcohol use, particularly if school work is to be resumed immediately following the function. In the interests of health and safety and the school’s image, Headteacher’s should avoid permitting alcohol to be served at work-related social functions, particularly where these are scheduled during the course of the working day. Where Headteacher’s deem alcohol permissible at work-related social functions, efforts should be made to schedule these functions at the end of the working day, and to remind attending employees of their duty to observe sensible levels of alcohol use (see Appendix 2 for Sensible Alcohol Use). The approval of serving alcohol at social functions cannot be delegated to tiers of management below the Headteacher.

6.2Drugs and Substances Misuse

Employees are expected to fully comply with the school’sCode of Conduct in respect of illegal drugs and banned substances as follows:

  • Never take illegal drugs or any banned substance on school property

Employees should not report to work under the influence of illegal drugs/banned substances and must not possess, consume, sell or give to another or offer to sell or give to another any illegal drugs/substances whilst at work or on school property. If employees engage in this activity outside of work, and where it is brought to the school’s attention, the Headteacher will conduct a brief enquiry to establish the facts and will take the appropriate action having first sought HR advice; depending on the circumstances, this could result in the Disciplinary Procedure being invoked. It is the responsibility of employees to make themselves aware of the legality/illegality of any drugs or substance in their possession/use. Employees have a responsibility to inform managers if they are aware that colleagues are in possession of or use illegal drugs whilst at work or on school property.

Possession of illegal drugs/banned substances and supplying or consumption on school property may be reported to the police by line managersonce the manager is satisfied after conducting a brief investigation into the facts of the case that there is a case for the employee to answer. Illegal drug use for the purposes of treating a medically recognised condition/disability may be treated sympathetically, however, the use of such drugs is strictly prohibited on school property or during the employee’s working time. Breach of this will result in the matter being dealt with under special circumstances (see the Alcohol, Drugs and Substance Misuse Procedure – Taking Formal Action).

Whilst separate policies apply, employees are also reminded that smoking is prohibited on school property/premises.

Employees on prescribed medication which may affect their work performance must notify their line manager who may seek advice from the Occupational Health Service. See Appendix 3 for Prescribed and Over the Counter Drugs.

All school employees are expected to be fit for work and unaffected by drugs/substance misuse.

6.3Employees in Safety Critical/Customer-Facing Roles

The following groups of employees are deemed to be in safety critical/customer-facing roles and are required not to consume alcohol whilst at work or during breaks. It is advised that employees in these roles should refrain from consuming alcohol within 8 – 12 hours of starting work.

Safety Critical Roles:

  • drivers or those engaged in public transportation
  • machinery operators e.g. gardeners who operate mowers
  • jobs involving climbing ladders or scaffolding
  • operating equipment or carrying heavy loads/items on stairs and in lifts
  • personal care roles e.g. Teaching Assistants, Learning Support Assistants.

Customer-Facing Roles:

  • customer-facing employees with direct contact with the public and/or those regularly representing the school at external bodies during the course of their normal duties e.g. receptionists,

Employees on standby who need to use their vehicle to arrive at their duty are required to be alcohol free.

Where headteachers or line managers are concerned that an employee’s behaviour in a safety-critical role is affected by alcohol or drug/substance misuse, they may require the employee to undergo an alcohol/drug test (see Alcohol, Drugs and Substance Misuse Procedures – Testing for Alcohol, Drug or Substance Misuse).

Employees in safety-critical roles who are found to be under the influence of illegal drugs/banned substances or alcohol whilst working, may be liable for action under the disciplinary procedure.

Support will be provided to all staff.

7.Links to other Policies and Procedures

Sickness Management Policy and Procedure:

Poor attendance may lead to action being taken under the Sickness Management Policy and Procedure. Where an employee acknowledges that alcohol/drugs are a cause of the problem and makes a commitment to address the cause, the school will provide support. Even if there is an acknowledged alcohol/drug problem and support is provided, action under the Sickness Management Policy and Procedure will continue if poor attendance continues to be an issue and could result in dismissal from the school.

Health and Safety Policy:

The school’s Health and Safety Policy details the school’s commitment to ensuring the health, safety and welfare of employees so far as is reasonably practicable. The Policy provides a framework that commits all managers and employees to take responsibility for safety at work.

Disciplinary Policy and Procedure:

Poor behaviour as a result of an employees’ use of alcohol/drugs is potentially a disciplinary offence. Depending on the circumstances, where an employee acknowledges that alcohol/drugs are a cause for the problem and makes a commitment to address the cause, the school will support the employee. However wilful and/or continuing breaches of the policy will result in disciplinary action that could lead to dismissal from the school.

Managing Capability Policy and Procedure

Where work performance is adversely affected by the use of alcohol, drugs or substance misuse, the poor performance may be addressed within the framework of the Managing Capability Policy and Procedure. Even if there is an acknowledged alcohol/drug problem and support is provided to bring the work performance to an acceptable standard, action under the Managing Capability Policy and Procedure will continue and if work performance does not improve to an acceptable standard could result in dismissal from the school.

Whistleblowing Procedure:

If, due to an employee’s problematic use of alcohol, drugs or substance misuse colleagues wish to raise concerns which they believe involve criminal activity, danger to health and safety, conduct which may damage the school’s reputation etc, in addition to their responsibility to disclose this information as a Health & Safety concern, the Whistleblowing Procedure also provides added protection in disclosing this information.

Code of Conduct:

The school’s Code of Conduct for employees sets out what is acceptable behaviour in relation to drinking alcohol and taking illegal drugs/substances at work. The Code prohibits the drinking of alcohol on school property unless at an approved social function. It also warns employees working in certain jobs to abstain from drinking alcohol during the working day.

Managing Work Related Stress in the Workplace

The school recognises that employees experience stress in different ways and may need support in managing work related stress, particularly if the stress manifests itself in behaviours that are not helpful to an employee’s health e.g. excessive use of drugs, alcohol or substance misuse. The school has health and safety guidance regarding managing work related stress which supports both employees and managers in dealing with these issues.

8.Monitoring and Review

The school will ensure that effective monitoring systems are put into place to record the number of alcohol, drug and substance misuse incidents and management referrals to Occupational Health Service, or external specialist agencies.

Application of the Policy and decisions taken on drug, alcohol and substance misuse matters will be monitored by LA’s Head of Human Resources (Schools) to ensure consistency and fairness.

This Policy will be reviewed as necessary to take account of legislative changes, operational experience and best practice. Any changes to the Policy will be undertaken in consultation with the recognised trade unions.

9.Interpretation of Policy and Procedure

Any disagreement between management and the employee concerning the interpretation of this Policy may be referred to the LA’s Head of Human Resources (Schools) or to his/her delegated representative whose decision will be final.

The Procedures

Informal Action: supporting employees with alcohol, drug or substance misuse problems

The school is committed to treating employees with alcohol, drug or substance misuse problems in the first instance as having a medical problem and to providing support to assist recovery before taking formal action under the relevant procedures. Where evidence indicates that there is no medical issue, and where work performance and/or attendance and/or behaviour and/or the school’s reputation is adversely affected, headteacher and line managers will address this with the employee through the relevant procedures. For the purposes of this section, where alcohol/drug/substance usage problems relate to a medical issue, employees will be supported in line with the following paragraphs below.

Intervention

It is advisable to intervene at an early stage to avoid the need for disciplinary action in the future.

Addressing the Problem

An employee may seek advice and assistance on a confidential basis in the first instance by contacting the council’s Employee Assistance Programme. A referral to the Occupational Health Service can be arranged by the line manager/headteacher or via the LA School’s HR Team. Alternatively, counselling can be arranged through the employee’s GP or by contacting any of the agencies listed in Appendix 5 – Support/ Specialist Counselling Agencies.

Where an employee approaches his/her manager, or where a headteacher or line manager suspects that an employee has an alcohol, drug or substance misuse problem which is impacting on their work performance, conduct, health, attendance at work or on the school’s reputation, the headteacher or line manager should discuss the matter confidentially with the employee at a time when the employee is deemed to be in a fit state.

Where the employee is reluctant to discuss issues relating to alcohol, drug or substance misuse, they should be offered the opportunity to discuss this with the Occupational Health Adviser s/he may contact any of the agencies set out in Appendix 5.