TRUST POLICY AND PROTOCOL FOR ALCOHOL AND SUBSTANCE MISUSE
Version / 1Name of responsible (ratifying) committee / Health and Safety Policy Group
Date ratified / 29 March 2017
Document Manager (job title) / Health and Wellbeing Clinical Lead
Date issued / 04 May 2017
Review date / 03 May 2019
Electronic location / Health and Safety Policies
Related Procedural Documents / Staff Discipline Policy. Management of Attendance Policy. Redeployment Policy. Capability Policy
Key Words (to aid with searching) / Alcohol, substance misuse, performance management, capability
Version Tracking
Version / Date Ratified / Brief Summary of Changes / Author1 / 29 March 2017 / Initial Policy and Protocol / OHP and HWCM
CONTENTS
QUICK REFERENCE GUIDE
1.INTRODUCTION
2.PURPOSE
3.SCOPE
4DEFINITIONS
5DUTIES AND RESPONSIBILITIES
6PROCESS
7TRAINING REQUIREMENTS
8REFERENCES AND ASSOCIATED DOCUMENTATION
9EQUALITY IMPACT STATEMENT
10MONITORING COMPLIANCE WITH PROCEDURAL DOCUMENTS
APPENDIX 1 – DRUGS AND ALCOHOL REHABILITATION PROCEDURE
APPENDIX B - GUIDANCE FOR MANAGERS – RECOGNISING THE PROBLEM
APPENDIX C - SOURCES OF HELP
EQUALITY IMPACT SCREENING TOOL
QUICK REFERENCE GUIDE
For quick reference the guide below is a summary of actions required. This does not negate the need for the document author and others involved in the process to be aware of and follow the detail of this policy.
This Policy is designed to assist and support both employees and managers where an employee has, or is suspected of having, an alcohol, drug or substance related problem.
- Under the Health and Safety at Work Act 1974, the Trust recognises its responsibility to protect patients, staff and visitors by ensuring that all staff members arecompetent to work and free from the adverse influence of drugs, alcohol or any other substance.
- Whilst the health and safety of patients, staff and visitors must be paramount, ifan employee admits to having a problem with drugs, alcohol or any other substance, a supportive approach will be taken in order to assist them to recover and return to work wherever possible.
- If a manager has reason to believe that an employee has attended for work while unfit to do so due to misuse of alcohol, drugs or other substances, the employee will be dealt with under theStaff Discipline Policy.
- In circumstances other than attendance at work in an intoxicated state, any employee who either admits to having, or who is suspected of having, a problem with alcohol, drug or substance misuse should be referred to the Health Safety and Wellbeing Service as soon as possible in order that the appropriate assessment, advice and support can be offered.
- There will be a distinction between an employee who admits to having a problem with alcohol, drug or substance misuse and engages in a programme of treatment to try to recover and return to work, and misconduct or impaired performance related to such misuse.
1.INTRODUCTION
1.1In accordance with the Misuse of Drugs Act 1971, the Trust has a responsibility to take all reasonable steps to ensure that its employees (and others) do not use Trust premises for consuming, supplying or dealing in illegal drugs, or legal drugs (that are non-prescribed), and will take action accordingly.
1.2Portsmouth Hospitals NHS Trust (“the Trust”) is responsible for providing a safe environment for both its staff and patients in line with the Health and Safety at work Act 1974. The Trust recognises that this may be put at risk by employees who misuse alcohol, drugs or other substances to such an extent that their health, work performance, conduct and working relationships are adversely affected.
1.3In order to meet our legal responsibilities there must be no risk from members of staff whose coordination and judgement may be impaired by the influence of alcohol, drugs or other harmful substances. If an employer knowingly allows an employee under the influence of alcohol or drugs to continue working and this placesthe employee or others at risk they could be liable to charges.
1.4Whenever possible, where a problem is identified and the member of staff wishes to seek help to attempt to resolve such a problem, they will be treated with empathy, and support to overcome the problem will be offered.
2.PURPOSE
2.1This policy is designed to help protect staff from the dangers of alcohol,drug and other substance misuse and to encourage those with a drug or alcohol problem to seek helpand counselling support or treatments at an early stage, which means a greater chance of successful treatmentin the long term.
2.2This policy sets out the standards on the use and misuse of alcohol, drugs and other harmful substances and the steps that should be taken where a potential issue is identified to enable managers to deal effectively with substance misuse and alcohol related problems in the workplace in the interests of health, safety and welfare, in order to maintain acceptable standards of behaviour and/or work performance.
2.3There will be a distinction between the employee for whom alcohol or substance taking is becoming problematic, whom the Trust wishes to help and support, and misconduct involving alcohol or substances, including attending work whilst under the influence of either alcohol, drugs or other harmful substances, which should be dealt with under the disciplinary policy.
3.SCOPE
3.1This policy will apply to all employees of the Trust, including bank.
3.2The Trust also expects volunteers, contractors and any others working on the Trust’s premises or on its behalf to comply with this policy. Failure to do so may result in the working arrangements being terminated. In the interests of health and safety any visitor showing signs consistent with intoxication due to abuse of alcohol, drugs or other substances will be escorted from PHT premises immediately
3.3All issues raised under this policy will be treated in the strictest confidence.
3.4‘In the event of an infection outbreak, flu pandemic or major incident, the Trust recognises that it may not be possible to adhere to all aspects of this document. In such circumstances, staff should take advice from their manager and all possible action must be taken to maintain ongoing patient and staff safety’
4DEFINITIONS
4.1For the purpose of this policy, the terms “alcohol misuse” and “substance misuse” mean the use of alcohol, legal or illegal drugs, solvents and other substances in an excessive, habitual or harmful way or in any other way that results in an impairment to the user’s health and safety, work performance, conduct at work or social functioning.
4.2An alcohol or substance misuse problem is defined as any situation whereby an employee’s use of alcohol, legal or illegal drugs, solvents or other substances, either intermittently or continuously, affects his or her health and/or work performance, conduct at work or social functioning.
4.3Inappropriate drinking: an employee is under the undue influence of alcohol whilst on duty. Such situations will be dealt with under the Staff Discipline Policy.
5DUTIES AND RESPONSIBILITIES
Trust Board
5.1.1Trust Board members are responsible for providing leadership of health and wellbeing acting as positive role models and supporting the effective use of the Policy and Protocol for Alcohol and Substance Misuse.
Individual Employees
5.1.2All employees have a responsibility to ensure that they are capable of performing their duties in a safe and satisfactory manner and are not impeded by the misuseof alcohol, drugs or other harmful substances. They should therefore not attend work when their health, work performance, conduct or social functioning is adversely affected by alcohol, drugs (either prescription or over the counter medicines or illegal drugs) or other substances. Any instances of this will be dealt with under the Staff Discipline Policy and may be regarded as gross misconduct.
5.1.3Prescribed or over-the-counter medicines may cause impairment to an employee’s performance at work. Staff should seek advice from their GP or pharmacist about any medicines they are prescribed or purchase for use from a pharmacy. If appropriate, employees should inform their line manager of any possible side effects of such medication, and/or discuss any problems with the Occupational Health and Safety Service.
5.1.4Employees must not drive vehicles, either Trust-owned or their own personal vehicle, for the purposes of work whilst they are under the influence of alcohol, drugs or other substances.
5.1.5Where an employee reasonably considers that a colleague may have an alcohol, drug or substance misuse problem, or if they reasonably believe that a colleague is under the influence of alcohol, drugs or other substances whilst at work, they should raise the matter with their line manager or other Trust senior manager. Any concerns must always be raised and treated in the strictest confidence.
5.1.6Where an employee is undergoing treatment for an alcohol, drug or substance misuse problem, it is their responsibility to ensure they comply fully with the requirements of that programme of treatment and that they fully engage with it. If there is a relapse there will not be the opportunity for a second period of treatment
Managers
5.1.7Managers are responsible for monitoring job performance and attendance at work, to identify a deteriorating pattern of performance and/or attendance and to take corrective or supportive action when required in accordance with this policy, including timely referral to the Health Safety and Wellbeing Service.
5.1.8Managers are encouraged to discuss alcohol or substance related problems with Human Resources, in order to ensure issues are dealt with consistently and appropriately.
Health Safety and Wellbeing Service
5.19The Health Safety and Wellbeing Service will respond to referrals from managers, or self-referrals from employees, and provide ongoing support and guidance for both the employee and manager in managing any problems identified. This may include liaison with external agencies, such as the employee’s GP or other medical practitioner providing care to the affected employee.
Human Resources
5.10Human Resources will provide advice and guidance on the application of this policy and will provide ongoing support to both managers and employees where any problems are identified.
6PROCESS
6.1An alcohol, drug or substance misuse problem at work will be regarded first as a health problem rather than as an immediate cause for dismissal or disciplinary action. Those who know or suspect they have a problem are encouraged to seek help from their manager, HR Advisor, Health Safety and Wellbeing Service,Alcohol or Drug Interventions Advisory Teams or from Aquilis, the Trust’s impartial and independent counselling service (Appendix B). All cases will be dealt with in the strictest confidence although, information may be disclosed to appropriate third partiesif there is a statutory obligation to do so or if an individual poses a risk to themselves or others. The individual will be informed in these circumstances.
6.2Alcohol, drug or substance misuse can affect the performance of staff in several ways and it will therefore not be appropriate to deal with every situation in the same way. There may be an immediate situation requiring resolution or an ongoing performance or attendance issue to be managed. For example:
- An incident may occur as a result of a member of staff being under the influence of alcohol, drugs or other substances. In such circumstances the Staff Discipline Policyshould be used.
- A pattern of regular absences may emerge or a complaint may be received about a member of staff which indicates there may be an alcohol, drug or substance misuse problem, in which case this policy should be used.
- Performance may gradually deteriorate over a period of time. This policy or the Capability Policyshould be used.
Please refer to Appendix A for guidance on recognising the symptoms of alcohol, drug or substance misuse.
6.3Where a manager suspects that an employee has an alcohol, drug or substance related problem, they should discuss the matter with them immediately. Where the employee admits to having such a problem, the manager should arrange a referral to the Health Safety and Wellbeing Service for assessment, support and/or drug and alcohol screening.
6.4Where the employee denies having a problem, the manager should deal with any concerning issues in accordance with the appropriate policy (e.g.Attendance Management, Staff Discipline Policy), including referral to the Health Safety and Wellbeing Service where appropriate. If the manager remains concerned that the employee has a problem related to drug, alcohol or substance misuse, this should be made clear in any management referral to the Health Safety and Wellbeing Service so that the occupational health practitioner consulted can consider the requirement for tests to assess the problem. The manager and HR will be informed whether the employee decides to accept or to refuse the tests, whether the tests are positive or negative, the impact of the results on employability and the necessity for any additional care but no more detailed information on the tests will be disclosed unless the employee specifically requests.
6.7If such a problem is admitted, the manager should also advise the employee what help and support can be provided (see Appendix B – sources of help). In such circumstances, every opportunity will be provided for the affected employee to seek help, advice and, where appropriate, treatment from the Health Safety and Wellbeing Service,GP,Specialist orfrom a recognised external agency.
6.8If an employee needs to be absent from work to undergo a programme of treatment, the absence will be regarded as normal sickness absence and sick pay will be paid in accordance with normal terms and conditions of service. Where an employee is able to continue working during the treatment period, reasonable time off with pay will be granted to allow them to attend appointments.
6.9Following a period of treatment, the employee will either return to work or, if there has been no absence, continue working in their existing post. Where it may prove detrimental for either the employee or the service for them to remain in, or return to, their existing post; alternative employment may be sought in accordance with the Redeployment Policy.. Dependent upon the particular circumstances, this may be for a temporary period, at the end of which they will return to their original post.
6.10A return to work plan must be drawn up for all employees returning to work following absence for treatment. Such a plan should be drawn up in conjunction with the Health Safety and Wellbeing Service and shouldtakeinto account advice from any external agencies who have been involved in the care and treatment of the affected employee. Flexible return to work options should be considered, such as an initial period of reduced hours or part time working or phased return, to allow the returning employee time to settle back into their work responsibilities and to avoid stressful environments which could cause a relapse.
6.11As part of the return to work, the manager will hold regular meetings with the employee to monitor their work performance, behaviour and progress. This will be done in conjunction with regular appointments with the Health Safety and Wellbeing Service, to ensure the employee is fully supported in their role.
6.12If the employee is to remain at work during their treatment, the manager should hold regular meetings with them during their period of treatment in conjunction with regular appointments with the Health Safety and Wellbeing Service, to ensure they are fully supported and progress is monitored.
6.13When the manager has reviewed the situation and the individual has responded to treatment and improved work performance has been maintained, it is essential to continue to monitor progress and maintain any support provided to the employee, as relapses may occur. Provided the ongoing trend in the employee’s performance and behaviour is acceptable, such relapses will normally be tolerated a maximum of three times. Formal disciplinary action during the treatment period should be reserved for serious under-performance or serious incidents such as would normally attract a final written warning. Subject to there being no threat to the safety of patients, staff and the public, omissions or conduct of a less serious nature would normally be tolerated for a period which is appropriate to the specific circumstances of the case. In deciding whether to take formal disciplinary action in respect of less serious offences, an employee’s failure to attend or continue with an agreed treatment programme will be a factor to be considered.
6.14There may be cases where, despite every effort to provide support and guidance, an employee is unable to recover sufficiently in order to resume their work activities, relapses become a regular occurrence, it becomes obvious that the employee will be unable to manage their problem in the foreseeable future or the situation becomes unmanageable. In such cases, the Capability Policyor Staff Discipline Policy may be invoked and the employee’s continuing employment with the Trust will be considered. Each case will be assessed on its merits and timescales set accordingly and with input from the Health Safety and Wellbeing Service to ensure they are realistic and achievable.
6.15If, whilst under the influence of alcohol, drugs or other substances at work, an employee behaves in a way which could be regarded as gross misconduct, for example carries out an assault, behaves indecently, causes malicious damage to property or threatens in any way the health and safety of a patient, a member of the public or another member of staff then, disciplinary action will be strongly considered and very likely taken which could result in their dismissal.