New policy guide: Alcohol and drug abuse at work

Alexandra Davidson, partner at Berwin Leighton Paisner (www.blplaw.com), on devising a coherent alcohol and drug abuse policy.

Aims of the policy

An alcohol and drug abuse policy should aim to do the following:

- Outlaw the consumption of alcohol and the use of drugs (other than for legitimate medical reasons) at work
- Warn employees of the risks of drug and alcohol abuse and the potential implications in the workplace
- Offer support to employees who need assistance in dealing with alcohol or drug addiction or related problems
- Provide the employer with powers to police the rules
- Explain the consequences of failing to comply and give the employer powers to enforce the policy
- Provide a framework for addressing this issue so that employees know how they can expect to be treated and to ensure this treatment is consistent

Who is it for?

Employees of all levels and those working on the employer's premises or representing the employer externally. The policy should be included in the staff handbook or intranet, where it is accessible to employees. Managers should also be made aware of the contents of the policy and given training and guidance on its implementation.

Essential elements

Although all substance abuse policies will deal with the disciplinary issues arising from the use of alcohol or drugs, employers vary in the lengths they will go to in supporting staff with addictions. However, most policies will contain the following:

An explanation of the health and safety risks of working while under the influence of alcohol or drugs, including risk to self and to others - more stringent rules will apply to those who drive or who are operate heavy machinery

- A definition of what is considered acceptable and unacceptable use, for example
a) Is it acceptable to drink in moderation while entertaining clients or is there a blanket prohibition?
b) Is the policy limited to conduct at work or does it include substance abuse outside work?
c) In relation to drugs, is possession treated in the same way as use?

- A summary of the powers of investigation which the employer has, such as pre-employment medicals, random testing, right to search the employee's belongings

- A statement regarding the application of the employer's sickness policy and procedures to absences caused by alcohol or drug use

- An outline of the way the employer will support the employee who seeks assistance and the forms such support will take

- A clear statement of the penalties for breaching the policy and the application of the disciplinary procedure to such breaches

Best practice

The following provisions are not essential but would be regarded as best practice:

- Confidential helpline for employees who have a substance abuse problem, or who are worried about developing one

- Access to treatment and rehabilitation with the support of the employer

- Before the disciplinary procedure is invoked, the employer should decide whether the issue should be treated as a medical problem or a disciplinary matter

- The employer should seek the specific consent of employees to blood or urine testing or searching of belongings

Grey areas

If an employer introduces an alcohol and drug abuse policy, this may constitute a variation to the employee's contract of employment and therefore there should be consultation with staff prior to the introduction of the policy.

It is not always easy to determine if an individual's misconduct or poor performance as a result of alcohol or drug abuse should be treated as a capability issue or a disciplinary matter.

Use of alcohol or drugs outside the workplace would normally not be a matter for the employer but an employer may be justified in taking action where the use of alcohol or drugs either brings the employer into disrepute or undermines the employer's trust and confidence in the employee.

The Human Rights Act may provide employees with arguments that any blood or urine testing or searching of their possessions contravenes their right to privacy.

Drug testing may only be justifiable where there is a reasonable suspicion of drug use that has a potential impact on safety.

Some misconduct may also constitute a criminal offence and the employer should reserve the right to inform the police of any suspicions it may have regarding drug use at its premises.

Key legislation

Misuse of Drugs Act 1971
Health and Safety at Work Act 1974
Human Rights Act 1998

Links

Acas http://www.acas.org.uk/
Alcohol Education and Research Council http://www.aerc.org.uk
National Drugs Helpline (Frank) http://talktofrank.com
NHS Plushttp://www.nhsplus.nhs.uk/your_health/submisuse.asp