Alcohol and drugs policies
Many employers use similar methods to deal with drugs and alcohol abuse. For example, some organisations now treat drug and alcohol dependence as an illness and frame policies aimed at rehabilitation. This approach can encourage employees to seek treatment. However, drugs differ from alcohol as their use is generally not socially acceptable and is often illegal. Some drugs can more rapidly affect physical and mental health than alcohol, so the earlier the problem can be dealt with, the greater chance there is of rehabilitation. There are legal obligations for employers under common law and the Health and Safety at Work Act 1974, The Transport and Works Act 1992 and The Misuse of Drugs Act 1971. You can read more about these in our advisory booklet, Health, work and well-being. Online customer contact form. Let us know how we can help.
What do the different drug classifications mean?Under the Misuse of Drugs Act drugs are classified according to their perceived danger: - class A: including ecstasy, LSD, heroin, cocaine, crack, magic mushrooms (whether prepared or fresh), methylamphetamine (crystal meth), other amphetamines if prepared for injection
- class B: including cannabis, amphetamines, Methylphenidate (Ritalin), Pholcodine
- class C: including tranquilisers, some painkillers, GHB (Gamma hydroxybutyrate), ketamine.
How should I deal with an employee who has a drink or drugs problem?When you become aware of the issue, you should: - keep accurate, confidential records of instances of poor performance or other problems
- interview the worker in private as early as possible in the process
- concentrate on the instances of poor performance that have been identified
- ask for the worker's reasons for poor performance and question whether it could be due to a health problem, without specifically mentioning alcohol or drugs
- if appropriate, discuss your alcohol and drugs policy and the help available inside or outside you're your organisation
- agree future action
- arrange regular meetings to monitor progress and discuss any further problems if they arise
Why do I need special policies and procedures?Any alcohol or drugs policy should be used to ensure problems are dealt with effectively, and consistently and early on in the process. They should protect workers and encourage sufferers to seek help. An education programme for managers is particularly important: it could include details of signs to look for, how to deal with workers who seek help, and where expert advice and help may be obtained. Being able to direct your workers to help is an important step. This may help them to recognise the dangers of alcohol, drug and other substance misuse and encourage them to seek help. It may also persuade your management and staff that covering up for someone with a drugs problem is not in that person's long-term interests. What do the different drugs classifications mean?Under the Misuse of Drugs Act drugs are classified according to their perceived danger: - class A: including ecstasy, cocaine, heroin, LSD, mescaline, methadone, morphine, opium and injectable forms of class B drugs
- class B: including oral preparations of amphetamines, barbiturates, codeine and methaqualone (Mandrax)
- class C: including cannabis, cannabis resin, most benzodiazepine (for example, Temazepam, Valium), other less harmful drugs of the amphetamine group, and anabolic steroids
What should I consider when drawing up a policy on alcohol at work?An alcohol policy should aim to protect workers and encourage sufferers to seek help. Start with a statement saying that you recognise that an alcohol problem may be an illness, and will be treated in the same way as any other illness. You also need to spell out the potential dangers to the health and safety of drinkers and their colleagues if an alcohol problem is untreated. Stress the importance of early identification and treatment. Your policy should clearly state that it applies to all workers, as well as any contractors visiting the organisation. Your policy should also cover: - The help available: for example, from managers, supervisors, a company doctor, an occupational health service or another outside agency
- When considering disciplinary action, you should attempt to resolve the issue informally as far as possible. Due to the special nature of this type of problemYour disciplinary position: for instance, you may agree to suspend disciplinary action in cases of misconduct where an alcohol problem is a factor, if your employee follows a suitable course of action. However, where gross misconduct is involved, an alcohol problem may be taken into account in determining disciplinary action.
- The provision of paid sick leave for any agreed treatment
- Employees' rights to return to the same job after effective treatment and any conditions that may apply
- An assurance of confidentiality
- Whether or not employees will be allowed a second course of treatment if they relapse
- Termination of employment on grounds of ill health where treatment is unsuccessful
- A statement that the policy will be kept under regular review to evaluate its effectiveness
What should I consider when drawing up a policy on drug misuse at work?A drugs policy should aim to protect workers and encourage sufferers to seek help. For example, a statement of the policy's purpose might read: 'This policy is designed to help protect workers from the dangers of drug and other substance misuse and to encourage those with a drugs problem to seek help'. Your policy should also cover: - A statement that the policy applies to everyone in the organisation
- Your organisation's rules on the use of drugs and other substances at work
- A statement that you recognise that a drugs problem may be an illness to be treated in the same way as any other illness
- The potential dangers to the health and safety of drug misusers and their colleagues if a drugs problem is untreated
- The importance of early identification and treatment
- The help available: for example, from managers, supervisors, a company doctor, an occupational health service or another outside agency
- When considering disciplinary action, you should attempt to resolve the issue informally as far as possible. Due to the special nature of this type of problemYour disciplinary position: for instance, Your disciplinary position: for instance, you may agree to suspend disciplinary action in cases of misconduct where drug misuse is a factor, if your employee follows a suitable course of action.
- The provision of paid sick leave for agreed treatment
- Employees' rights to return to the same job after effective treatment or, where this is not advisable, to suitable alternative employment wherever possible
- An assurance of confidentiality
- Whether or not employees will be allowed a second course of treatment if they relapse
- Your provision for education on drug misuse
- A statement that the policy will be regularly reviewed, has the support of top management and that, where appropriate, worker representatives have been consulted
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