Transcript Drugs and Alcohol at Work Slides

Thursday 1 December 2011
Drugs and Alcohol at Work
– Key Issues for HR
Practitioners
1. Issues
 Drinking or taking drugs whilst at work
 Being under the influence of drugs or alcohol at
work
 Prescribed drugs
 Absence caused by drugs or alcohol
 Introducing and/or enforcing a policy
 Tolerance levels
 Testing, if at all
 Disciplinary or occupational issue?
 Strike???
2. Relevant Law
 HSWA 1974
 Management of Health & Safety at Work Regs
1992
 Transport and Works Act 1992
 Misuse of Drugs Act 1971
 Road Traffic Act 1988
 ERA 1996 – s98 (unfair dismissal)
 Equality Act 2010?
 Human Rights Act 1998?
 Data Protection Act 1998?
3. Need for Policy
 Sets out clear guidance and rules
 Allows employees to understand when support may
be available
 Allows employees to understand when the
disciplinary procedures may apply
 Gives guidance to managers and supervisors so
they know what action to take when faced with a
problem
 Helps meet legal responsibilities
 Helps reduce risk, accidents and absenteeism
 Reduces private healthcare premiums
4. CIPD Stats
 Just under 60% have rules in place re: drugs
and alcohol
 60% use disciplinary procedure when
managing drugs and/or alcohol misuse at
work
 Just over 25% use a capability procedure as
part of their approach to the issue
5. Policy Implementation or
Alteration
 If you need to introduce/amend a policy,
much better to consult with and gain
the support of the workforce
 Works committee/safety committee
 Message needs to be that purpose is
health, safety and welfare orientated
 Impact assessment
6. Key Elements of Policy
 Aim/objectives – policy statement as to why it exists
and who it applies to
 Responsibility – who has overall responsibility and
who will be tasked with enforcement
 Definitions – what constitutes misuse of
drugs/alcohol at work – not limited to just
recognised drugs or alcohol – consider possible
solvent misuse
 What the rules are – at work, outside of work, at
work functions/business meetings, tolerance levels
(if any) and applicable to which employees
7. Key Elements of Policy [cont]
 Support mechanisms for those with a problem,
such as counselling and rehabilitation schemes
 Confidentiality aspects for those that confess to
drug/alcohol problems
 Disclosure of use of prescription drugs which
may impair ability
 Testing
 When disciplinary action may be taken and
what would constitute gross misconduct
 When issues may be reported to the Police
8. Testing
 Does it have to be contractual?
 Pre-employment screening (35% safety
critical)
 Routine or occasional random (27% alcohol,
20% drugs safety critical)
 For cause – after accident, incident, part of
rehabilitation and/or suspicion (40% safety
critical organisations)
 Across which employees
9. Testing [cont]
 How will testing be conducted (breath, urine,
hair) – 55% breath and 64% urine (alcohol),
20% saliva, 4% hair (drugs)
 Who will be responsible for it and ensuring
equipment calibrated
 Safeguards for test results
 Implications for refusal to comply with
request for testing
10. CIPD Stats
 22% carry out testing, further 9% were
planning on introducing testing
 65% do not test at all and have no plans to
test
 Most common approach is to test when
employee suspected – “for cause”
 10% use random testing, much greater in
safety critical roles
11. Education and Training
 Key element to any successful drugs and alcohol
policy
 Particularly relevant to the effects of drugs and
alcohol and how long those effects last for
 Induction on policy and rules, regular awareness
campaigns by newsletters, emails, intranet
 Training to management on spotting signs, handling
and testing
 Only 33% train their managers/supervisors as part of
their efforts to communicate policies on drugs and
alcohol
 Only 22% train staff generally
12. FAQS
1. Can an employer undertake random drug or alcohol
testing of all employees?
2. What should the level of tolerance be to a positive
test?
3. What if an employee refuses to submit to a test under
the contract of employment or policy?
4. Are there any data protection issues arising from drug
and alcohol testing?
5. Can an employer immediately dismiss someone if
they test positive for drugs or alcohol?
13. FAQS [cont]
6. Do we have to offer counselling or rehabilitation
first?
7. Will an employee be “disabled” for the purposes of
the Equality Act 2010 if they are addicted to drugs or
alcohol?
8. Is there a possible breach of the Human Rights Act
1998 and the European Convention of Human Rights
by drugs and alcohol testing?
9. Is an employer responsible for employees drinking
alcohol at works parties?
Taylors Solicitors
Employment Team
Oliver McCann – Leanne Eddleston
Rawlings House
Exchange Street
BLACKBURN
BB1 7JN
t: 0844 8000 263
www.taylors.com
Ninth Floor
80 Mosley Street
MANCHESTER
M2 3FX