Search

This is an excerpt from the TUC book "Hazards at Work: Organising for safe and healthy workplaces", the best-selling guide to health and safety at work. To buy a copy order here (if you are a safety representative on a TUC training course please speak to your tutor about getting a discounted copy)

BASIC FACTS ABOUT DRUGS AND ALCOHOL

Substance misuse can be a workplace problem. Not only can their use lead to significant health problems – anyone under the influence of drugs or alcohol can be a hazard to themselves and others. It is not only illegal drugs that cause problems at work. Legal ones, including prescription drugs and alcohol, can be misused.

The use of alcohol and drugs socially may have no direct effect on the person’s work, but if a person comes to work under the influence of either of these it will impair their performance and can lead to them taking risks or putting others at risk. This is not just a problem for drivers, machine operators and emergency staff. It can be an issue for all groups of workers. Many drugs can also have psychological effects that can affect performance or mental wellbeing, especially after long-term use or if a dependency develops.

What is substance misuse?

Substance misuse is best described as the problematic use of alcohol, drugs and other substances. In the case of alcohol, the term misuse usually refers to binge drinking or regular heavy drinking. Misuse of prescribed and non-prescribed drugs can also be problematic.

Drug or alcohol use can become problematic when an individual uses the drug so regularly or in such quantities that they start to depend on it in order to feel normal in everyday life. Dependence can develop into addiction, where day to day life focuses on obtaining and regularly drinking or taking a drug to maintain either a physically stable state or a preferred mental state.

How much of a problem is drug and alcohol abuse at work?

Workplaces reflect local communities. Since drug and alcohol abuse are significant social problems, they are also workplace issues. Up to 45 per cent of young workers (16–29 year-olds) and 40 per cent of workers under 40 have experimented with illegal drugs. A survey by DrugScope and Alcohol Concern found that:

• 27 per cent of employers say drug misuse is a problem at work
• 60 per cent have experienced problems due to staff drinking alcohol

It is estimated that between 3 per cent and 5 per cent of all absences are lost each year due to alcohol.

Many people use alcohol or drugs to help cope with work-related stress, and if there is a problem with alcohol or drug misuse in your workplace then this may be part of a wider stress problem.

In 2006, TUC Risks No. 261 reported that a growing number of workers are turning to drink to help cope with the effects of work-related stress, according to new research. A survey of 2,200 men showed that one in five had suffered from depression or experienced aggressive outbursts as a result of stress. The study, commissioned by vitamin firm Vitabiotics Wellman, revealed that one in three men hit the bottle to try to switch off from work. The survey found 17 per cent have been to see a doctor about their stress levels. More than a quarter of men are suffering from exhaustion as a result of stress and 38 per cent are dissatisfied with their jobs, with a third feeling that there company rarely recognizes their achievements.

Employers have a responsibility to ensure the health and safety of their staff. A good employer will also want to assist any employees who have a drug or alcohol problem. Yet many employers do not have a drugs and alcohol policy dealing with the issue.

The dangers of drug testing in the workplace

The TUC has increasing concerns about the use of drug tests in the workplace fearing that it will merely serve to boost the profits of companies peddling testing regimes but do nothing for the productivity, safety or profitability of UK companies.

Drug testing is irrelevant to most employees and companies. The TUC believes that testing is only
appropriate for staff in safety-critical posts and should be part of a comprehensive safety strategy that includes support for staff who test positive.

TUC evidence to an independent inquiry into drug testing at work included the following:

• Workplace drug testing is a costly waste of time, and a gross infringement of an individual’s privacy. Testing does not prove someone’s inability to do a job; all it shows is exposure to a substance maybe months before the test took place
• While there may be a case for testing in safetycritical jobs, tests should never be randomly carried out.
• Every workplace should have a policy on drug and alcohol use drawn up by managers in consultation with union representatives. The policy should state that individual confidentiality will be maintained at all times, with the emphasis on assistance and advice, not disciplinary measures and dismissal.

A Code on obtaining and handling information about workers’ health published by the Information Commissioner’s Office (ICO) puts strict limits on the health information that can be obtained by employers and lays down standards regarding alcohol and drug testing (see Legal and Other Standards below).

LEGAL AND OTHER STANDARDS FOR PREVENTION AND CONTROL

There is no specific health and safety law dealing with drugs and alcohol at work. However, there are a number of laws that apply:

• SRSC Regulations 1977 – Chapter 3, with reference to safety representatives’ rights and consultation
• Health and Safety at Work etc. Act 1974 – Chapter 12, dealing with the general duties of employers and employees under Sections 2–9. Generally, the employer has a duty to ensure the health, safety and welfare of employees and develop a health and safety policy. Section 7 of the Act requires employees to take reasonable care of the health and safety of themselves and others who may be affected by their acts or omissions at work
• The Management of Health and Safety at Work Regulations 1999 – Chapter 13, where employers should conduct risk assessments relating to drugs and alcohol at work, if there appears to be a risk to workers. The main causes must then be treated in the same way as any other workplace hazard by the implementation of protective and preventive measures

It is an offence under the Misuse of Drugs Act for any person knowingly to permit the production,
supply or use of controlled substances on their premises except in specified circumstances (such as when they have been prescribed by a doctor). Under the Road Traffic Act and the Transport and Works Act, drivers of road vehicles must not be under the influence of drugs or alcohol while driving, attempting to drive or when they are in charge of a vehicle. Certain rail, tram and other guided-transport system workers must not be unfit through drugs or alcohol while working on the system. The operator of such a system must exercise all due diligence to avoid those workers being unfit.

ACAS guidelines on drugs and alcohol policies

ACAS provides guidelines on drugs and alcohol policies in its Health and Employment booklet. For example, ACAS states that an alcohol policy is one of the most constructive ways of dealing with drink related problems. The policy should be designed to assure those with an alcohol problem that they will be treated fairly and sympathetically and thus encourage them to seek help and assistance. Any policy needs to be developed with the commitment and involvement of both senior and middle management. Workers and their representatives should also be consulted and their views taken into account.

ACAS checklist: items to consider for a policy on alcohol at work:

• the rules on alcohol at work
• a statement that the organisation recognises that an alcohol problem may be an illness to be treated in the same way as any other illness
• a statement that the rules on alcohol at work will apply to any contractors visiting the organisation
• the potential dangers to the health and safety of drinkers and their colleagues if an alcohol problem is untreated
• the importance of early identification and treatment of an alcohol problem
• the help available – for example, from managers, supervisors, company doctor, occupational health service or outside agency
• the disciplinary position – for instance, an organisation may agree to suspend disciplinary action in cases of misconduct where an alcohol problem is a factor, on condition that the worker follows a suitable course of action
• where gross misconduct is involved, an alcohol problem may be taken into account in determining disciplinary action
• the provision of paid sick leave for agreed treatment
• the individual’s right to return to the same job after effective treatment and any conditions that may apply
• an assurance of confidentiality
• whether or not an individual will be allowed a second course of treatment if s/he relapses
• termination of employment on grounds of ill health where treatment is unsuccessful
• a statement that the policy applies to all workers
• a statement that the policy will be kept under regular review to evaluate its effectiveness

The full text of the ACAS booklet Health and Employment can be found at www.acas.org.uk/index.aspx?articleid=693

WHAT CAN SAFETY REPRESENTATIVES DO?

There are a number of positive steps that safety representatives can take to raise awareness and tackle problems related to drugs and alcohol misuse.

Membership awareness and information

Safety representatives can use posters and leaflets and take the opportunity of discussing drugs and alcohol misuse with them to see if they think that there are any problems.

Surveys and inspections

Safety representatives could conduct a survey to find out whether drugs and alcohol misuse is a problem in the workplace. This can be done on a confidential basis as some members may be reluctant to contribute otherwise. Safety representatives can also use their routine inspections or undertake special inspections to speak to members. Safety representatives should report their concerns and those of their members to management in writing.

Use Chapter 7 above for ideas on how you can make sure that management gets things done.

Drugs and alcohol policy and procedure

Safety representatives should urge their employer to have a jointly agreed policy and procedure in
relation to drugs and alcohol. Establish whether the employer already has a policy and procedure. If not, take steps to negotiate a policy with management.

Ensure that best practice is included from:

• the TUC and your trade union
• HSE and ACAS guidance and
• The Data Protection Act – Employment Practices Data Protection Code – Information about Workers’ Health

Training and information

Safety representatives should check that their employer has given all their workforce appropriate training and information on drugs and alcohol misuse and how the jointly agreed policy seeks to avoid it.

Unite – Amicus section model drug and alcohol policy

The following sets out a model company/ Unite – Amicus section Drug and Alcohol policy, to serve as a basis for negotiating a policy with your employer.

1. Introduction

.......................................................... (Company name) and Unite – Amicus section have agreed the need for a drug and alcohol policy which applies to all employees irrespective of status. Its objective is to ensure employees receive training and information on sensible drinking and drug awareness. The aim is to encourage those with drug or alcohol-related problems to seek the support of medical advice and counselling by an outside agency.

2. General principle

.......................................................... (Company name) and Unite – Amicus section recognise that drug or alcohol abuse at its various levels is a health problem requiring sympathetic help and special treatment. It is the aim of this policy to provide this.

3. Organisation

.......................................................... is the Director with responsibility for implementation of this policy.

.......................................................... will be responsible for advice on suitable outside agencies and counsellors.

.......................................................... will be responsible for implementing a training programme. The names of external drug and alcohol counselors and how they can be contacted will be posted on notice boards. All such counsellors will be made aware of this policy on drugs and alcohol.

4. Arrangements

4.1 Information
Every employee will be given a summary of the main points of this policy, and anyone with a drug or alcohol-related problem will be encouraged to seek counselling. A training session and leaflets on sensible drinking and drug awareness will be provided and repeated periodically.

4.2 Removal of stress
It is accepted that stress at work can contribute to drug or alcohol abuse. We are therefore committed to identifying and reducing workplace stress factors.

4.3 Reducing opportunity to drink at work
Research shows quite clearly that some jobs involve a much higher risk of alcohol abuse than others. The social pressure to drink can be stronger in some working communities. Irregular hours, travel and separation from the family, and the strain of a heavy workload are just some of the common job-related causes of alcohol abuse.

The Company and Unite – Amicus section recognize that such problems, coupled with the opportunity to drink at work, creates a hazard. Therefore, alcohol will not be available on company premises during working hours. This will apply throughout the company, at all levels, without exception. Also at any social functions organised by the company or Unite – Amicus section, among the beverages provided, there will always be non-alcoholic drinks available.

4.4 Solvent abuse at work
Where problems involve the deliberate or unintentional abuse of solvents, whether or not used in the workplace, the person concerned will be covered by this policy. Where abused solvents are specifically workrelated, the employer will ensure that the use of solvents has been subject to the provisions of the Control Of Substances Hazardous to Health Regulations, that the risks involved have been assessed and that measures have been taken to reduce all exposures to solvents to the lowest that is reasonably practicable.

4.5 Prescribed drugs
Where problems involve the deliberate or unintentional abuse of prescribed drugs, the person concerned will be covered by this policy.

5. Confidentiality

The company undertakes to ensure that any counselling is strictly confidential, and that any records compiled by a counsellor will be treated as the individual property of that counsellor. No discussions about an employee will take place between the company and the counsellor without the written permission of the person concerned. All employees will have the right to be represented by their Unite – Amicus section representative in any meeting with the company if they so wish. If an employee gives their written consent, then their Unite– Amicus section official will be kept informed at all stages of the treatment.

6. Job security

The company accepts that job security will be maintained for any employee participating in treatment and/or counselling in an attempt to deal with drug or alcohol abuse.

Where an employee has to be away from work to undergo treatment, their job will be held open in accordance with normal sickness procedures. However, it has to be accepted that, in the long-term, job security must depend on work returning to an acceptable level. Advice will be sought and consideration given as to whether the person’s original job would be consistent with maintaining recovery. The employee’s pension rights will be protected during treatment and counselling.

7. Disciplinary procedures

Drug or alcohol abuse will not in itself constitute grounds for dismissal, unless the person’s action or performance reaches an unacceptable level. Such cases will be dealt with under normal disciplinary procedures with the employee’s appropriate Unite – Amicus section representative being involved at all stages.

Where an employee is referred for treatment under this policy, any disciplinary procedures associated with drug or alcohol abuse will be suspended and remain so for the duration of the treatment.

Where an employee with an drug or alcohol-related problem is able to continue to perform his/her duties while undergoing treatment, adequate time off for treatment will be allowed.

Relapses will be referred to the independent counsellor for assessment, and consideration given to further job protection.

8. Treatment and advice

Any employee with a drug or alcohol-related problem is encouraged to seek guidance and assistance from the recommended local counselling agency.

Where indicators, such as poor work performance, absenteeism, poor health or deteriorating behaviour, indicate a possible problem, employees will be advised to refer themselves for confidential counselling and advice. Paid time off for counseling and treatment will be allowed in accordance with the normal sick pay scheme. Refusal of treatment will not in itself be grounds for discipline, unless an employee’s action or performance reaches an unacceptable level. Such a case would then be dealt with under normal procedures, with the involvement of the appropriate Unite – Amicus section representative at all stages.

9. Testing

The company agrees that there will be no random or company-wide drug or alcohol testing. Any proposals to introduce testing will be discussed in detail between the employer and Unite – Amicus section, in the light of the practical, legal, industrial relations and ethical implications. Proposals for testing will be subject to the Unite – Amicus section policy on Medical Examinations and Health Surveillance. This requires: – written justification for the tests – description of test procedures and their verification/effectiveness – stating of standards to be reached – the consequences of failing the test – safeguards on continuity of employment – verification of the qualifications of the testers – medical confidentiality of results.

If testing procedures are agreed, they must only be enacted on suspicion based on specific personal observations that the person concerned is under the influence of drugs or alcohol. Tests will be at the expense of the company.

Any person testing positive shall have the right to challenge the results and obtain an independent
analysis of the sample. Any person testing positive, who accepts the results, will be referred for treatment and advice in accordance with the rest of this policy.

The full text of the Unite – Amicus section model policy can be found here

FURTHER INFORMATION (in alphabetical order)

ACAS

• Guidance on alcohol and drugs

Alcohol Concern

Information and policy developments on alcohol

DrugScope

News and resources on drugs and drugs policies

Hazards magazine factsheets (see Section 6.2 for contact details)

• No. 89: Workers’ Health Information
• No. 85: Workplace Privacy
• No. 77: Drugs and Alcohol Policies
• No. 65: Violence at Work
• No. 55: Drugs: Workplace Law, Policies and Screening
  £1.50 each for union subscribers. £6 for non-subscribers

Hazards magazine website

Excellent news and resources on alcohol and drugson the Hazards web resource page

HSE drugs and alcohol website

The HSE has a specific web page which draws together HSE information on drugs and alcohol into one place.

HSE priced and free publications on drugs and alcohol

• For all the latest documents containing general standards and guidance on drugs and alcohol, go to the HSE web page
• Alternatively, obtain a free copy of the latest HSE Books catalogue, CAT 34, by telephoning 01787 881165

Information Commissioner’s Office

Employment Practices Data Protection Code: Part 4 Information About Workers’ Health

International Labour Organisation (see Section 6.4 for contact details)

• Resources on workplace drug and alcohol abuse programmes

Labour Research Department (see Section 6.2 for contact details)

• Drug and Alcohol Policies at Work £5.10
• Monitoring and Surveillance – a Guide to Privacy at Work £4.00

TUC (see Section 6 for contact details)

• The TUC drugs and alcohol web page
• TUC workSMART web page: drugs and alcohol support at work
• Drunk or Disordered: a TUC Guide to Tackling Alcohol and Drugs at Work
• Essential information for safety representatives. Keep up to date on health and safety by reading Risks, the TUC’s weekly e-bulletin for safety representatives.

Trade union information

• Many unions provide guidance on drugs and alcohol. The website addresses of all trade unions are on the TUC website
• Hazards magazine has listed the health and safety pages of most trade unions
• Contact your union or visit your union’s website to find out if they produce any guidance. For example, Unite – Amicus section has produced drugs and alcohol resources for members