Policy Statement
Policy Statement
Falkirk Council is committed to improving the health, safety and
wellbeing of its employees by introducing and promoting policies to
encourage healthier lifestyles. The Council recognises that substance
misuse, which includes the misuse of alcohol and drugs, is primarily a
matter of health and social concern. However, when problems relating to
these issues arise in the workplace, the Council, as an employer, must
have strategies in place to deal with them and, where appropriate, offer
help and support to employees.
Policy
Introduction
Legislation such as the Health and Safety at Work etc. Act 1974 places a
duty of care on Falkirk Council to ensure the health, safety and welfare of
all employees. This includes the need to address the issue of substance
misuse in order to protect employees, their colleagues and members of
the public.
The aim of this policy is to have a positive and constructive approach to
dealing with the misuse of alcohol and drugs in the workplace,
encouraging identification of alcohol and drug related problems and
offering support to employees who may be vulnerable.
Consumption of alcohol or the use of drugs can impair performance at
work, increasing the likelihood of accidents or mistakes which may
endanger colleagues or members of the public. In addition to the health
and safety risks, substance misuse can result in absence, conduct or
performance problems, impacting on attendance, timekeeping,
behaviour, standards of work and the public image of the Council.
Where substance misuse has been identified, either by the individual
themselves or by a line manger, the Council recognises the need to
support employees through a range of support options, whilst ensuring
appropriate standards of attendance, conduct and performance are
maintained.
Scope And Definition
For the purposes of this policy, substance misuse is defined as any
alcohol or drug use, either intermittent or continual, which interferes with
an employee's health and welfare, social interaction at work, conduct or
work capability.
Within this Policy, the term 'drugs' will include:
- Any illegal drugs (Class A, B, and C);
- Any prescription drugs which have been prescribed for another
person;
- Any over-the-counter remedy or prescription drug taken in excess of
the stated dose;
- Any substances or solvents including lighter gas refills, aerosols, glues, paint thinners, and correcting fluids, with the exception of usage by employees in the normal work context where appropriate risk assessments are in place; and
- New Psychoactive substances (NPS), sometimes known as legal
highs.
The Drug and Alcohol Policy will apply equally to all employees, including
temporary employees and casual workers. The policy also applies to
contractors, volunteers and agency workers.
Use Of Alcohol Or Drugs
Reporting for Work/ At Work
No employee is permitted to report for work, or be at work, under the
influence of alcohol or drugs. Consumption of alcohol or drugs is not
permitted at any time during normal working hours, including paid and
unpaid breaks. In the case of celebrations or functions (e.g. retirals,
Christmas etc), permission may, however, be sought in advance from the
Chief Executive or appropriate Chief Officer to allow the consumption of
alcohol.
Employees reporting for work have a responsibility to be fit, capable and
presentable to undertake their duties. If an employee is known or is
believed to have consumed alcohol or drugs at any time during the
working day, or is believed to be under the influence of alcohol or drugs
at any time during the working day, the employee will normally be
suspended from duty with pay for the remainder of that working day.
Employees should not be allowed to drive home under the influence of
alcohol and where necessary, the line manager should arrange for the
employee to be taken home. If an employee insists on driving their own
vehicle home, their line manager should contact the Police immediately
to report this matter. The employee should be advised that this will be
done if they insist on driving.
The issue of the employee having been believed to have been at work
under the influence of alcohol or drugs should be discussed when the
employee is in a fit state to resume work, normally the next working day.
If considered appropriate, the employee may subsequently be
suspended from work to allow the matter to be formally investigated.
Suspension will generally be considered appropriate where this is not a
'one off’ occurrence or where the nature of the employee’s role means
that there may be a risk to themselves or others. Guidelines on
suspension and investigation are contained within the Council's
Disciplinary Policy, but it should be noted that suspension does not
constitute disciplinary action.
Employees who, at any time at work or during the working day:
- take drugs or are suspected or known to be under the influence of drugs;
- are believed to be buying or selling drugs;
- are in possession of unlawful drugs; or
- are suspected or known to have driven a vehicle or operated plant or equipment under the influence of alcohol.
May be subject to disciplinary action which may be considered as gross
misconduct. In addition to possible disciplinary action, employees may
also be subject to criminal proceedings if it has been considered
appropriate to involve the Police.
Prescribed /Over the Counter Medication
Employees should not store prescription medication in personal areas at
work including lockers and desk drawers unless it is prescribed
medication for personal use from a doctor. In this case, employees must
ensure that it is stored in a safe place which is not accessible to others.
Employees should seek advice from their GP or Pharmacist, as
appropriate, on whether any prescribed or over the counter medication
may affect their ability to undertake their work duties and, if an employee
is likely to suffer possible side effects from the medication, they should
discuss this with their line manager. In such circumstances, advice
should be sought from Occupational Health, where appropriate, to
assess the employee’s ability to undertake the full range of their duties
whilst taking the prescribed medication.
Corporate Hospitality Events
Employees who attend corporate hospitality events are representing
Falkirk Council. As such, employees have a responsibility to remain
capable and presentable at such events. Corporate events can either
take place within Falkirk Council or it can relate to events outside the
workplace. Corporate events are when an individual is attending an
event, on behalf of Falkirk Council, or if Falkirk Council is supporting the
individual’s attendance at the event, for example by providing time off,
payment of fees, payment of travel etc.
With regards to behaviour at such events, it is expected that individuals
should behave in a reasonable manner and not engage in activities that
may bring the Council into disrepute/cause embarrassment or create any
libellous circumstances.
With prior approval from the Chief Executive or appropriate Chief Officer,
the consumption of alcohol at Corporate events during working hours
may be approved, however not to excess as individuals need to be
aware that they are representing Falkirk Council and therefore should
remain capable and presentable during such an event.
Employees also need to act responsibly when attending events where
they are identified as Falkirk Council employees, i.e. Christmas party
nights, end of term nights out, leaving/retirement nights etc. It is
acknowledged that individuals are not ‘representing’ the Council at these
events, however if they are easily identifiable as Council employees they
should not engage in activities which may result in the Council being
brought into disrepute/cause embarrassment or create any libellous
circumstances.
Response To Use Of Alcohol Or Drugs
Use of alcohol or drugs may be identified by the employee themselves,
by the line manager, or as a result of a formal disciplinary, capability or
absence process. Once use of alcohol or drugs has been identified, the
next step depends on whether or not the employee has an alcohol or
drug related problem.
In certain circumstances, an employee may have an allergic or adverse
reaction to prescribed or over-the-counter medication which could affect
how they perform at work. Such circumstances will not be considered
under this policy.
If an employee attributes misconduct or capability problems to alcohol or
drug dependency during a disciplinary, capability or absence
meeting/hearing, any formal action may be postponed, pending referral
for assessment and/or treatment. Alternatively,
disciplinary/capability/absence procedures and support may run in
tandem. It should be noted that formal disciplinary action may still be
taken even where an employee indicates an alcohol or drug problem
may exist. In all cases, an employee raising an alcohol or drug problem
will be referred to Occupational Health. If an employee rejects the offer of
referral for assessment and/or treatment or fails to adhere to support
mechanisms put in place, the formal procedures shall continue.
Where an Alcohol or Drug Related Problem is Identified
Employees who volunteer themselves or are identified by their manager
as having problems which may be related to alcohol or drugs will be
treated sympathetically and in confidence. The employee should be
encouraged to seek help by accessing support and assistance available
from the Occupational Health Service, Human Resources, their GP or
other agencies including:
- Forth Valley Alcohol and Drug Partnership;
- Forth Valley Family Support Services;
- Alcoholics Anonymous;
- Community Addiction Team; and
- Signpost Recovery.
Employees may attend these agencies through self-referral or referral by
their GP.
The Council recognises that people with mental illnesses are often
affected by substance abuse and that people diagnosed as mentally ill
often abuse either alcohol or drugs. It is therefore very important that
each case is considered carefully to help identify if there is a mental ill health dimension so that the most appropriate support is provided.
When an employee attends a recommended programme requiring
absence from work, the co-operation of the manager is essential to assist
the employee's recovery. Managers should therefore make every effort
to permit time off with pay during the working day to attend for
counselling and/or treatment.
Leave of absence to attend counselling during normal working hours will
be authorised by the employee's manager and payment made within the
appropriate Conditions of Service (e.g. sick pay, special leave). Referral
will not normally affect the employee's current job role unless they are
unfit to fulfil their duties, there is an issue relating to safety, or if their
duties conflict with the long-term resolution of the drug or alcohol
problem. Referral to support will not adversely affect any employee’s
promotion prospects.
Where an employee acknowledges he/she has an alcohol or drug-related
problem, the offer to seek help and treatment is made on the
understanding that:
- If the treatment necessitates long-term absence from work,
employees will produce medical certificates to cover the period(s) of
absence.
- If the employee is absent from work to undergo treatment or has been
removed from certain duties for the duration of the treatment, on
return or on completion of treatment, he/she will return to the same or
equivalent job. However, where return to the same or equivalent job
would impact on either a satisfactory level of job performance or the
long term resolution of the employee's alcohol or drug problem, every
consideration will be given to finding suitable employment in line with
the Council's Rehabilitation and Redeployment Policy.
As drug and alcohol dependence can be a relapsing illness, an
employee’s progress will be monitored by the Occupational Health
Service in liaison with managers assessing work performance and
attendance.
If, following return to employment during or after treatment, work
performance or conduct is again affected as a result of alcohol or drug related problems, each case will be considered on its own merits. If
appropriate, a further opportunity for assistance and treatment will be
offered. In this respect, advice will be sought from the Occupational
Health Service.
A programme of support/treatment does not, however, supersede the
requirement for all employees to be free from the influence of alcohol or
drugs on arrival at work and not to consume alcohol or drugs at any time
during the working day, including paid and unpaid breaks.
If, on completion of treatment, the employee's standard of work
performance or conduct remains unsatisfactory, or if it is satisfactory
throughout the period of treatment only to lapse very soon thereafter, the
employee will be subject to the Council's Disciplinary or Capability
Procedures.
Where Support is Refused
Employees:
- who deny that alcohol or drug misuse is the cause of their problems;
- who do not seek appropriate support through their GP/ a relevant
agency;
- who discontinue a course of treatment before its satisfactory
completion or;
- whose level of work performance continues to be unsatisfactory after
undergoing treatment;
may be subject to the Council's Disciplinary Policy, or Capability
Procedures, as appropriate.
No Alcohol or Drug Related Problem
An employee who is not considered to have an alcohol or drug-related
problem, but who is found to be under the influence of alcohol or drugs or
has consumed alcohol or drugs at any time during the working day, will
be dealt with in accordance with the Council's Disciplinary Policy.
Support For Managers
As misuse of alcohol or drugs may affect an employee's work
performance, line managers are responsible for enforcing this policy. Online training is therefore available for both employees and managers in
how to recognise these problems and how the Council’s Drug and
Alcohol Policy should be applied. Further information on support for
employees is available from the Health, Safety & Care team. The
Health, Safety and Care team also provides information and advice and
raises awareness of risks associated with alcohol and drugs in the
workplace.
Implementation And Review
The Head of Human Resources & Business Transformation will review
this policy as per the agreed Human Resources Policy Review Timetable
in conjunction with Chief Officers and Trade Unions.
This Policy has been Equality Impact Assessed and no adverse impact
has been identified.