The policy applies to all Salford City Council staff

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					                                         PART 1                      ITEM NO. 4
                                         (OPEN TO THE PUBLIC)



                   REPORT OF THE LEAD MEMBER FOR
       STRATEGIC DIRECTOR FOR CUSTOMER AND SUPPORT SERVICES


            TO The Customer and Support Services Lead Member Briefing

                                    ON 26th March 2007



TITLE: HR Policy – Substance Misuse in the Workplace


RECOMMENDATION:

That the new policy be approved


EXECUTIVE SUMMARY:

This policy has been developed to deal appropriately with instances of substance
misuse at work by employees as well as providing sources of information and guidance
to employees who may need assistance to deal with substance misuse issues.




BACKGROUND DOCUMENTS:
(Available for public inspection)

Documents and other research information provided by the council’s Drug and Alcohol
Action Team and information available through the Chartered Institute of Personnel and
Development,


ASSESSMENT OF RISK: Low


SOURCE OF FUNDING: Not Applicable


LEGAL ADVICE OBTAINED:              Not Applicable
FINANCIAL ADVICE OBTAINED:         Not Applicable


CONTACT OFFICER:         Jean Carter, Principal HR Adviser
TEL. Ext 3275


WARD (S) TO WHICH REPORT RELATE (S): All


KEY COUNCIL POLICIES: Equality and Diversity, Health, Social Exclusion
DETAILS:
Background
Substance misuse, particularly drug and alcohol misuse, is a serious problem in society
today. The availability of alcohol and illegal drugs can lead to experimental, recreational
and dependent use which may affect an individual’s ability to do their job effectively. It is
also important that the council attracts retain and develops a healthy workforce. It is
therefore important that steps are taken to inform staff about issues relating to
substance misuse.

The council’s Substance Misuse at Work Policy
In order to address the issues referred to above, the attached policy has been
developed in collaboration with colleagues across the HR Division, with particular input
from the Occupational Health Department. The council’s Drug and Alcohol Action Team
(DAAT) has also contributed significantly to the development of this document. Draft
letters for managers and guidance notes for managers are being prepared in
consultation with the DAAT and will be incorporated into the appendices of the
document once finalised.

The proposed implementation date for the policy is 1st April 2007.

The policy has a number of aims:
To protect the health and welfare of employees
To ensure all employees understand the dangers and harmful effects of substance
misuse
To ensure all employees are aware of their responsibilities regarding substance misuse
at work
To ensure that problems are identified and dealt with at the earliest stage possible and
To ensure support and assistance is offered to those having a substance misuse
problem which affects their work.

Consultation
The trade unions have been sent a copy of the draft policy and asked for their views by
Wednesday 21st March 2007 as part of the consultation process. John Torpey, from the
GMB has stated that he does not have any comments. No response has yet been
received from John Lewis, from UNISON.

This policy will supersede the existing Drug and Alcohol in the Workplace policy.

Training
A Briefing session has been arranged for the HR department, which will include
contributions from the DAAT. The main purpose of the session will be to raise
awareness of issues relating to substance misuse, introduce the policy and provide
specific information and advice to HR staff to advise managers on addressing
sensitively substance misuse issues with members of their staff. The DAAT is also
creating an e-learning training package. Training will also be available for managers
within directorates.

Monitoring
The policy will be monitored and reviewed annually.
FINAL DRAFT

Substance Misuse at Work Policy
Contents                                                                                                         Page

Scope and responsibility...................................................................................1

Definition...........................................................................................................1

Statement of intent............................................................................................1

Health education, training.................................................................................3

Access to support services for self-referral.......................................................3

Rules.................................................................................................................3

General procedures..........................................................................................4

Procedures for dealing with employees whose work
performance/conduct has become affected by their
substance misuse.............................................................................................4

Relapses...........................................................................................................8

Withdrawal programmes...................................................................................9

Confidentiality...................................................................................................9

Conclusion........................................................................................................9

Monitoring and review......................................................................................9

Appendix 1: Services in Salford......................................................................10

Appendix 2: Services in Surrounding Areas...................................................12

Appendix 3: Non Statutory Services across Greater Manchester
- Head Office details.......................................................................................14

Appendix 4: Seeking Information and Education............................................15

Appendix 5: Identification of a Substance Misuse Problem............................16

Appendix 6: Relevant Legislation...................................................................18

Appendix 7: Guidance Notes for Managers – To follow

Appendix 8: Draft letters for Managers – To follow

Appendix 9: Flow chart – Key stages in process
1.    Scope and responsibility

         The policy applies to all Salford City Council staff, except school
          based staff.
         Different procedures may apply to employees in some specific work
          areas and/or occupations, which override this policy and may
          include a total ban on alcohol consumption. Please consult your
          manager for further information.
         This policy has been developed in conjunction with employees, their
          representatives and all interested parties.
         All staff are responsible for adhering to the policy and reporting
          breaches of the policy.
         Managers at all levels are responsible for administering and
          monitoring the policy.


2.    Definition
2.1   For the purposes of this policy “substance” is defined as "alcohol,
      prescription and/or illegal drugs, solvents and other substances which
      harm or have the potential to harm the individual (both physically and
      mentally)"

2.2   For the purposes of this policy “substance misuse” is defined as :

      "Behaviours resulting from the misuse of alcohol, prescription and/or
      illegal drugs, solvents and other substances which harm or have the
      potential to harm the individual (both physically and mentally) and
      through the individual's actions, other people and/or the environment."

      This policy is not intended to cover occasions where an employee is
      unable to perform their duties satisfactorily as a result of an incident of
      substance misuse. The normal response of a manager in these cases
      is to refer to the Disciplinary Procedure and proceed accordingly,
      ensuring that records are kept.


3.    Statement of intent
3.1   The Council recognises that employees may experience problems
      resulting from the use of substances at points in their lives and will
      support them to achieve a resolution to the problem.

3.2   It must be emphasized, however, that the existence of the Policy does
      not override the existing Disciplinary Procedure, workplace rules of
      Code of Conduct with regard to intoxication and taking of substances at
      work, or substance related offences whilst off duty.
3.3   The aim of this Policy is to promote the development and maintenance
      of a healthy and safe working environment by reducing the possible
      occurrence of problems associated with the habitual, excessive and/or
      inappropriate use of substances.

3.4   This Policy is designed to encourage and support employees with a
      substance misuse related problem to seek assistance and guarantees
      that they will be treated with the utmost confidentiality from all the
      relevant support agencies available.

3.5   The Policy comprises three major components:-

         Health education, training and information.
         Access to support services by self-referral.
         Procedures for dealing with staff whose work performance and/or
          conduct has become affected by their misuse of substances.

3.6   The council is concerned that the use of substances by any of its
      employees should not adversely affect their health and personal life
      with consequential effects on their attendance and work performance.

3.7   The Policy has the following aims:

         to protect the health and welfare of employees;
         to ensure all employees understand the dangers and harmful
          effects of substance misuse;
         to ensure all employees are aware of their responsibilities regarding
          substance misuse at work;
         to ensure problems are identified and dealt with appropriately at the
          earliest stage possible; and
         to ensure support and assistance is offered to those having an
          alcohol, drug or other substance misuse problem which affects their
          work performance.

3.8   The misuse of substances has an operational impact. Impaired
      performance resulting from substance misuse results in diminished
      service to members of the public and poses serious health and safety
      risks to the employee concerned and their colleagues.

3.9   Nothing in this policy and procedures or their application shall be
      construed so as to prevent or inhibit the operation of the law. Any
      instances of possession of or dealing in illicit drugs work will be
      reported to the police.
4.    Health education, training and information
4.1   This Policy aims to:-

         alert employees to the problems or dangers associated with
          substance misuse;
         provide support and guidance for Directors, Senior Managers, Line
          Managers, Shop Stewards and Human Resources staff in ways of
          handling staff who misuse substances;
         direct employees and managers to services and websites to
          educate employees about the hazardous effects of substance
          misuse, please see Appendices 1 – 5;
         make employees aware of the range of support services/referral
          agencies offering counselling and practical support in overcoming
          problems resulting from substance misuse.
         ensure that specific awareness training is provided for HR staff.


5.    Access to support services for self-referral
5.1   Employees who are concerned about the possibility of their misuse of
      substances are encouraged to identify support services appropriate to
      their needs at the time, please see Appendices 1 – 5.

5.2   In order to encourage and support self-referral, the council will:-

         Provide for paid time off where necessary to employees receiving
          appropriate treatment/help, in accordance with the National and
          Local Conditions of Service, provided that there is full co-operation
          from the employee, and that they abide by the requirements of a
          supervised treatment programme;
         In cases where absence from work is necessary, an employee will
          be entitled to claim sick pay under the sickness scheme, providing
          they are complying with the provision of the scheme.


6.    Rules
6.1   No employee will report for work if they are unfit to perform their duties
      satisfactorily as a result of taking alcohol, drugs – including prescribed
      drugs – or other substances. This could constitute gross misconduct
      under the Disciplinary Procedure. Please see Section 8.3.

6.2   No employee is allowed to possess, consume, sell or give away illicit
      substances whilst at work. This could constitute gross misconduct
      under the Disciplinary Procedure. Please see Section 8.3.
7.    General procedures
7.1   Employees in certain roles such as those with a duty of care to service
      users or acting in loco parentis (e.g. teachers, social workers etc) or
      those who are operating machinery, driving who are found to be unfit to
      perform their duties satisfactorily as a result of taking substances may
      be liable for dismissal, depending on the circumstances.

7.2   All employees should be assured that advice, assistance and
      encouragement will be offered to anyone who is identified as possibly
      having a substance misuse problem that may adversely affect their
      work.

7.3   Employees may request help voluntarily, through peers or
      management and may bring a trained full time official, a trained shop
      steward, or another employee of the council to discussions for support.

7.4   The employee will be advised of the consequences if help is refused or
      relapse occurs.


8.    Procedures for dealing with employees whose work
      performance/conduct has become affected by their
      misuse of alcohol, drugs or other substances
8.1   Initial Considerations

      The earlier a substance misuse related problem is identified, the easier
      it is to respond and address. Managers have a key role to play in the
      early identification of a problem and they should not rely on colleagues
      or supervisors perceiving a substance misuse problem. The
      Occupational Health Department has an important role to play in
      providing support and assistance. They are able to refer employees to
      relevant treatment services commissioned by the Drug and Alcohol
      Action Team and seek their advice. However, employees who are
      identified as possibly being affected by substance misuse, whether by
      observation, poor/diminished performance or conduct, via a
      Disciplinary Procedure, Capability Procedure or Attendance
      Management Procedure, or by their own admission, will be given the
      following assistance and support:-

      a) Discussions will initially take place with the employee and their
         Manager, following advice from Human Resources. The employee
         should also be given the right of representation by a Trade Union
         Official, a trained shop steward, or another employee of the council.
         The focus of the meeting should be to make appropriate enquiries
         into the relevant issues and circumstances. It may or may not be
         possible to make a clear determination about the nature of the
          employee's problem. However, factors affecting work performance
          and the desire to help and guide the employee to treatment should
          be stated, as appropriate.

      b) The possible course of action to be taken will depend on whether a
         problem is identified and whether or not the employee accepts
         he/she has a problem.

      Managers should refer to Appendix 5 of this document to identify key
      signs of substance misuse.

      It should be stressed that the indicators detailed in Appendix 5 may not
      necessarily point to a substance misuse problem. Nevertheless, there
      are adverse consequences for the individual and the organization in
      failing to recognise a problem at an early stage. In any event the signs
      of substance misuse may be reinforced by either deterioration in
      performance, i.e. capability, or an employee's conduct at work.

8.2   Procedures

      (a) Initial Meeting

      If it is suspected that an employee's lack of capability or their
      misconduct at work is linked to substance misuse, the following
      procedures should be followed:-

         The manager should convene a meeting with the employee and
          notify the employee of the date, time and location, giving the
          employee reasonable notice and time to prepare. A representative
          from Human Resources may attend the meeting. The employee
          should be given the right of representation by a full time trade union
          official, a trained shop steward, or another employee of the council.
          A detailed record should be made of all meetings

             During this meeting the manager should;

           Seek to establish whether or not the employee’s performance or
            behavioural change is as a consequence of substance misuse.

           Where possible, determine if there is an underlying cause which
            has triggered this misuse. Substance misuse is often triggered
            by life changes, which may be due to physical or mental health,
            difficulties in the workplace or home. Advice may need to be
            sought from the Occupational Health Department.

      Guidance notes to prepare for the meeting and questioning techniques
      are attached at Appendix 7
(b) Outcomes:-

Where an employee accepts that they have a substance misuse
problem:-

    the employee will be referred to the Occupational Health
     Department for counselling and medical advice; the case will
     normally be dealt with through appropriate medical referral
     arrangements, the outcome of which will depend on the co-
     operation of the individual concerned and the effectiveness of
     any treatment. The outcome of the meeting will be confirmed in
     writing. Please see Appendix 8A for draft letter.

    Where the Occupational Health Department considers that the
     employee has a substance misuse problem, then the employee
     may be referred for treatment to a specialist support agencies.

    Attendance at counselling sessions with the appropriate support
     agency will be permitted during working hours if the employee is
     considered fit enough to remain in work.

    Alternatively, in the event that the employee is absent due to
     sickness, attendance at counselling sessions will be negotiated
     between the support agency and the employee concerned.

    Where an employee who is absent due to sickness is referred
     and complies with specialist treatment, the Occupational Health
     Department will advise the employee's manager on the
     employee's suitability to return to work at an appropriate stage.
     Employees who comply with the requirements of the programme
     will return to their original position when fit to do so without any
     detriment. Any period of absence will be managed in line with
     the Attendance Management Policy and pay will be reduced in
     line with the occupational sickness scheme.

    If, following the treatment programme, the employee is still
     unable to fulfill the tasks denoted in his/her job description and
     should the Occupational Health Department support the course
     of action, the manager will then discuss the possibility of
     redeployment with the employee. The employee will then be
     managed in line with the Redeployment Procedure.

    If, however, there are no suitable alternative posts available
     within the council, then it will be necessary to issue the
     employee with 12 weeks notice in accordance with the
     Redeployment Policy and throughout this period of notice
     suitable alternative posts will continue to be sought. It may be
     appropriate to discuss with the employee the option of
     retirement on the grounds of ill health if the associated sickness
     has reached a position which may normally be considered for
     such action or consider the matter in accordance with the
     Capability Procedure depending on the circumstances of each
     case. Should the employee be absent from work throughout this
     process or be experiencing high levels of absence it may also be
     necessary to manage them in line with the Attendance
     Management Procedure.

    If at any point during the above procedure the employee fails to
     comply with the treatment programme, consideration will be
     given to whether disciplinary action would be appropriate.

Where the employee denies that they have a substance misuse
problem:-

    the factors affecting his/her work performance should be
     outlined to the employee and the desire to help the individual
     should be stated. The employee should also be advised to seek
     assistance from their Trade Union. If following these discussions
     the employee accepts a problem exists and requires assistance,
     then the procedure outlined above should be initiated. This
     should be handled patiently and sensitively.

    If the employee continues to deny or acknowledge that he/she
     has a problem with alcohol, drug or substance misuse, then
     he/she should be informed of the requirement to improve his/her
     work performance in line with the Capability Procedure. The
     employee should also be advised of the right to be represented
     by a full time Trade Union Official, a trained shop steward or
     another employee of the council. The manager should give clear
     guidance to the employee on the gaps in his/her work
     performance and the levels of improvement required. He/she
     should be told that their performance will be monitored over a
     period of time in line with the Capability Procedure. If, during this
     period of ongoing counselling and monitoring, his/her work
     performance has not improved, then this may lead to dismissal.
     The outcome of the meeting will be confirmed in writing. Please
     see Appendix 8B for draft letter.

    Referral to the Occupational Health Department should also be
     considered.

    Where the employee is in a post where there may be immediate
     health and safety concerns if they were to remain at work, the
     employee should be sent home. It may be appropriate to refer
     the employee to the Occupational Health Department. Medical
     suspension should also be considered

    Where an employee is referred for treatment and counselling
     and agrees to comply with the requirements of the programme,
              but this ongoing treatment has subsequently failed, Capability
              and/or Attendance Management Procedures or the Disciplinary
              Procedure should be used. Further advice should be sought
              from Human Resources.

8.3.   Disciplinary action

a.     Assistance under this policy does not apply to anyone who, because of
       substance misuse, behaves in a manner contrary to the standards of
       conduct required by the council.

b.     Such behaviour will be dealt with in accordance with normal disciplinary
       procedures, until subsequent investigation has taken place, which
       would determine whether this route is the most appropriate.

c.     The disciplinary rules set standards of conduct at work which benefit
       both the employer and the employee. These standards must be
       adhered to and failures to observe them will result in the appropriate
       disciplinary action being taken; an example of an act which might
       constitute gross misconduct as stated in the Disciplinary Rules for
       council employees is being unfit to perform duties satisfactorily as
       a result of substance misuse.

d.     Gross misconduct is that which is serious enough to destroy the
       employment contract and make any further working relationship
       impossible. An employee suspected of committing an act of gross
       misconduct will normally be suspended on full pay in accordance with
       the Disciplinary Procedure. If it is decided following a thorough
       investigation and subsequent hearing that an employee has committed
       such an act they would normally be dismissed without notice or pay.

e.     Where this situation arises, action must be taken under the Disciplinary
       Procedure. Managers must seek advice from Human Resources
       before taking any action.


9.     Relapses
       Following return to work, after or during treatment, should work
       performance again deteriorate as a result of substance misuse, each
       case will be reconsidered on its merits, and if appropriate and
       reasonable, a further opportunity to accept and co-operate with
       treatment will be offered. However, it must be recognised that
       continued failure to comply with the requirements of treatment for
       substance misuse and failure to meet operational/performance
       standards previously outlined to the employee concerned may leave no
       other alternative than action being taken under the Disciplinary
       Procedure, Capability Procedure or Attendance Management
       Procedure, as appropriate. Advice should be sought from Human
       Resources.
10.   Withdrawal programs
      Substance withdrawal programmes are supervised by specialist
      external agencies and in some cases may involve the prescription of
      substitutes, e.g. methadone. In such situations, an employee may need
      to administer prescribed drug substitutes on a daily basis in order to
      avoid the effects of withdrawal. Therefore, if, as part of a withdrawal
      programme, employees are required to consume methadone, subutex
      or other prescribed drugs, they should seek further advice from the
      Occupational Health Department and must be informed that
      consumption should take place at home or under a pharmacist's
      supervision wherever possible.


11.   Confidentiality
      All employer, Occupational Health Department, and treatment agency
      discussions with employees are confidential subject to the provisions of
      the law, and the confidential nature of any records of employees with a
      drug or alcohol-related problem will be maintained unless there is a risk
      to life, the safety of others or potential criminal activity. Employee
      consent to disclosure will be sought to enable the Occupational Health
      Department to contact the relevant support agency regarding
      compliance with the treatment and progress made and be able to fully
      disclose this information to the council.


12.   Conclusion
      This Policy is integral to the council's commitment to employee welfare
      and is designed to encourage employees who believe they have a
      problem to seek advice and support before their alcohol, drug or
      substance misuse problem affects their performance. In this respect,
      employees are strongly advised to seek assistance via self referral to
      one of the specialist support/treatment agencies listed in the
      Appendices 1 - 5.


13.   Monitoring and review
      The progress of this policy will be monitored and its effect reviewed
      annually.
Appendix 1

Services in Salford


 Name                               Services                       Tel              Address

 Salford Community Drug Treatment   Assessment/Induction/Specialist 0161 787 7343   1 King Street
 Service                            / Shared Care                                   Eccles
                                                                                    M30 OAE

 The Haysbrook Centre               Assessment/Induction/Specialist 0161 703 8873   Haysbrook Centre
                                    / Shared Care                                   4 Haysbrook Avenue
                                                                                    Little Hulton
                                                                                    M28 OAY

 STASH - Structured Day Care        Education/fitness/leisure      0161 745 9566    The Red Door
                                    Employment                                      Mona Street (off
                                                                                    Gloucester Street)
                                                                                    Pendleton
                                                                                    Salford
                                                                                    M6 6WY

 Progress to work                   Employment support             0161 237 5500    CPG House
                                                                                    Cobden Street
                                                                                    Pendleton
                                                                                    Salford

 Parents and Carers Support Group   Group based support for the    0161 743 0167    Salford Opportunities
                                    families of people with drug                    Centre
                            problems                                      Paddington Close
                                                                          Churchill Way
                                                                          Salford
                                                                          M6 5PL

Salford Alcohol Services:   Community Alcohol Treatment   0161 745 7227   6 Acton Square
                            Service                                       The Crescent
                                                                          Salford
                                                                          M5 4NY
Appendix 2
Services in Surrounding Areas


Name of Organisation              Local       Telephone       Address
                                  Authority
                                  Area
Oldham Substance Misuse Service   Oldham      0161 624 9595   111 Union Street
                                                              Oldham
                                                              OL1 1RU
Trafford Community Drug Team      Trafford    0161 624 9595   1-3 Ashton Lane
                                                              Sale
                                                              M33 6WT
Trafford Alcohol Service          Trafford    0161 747 1841   Cornhill Clinic
                                                              Cornhill Road
                                                              Davyhulme
                                                              Manchester
                                                              M41 5SZ
Wigan Substance Misuse Service    Wigan       01942 826880    3 Meeks Building
                                                              Bretherton Row
                                                              Wigan
                                                              WN1 1LL
Bolton Substance Misuse Service   Bolton      01204 397129    26 Higher Bridge Street
                                                              Bolton
                                                              BL1 2HA
Bury Substance Misuse Service     Bury        0161 253 6488   4 Tenterton Street
                                                              Bury
                                                                    BL9 0EG
Community Drugs Team                   Stockport    0161 419 4441   St Thomas Hospital
                                                                    59b Shaw Heath
                                                                    Stockport
                                                                    SK3 8BL
Community Alcohol Team                 Stockport    0161 474 0558   South Reddish Clinic
                                                                    Sandy Lane
                                                                    Reddish
                                                                    Stockport
                                                                    SK5 7QU
Rochdale Community Drugs Team          Rochdale     01706 702170    13 St Chads Court
                                                                    Rochdale
                                                                    OL16 1QU
Alcohol Information Centre             Rochdale     01706 860033    132 Drake Street
                                                                    Rochdale
                                                                    OL16 1PN
Manchester Drug Service                Manchester   0161 273 4040   The Bridge
                                                    0161 773 9121   104 Fairfield Street
                                                                    Manchester
                                                                    M1 2WR
Manchester Community Alcohol Service   Manchester   0161 223 9641   1 Campion Walk
                                                                    Beswick
                                                                    Manchester
                                                                    M11 3RS
Substance Misuse Service               Tameside     0161 339 4141   Lees Street Clinic
                                                                    Lees Street
                                                                    Ashton-under-Lyne
                                                                    OL6 8NU
Appendix 3

Non Statutory services across Greater Manchester – head office details

 Name                                    Salford Service              Tel               Address

 Lifeline                                Yes, SMART Young             0161 834          101-103 Oldham Street
                                         People’s service             7160              Manchester
                                                                                        M4 1LW

 Turning Point                           Yes, housing support,        0161 245          Murray House
                                         workplace support in         3379              China Lane
                                         development                                    Manchester
                                                                                        M1 2AY
 Alcohol & Drugs Service                 No                           0161 834          87 Oldham Street
                                                                      9777              Manchester
                                                                                        M4 1LW

 Manchester Action on Street Health      No                           0161 953          Units 89-91
                                                                      4107              23 New Mount Street
                                                                                        Manchester
                                                                                        M4 4DE




For services outside of Greater Manchester visit the ‘getting help’ section of www.talktofrank.co.uk or contact the local
Drug and Alcohol Action Team (up to date contact details are available from www.drugs.gov.uk ).
Appendix 4

Seeking information and education


The following web sites provide information regarding drugs, alcohol , advice and
training:
Salford Drug and Alcohol Action Team – www.daatis.info
drugs.gov – www.drugs.gov.uk
Government website providing official government information and guidelines
Drugscope – www.drugscope.org.uk
National Drugs Charity
FRANK www.talktofrank.co.uk
National drugs information helpline for young people, parents and carers
HIT www.hit.org.uk
Training provider and publications
Lifeline - www.lifeline.org.uk
Service Provider and publications
National Treatment Agency (NTA) www.nta.nhs.uk
The National Treatment Agency for substance misuse, provides funding for
treatment and monitors quality of service
Advice is available via the Salford Drug and Alcohol Helpline which is 0161 909 6525
To arrange free Drug and/or Alcohol training for managers and employees contact
the DAAT on 0161 603 4171




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Appendix 5

Identification of substance misuse problem
The problems resulting from alcohol, drug or substance misuse may possibly be
manifested by the following signs:-
      a) Alcohol Misuse
               (i)        Frequent lateness or short-term absenteeism, particularly
                          related to Mondays and Fridays.
               (ii)       Obvious smell of drink over a period of time or during
                          working hours.
               (iii)      Mood changes, irritability, lethargy.
               (iv)       Deterioration in relationships with colleagues, borrowing
                          money, personal problems within the home.
               (v)        Excessive and regular lunchtime drinking.
               (vi)       Signs of intoxication, e.g. flushed face, slurred speech,
                          bleary eyes, unsteady gait, hand tremors.
               (vii)      Poor personal hygiene.
               (viii)     Accident prone.
               (ix)       Decline in work performance and concentration, and
                          productivity.
The above signs may, or course, indicate that other problems exist, but the
possibility of an alcohol problem should always be borne in mind.

         b) Drug Misuse

It must be borne in mind that employees may either be misusing prescribed
medication or abusing unlawful drugs/substances.

The most commonly used drugs/substances in the United Kingdom are:-
               (i)    Cannabis: Cannabis is the most commonly used drug
                      among 11 to 25 year olds. Cannabis is found in many
                      forms – resin, dark oil, or leaves. It can be rolled in a
                      spliff/joint and smoked or cooked and eaten in food. It
                      creates a feeling of relaxation; it may make users talkative
                      and bring on cravings for food.
               (ii)   Amphetamines: This is the second most widely used drug
                      in the UK. In the long-term, users may experience
                      exhaustion, inability to concentrate and paranoia. It is
                      estimated that 24%of those aged under 18 may have
                      experimented with amphetamines
               (iii)  Heroin: Heroin is a brownish-white powder which is
                      smoked, snorted, or dissolved and injected. Small doses
                      give the user a sense of warmth and well being, larger
                      doses can make them feel drowsy and relaxed.
               (iv)   Cocaine: Cocaine as a drug stimulates the central nervous
                      system. Short-term effects include a marked increase in
                      energy, alertness and a feeling of well being, which leads
                      to exhaustion and an inability to concentrate. Prolonged
                      misuse leads to anxiety, memory loss and paranoia.


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                         (v)      Crack: Crack is a solid form of Cocaine powder, it comes in
                                  raisin sized crystals which are smoked, It has the same
                                  effects as cocaine, but a more intense and shorter high.
                         (vi)     Hallucinogens: i.e. drugs that alter mood and perception,
                                  e.g. LSD, Ecstasy.
                         (vii)    Solvents, i.e. substances that alter perception and mood,
                                  e.g. glue, lighter fuel, thinners.

It is difficult to generalise on the best means of identifying drug misuse in the
workplace as each drug has a very different effect. Possible signals and side-effects
to look out for are:-
                            i)     accident prone;
                            ii)    confusion and possible hallucinations;
                            iii)   unbalanced emotions, mood swings;
                            iv)    injecting can cause infection leading to sores,
                                   abscesses, jaundice or blood poisoning;
                            v)     sudden changes in behaviour patterns;
                            vi)    unexpected irritability or aggression;
                            vii)   poor time-keeping;
                            viii)  drowsiness, sleeplessness, lethargy and/or
                                   exhaustion "Monday morning feeling";
                            ix)    unusual smells, stains or marks on the body or
                                   clothes;
                            x)     in possession of unusual powders, tablets, capsules,
                                   scorched tinfoil, needles or syringes;
                            xi)    in possession of unusual powders, tablets, capsules,
                                   scorched tinfoil, needles or syringes;
                            xii)   borrowing money from colleagues.




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Appendix 6

Relevant Legislation

The following Acts of Parliament and legal procedures influence the use of drugs and
alcohol in the workplace and the action employers should and may take.

The Health & Safety at Work Act 1974

The Data Protection Act 1998

The Railways and Transport Safety Act 2003

The Transport and Works Act 1992

Management of health and Safety at Work Regulations 1992

Provision and Use of Work Equipment Regulations 1998

Corporate Manslaughter

Negligence

The Employment Rights Act 1996

The Human Rights Act 1998




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Action programme for dealing with substance misuse
Key Stages

  Problem identified

  Initial approach - causes discussed                             Right to representation if desired in line
  with employee                                                   with the policy.

                                No
  Believe substance                      Exit Substance Misuse Policy and
  misuse a cause?                        consider taking action under the
           Yes                           attendance management / capability /
           No                            disciplinary procedure where appropriate.
                                No
  Does employee
  accept substance
  misuse a problem?
           Yes
           No
  Seek advice from Occupational Health
  Department / other agencies as required                            Exit Substance Misuse Policy and
                                                                     consider taking action under the
                                                             No      attendance management /
  Occupational Health department believe                             capability / disciplinary procedure
  substance misuse the cause?                                        where appropriate

              Yes
              No
                                       Yes                                      Yes
  Employee complies                    No                                       No
  with treatment?                                 Fit to return to job                 Routine monitoring
              N
                                                  after treatment?
                                                                     No
              o
  Performance acceptable?                         Apply redeployment or
                                         Yes
              No                                  Attendance Management
                                                  Policies or consider for ill
  Monitor under capability /                      health retirement.
  attendance management /
  disciplinary procedure as
  appropriate and consider                        Routine monitoring
  taking action under the
  attendance management /
  capability / disciplinary
  procedure where appropriate
  Performance acceptable?                Yes      Routine monitoring
           No

  Further action dependant on policy being applied.




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