ALCOHOL AND DRUG MISUSE POLICY AND PROCEDURE

Transcription

1 ALCOHOL AND DRUG MISUSE POLICY AND PROCEDURE Ref Date Purpose of Issue/Description of Change PTHB HR017 August 2006 Planned Review Date 31/03/2011 Responsible Officer Approved by Committee / Board / Group Date Approved by Committee / Board / Group Approved by the Policy Review Sub-Group Approved by the HR Committee October 2006 November 2006 Bwrdd Iechyd Addysgu Powys yw enw gweithredol Bwrdd Iechyd Lleol Addysgu Powys Powys Teaching Health Board is the operational name of Powys Teaching Local Health Board

2 AMENDMENTS Date Description of Change Section Involved COMPLIANCE 1. Each THB must provide evidence that, through appropriate communications, managers and employees understand the Policy and Procedure and their personal obligations. 2. Each THB must provide evidence that external agents acting on behalf of the organisation are aware of the Policy and Procedure. 3. Each THB must provide evidence that its recruitment, selection, employment and training practices comply with the Policy/Procedure. David Long Page 2 of Deputy Director of HR

3 POWYS TEACHING HEALTH BOARD ALCOHOL AND DRUG MISUSE POLICY AND PROCEDURE 1. GENERAL PRINCIPLES This Policy applies to staff at all levels of the organisation and reflects the THB s commitment to reducing drug and alcohol related problems in order to improve efficiency, address health and safety concerns and to assist rather than discipline, staff with an alcohol or drug problem. An alcohol or drug problem will be regarded and treated as a health problem rather than an immediate cause for disciplinary action, although disciplinary action may eventually be required. The THB requires staff to arrive at work free from the effects of alcohol or drugs, and upholds a total ban on the consumption of alcohol by staff during the business hours of the organisation, including breaks and immediately before the commencement and recommencement of work. Absence from work will be handled in the same way as sickness absence, while the periods of treatment will be recorded as sickness absence. All cases will be treated confidentially. Staff who are in breach of the policy will be sent home from work. See Section 6 of the Implementation Guidelines at Appendix A. 2. MAIN POLICIES AND PROCEDURES 2.1 Aims of the Policy To provide a safe and healthy working environment and to ensure that the possible consequences of alcohol and drug misuse are reduced to a minimum. To alert employees to the risks of alcohol and drug misuse. To create a climate of openness and encourage staff to seek early action when a problem is identified. To offer help to staff where a problem has been identified. To ensure that managers with responsibility for the health and safety of their staff receive guidance on handling alcohol and drug misuse problems. To prevent the supply or use of illegal substances from occurring on THB premises. It should be noted that in all cases where there is evidence which suggests that the law relating to the misuse of drugs or other substances has been broken on THB premises then the THB will inform the police.

4 2.2 Responsibility of all Staff To ensure that they are free from the influence of alcohol and drugs at the start and for the duration of their period of work. To comply with the total ban on the consumption of alcohol by staff during the business hours of the organisation, including breaks. To be familiar with the policy and the rules relating to alcohol and drug misuse. To take note of any information provided to them and to seek help from an appropriate person (line manager, Occupational Health, Human Resources, General Practitioner) if worried about their own alcohol and drug misuse. To take note of any information provided to them and to seek help from an appropriate person (line manager, Human Resources) if worried about a colleague s alcohol and drugs misuse. To avoid colluding with or covering up for a colleague. To urge colleagues to seek help where appropriate. 2.3 Dealing with staff with an alcohol or drugs misuse problem Staff who come to notice through observation, by normal disciplinary procedures or by voluntarily declaring a misuse problem, will be offered an immediate opportunity to seek help, advice and treatment. The offer of help will be made on the understanding that:- On resumption of duties, or on return to work following a period of counselling or treatment, Occupational Health and any appropriate agency will be asked to advice on the employee s ability to return to their normal job. If this is consistent with the long-term resolution of the misuse problem then suitable alternative employment may be identified. However if, after a maximum of 3 months no suitable job can be identified, consideration may need to be given to dismissal. Having accepted help and resolved the misuse problem the employee s employment prospects will not be impaired. If a misuse problem is confirmed by the Occupational Health Department there will be a requirement for the member of staff to undergo any recommended rehabilitation/counselling process suggested or to follow an alternative recovery programme. Staff who decline to accept the offer of help or attendance on a recovery programme will be subject to the THB s Disciplinary and Appeals procedure. Where any act of misconduct is committed it will be dealt with under the THB s Disciplinary and Appeals Procedure. Although the fact of alcohol or drug misuse will not normally be considered a mitigating factor there may be occasions (for example when an individual is following a

5 recognised recovery programme) where this is a relevant factor and may be taken into consideration. 3. TRAINING AND AWARENESS The promotion of awareness is aimed not only at those who are already identified as having problems relating to alcohol, drug or substance misuse. It is hoped to raise staff awareness and interest in their health to the extent that such problems may be prevented from occurring. Training and awareness for staff will be initiated through Health Promotion Providers, the Corporate Health Initiative, Occupational Health and Human Resources, and will be directed at improving health. Training and awareness for managers will emphasise the need to deal effectively with alcohol and drug misuse. 4. SUPPORT Health promotion materials are available through the National Public Health Service and practical support from the local Occupational Health Service. 5. CONFIDENTIALITY Staff should be aware that if they self refer to any of the support services detailed then their consultations will be in total confidence. Where a referral to Occupational Health is formally made by a manager seeking advice or opinion on an individual s ability to render regular and efficient service, then relevant information will be provided to the manager. The confidential nature of any records of employees with misuse problems will be preserved within the requirements of the Data Protection Act KEY POINTS FOR ACTION As far as is practicable an employee s misuse problem should be regarded as a health problem rather than a cause for disciplinary action and time off to attend treatment will be counted as special leave. However, it is incumbent upon the employee to co-operate with whatever referral/treatment programme is deemed necessary. Lack of co-operation, repeated relapses or abusive and aggressive behaviour will invoke the provisions of the THB s Disciplinary and Appeals Procedure. Managers should refer to the Implementation Guidelines which accompany this policy.

6 1 Identifying the Problem ALCOHOL AND DRUG MISUSE POLICY IMPLEMENTATION GUIDELINES Appendix A 1.1 Supervisors and managers should be aware that the misuse of alcohol or drugs by employees may come to light in various ways. The employee s colleagues and/or supervisor/manager may identify a pattern of deteriorating work performance or obvious signs of a pattern of alcohol or drugs misuse. 1.2 Drug effects are strongly influenced by factors such as the type of drug, how much and how often and surroundings, so looking for common effects in individuals is a difficult task. 1.3 Problems with alcohol at work usually fall into one of two main categories: a) the employee who drinks inappropriately on occasions b) the employee who consistently engages in inappropriate drinking. Problems arising from the first category are likely to be straightforward cases of misconduct whereas drinkers in the second category are likely to have associated health, absence and long-term performance problems. 1.4 Even occasional drinking may be a response to an underlying problem, such as stress. It should be remembered that occupational stress is a potential risk factor for alcohol or drugs abuse and dependence. Good management practices can dramatically reduce stress at work, creating a climate of security and trust. Staff who are cared for and well-motivated will be under less stress, therefore less likely to resort to alcohol or drugs in order to reduce or cope with anxiety and they will therefore work more effectively and efficiently. 1.5 The following behavioural characteristics may be associated with alcohol and drug misuse: A falling off in work performance (eg confusion, lack of concentration), particularly in the afternoon Previously unnoticed unreliability and reluctance to accept responsibility Aggression, restlessness, mood swings, behaviour out of character and sensitivity to criticism Signs of anxiety and depression, eg deliberately seeking isolation from colleagues and becoming a loner

7 Lateness and unexplained absences during the working day Frequent sick leave (explained as minor illness) especially on Monday mornings or following rostered days off Physical signs such as drowsiness, nausea, bleary eyes, slurred speech, flushed face and neck, hyperactivity, hand tremors Smell of drink in the morning or at other unusual times of the day This list is not intended to be exhaustive and managers should always be aware that these are only possible signs of alcohol and drug misuse problems. There may be other causes including illnesses. 2 Assessing the Problem 2.1 Having identified a pattern of deteriorating work performance, or obvious signs of a pattern of alcohol misuse, it is important that the manager remembers the following points in order to present an objective case: Make a factual and accurate record of work deterioration as it happens. Do not rely on memory Be clear and concise. Record nature of incident Be objective. Record actual events, not hearsay Treat all documentation and discussions as confidential Inform the employee if it is necessary to pass on any information to your own manager or the HR Department 2.2 Having identified that there is a problem; there is now the need to assess it, by identifying: The nature of the problem Any aspects of the work situation which may be causing deterioration in work performance e.g. lack of training, inadequate resources, conflicting instructions, poor working conditions, restructuring of departments without clear communication, threat of redundancy. If any of these are applicable, the manager should attempt to put right or at least discuss the issue thoroughly. If necessary, the manager should seek confidential advice from next in line manager. 2.3 Supervisors and managers who feel an employee s unsatisfactory performance may be drug or alcohol related should arrange to hold a meeting with the employee who should be advised of their right to be accompanied at any discussion by a colleague or trade union representative. The Manager should have all documentary information of work deterioration, together with any written standards of job performance and all available information on sources of help or referral to hand. 2.4 Anyone approached by an employee with a drug or alcohol problem should assess whether they are able to cope with the situation and

8 consider what further support they, or the individual concerned, may need. If support is to be provided, the level of confidentiality should be agreed. The manager should remember that by taking this step, the individual is asking for help. If at any time the manager feels they are operating outside the limits of their capability or experience, they should seek help and assistance from their line manager or HR Department and then contact the Occupational Health Department. 3 Interviewing the Employee The manager should: 3.1 Proceed with caution and plan the structure of the interview in advance. 3.2 Interview the employee in private. If the employee is actually drunk, wait until he or she is sober (see paragraph 6). 3.3 Explain the purpose of the interview. Do not accuse the employee of having an alcohol or drug problem the purpose of the interview is to discuss work performance. 3.4 Ask for the employee s reasons for poor performance and whether it could be due to a health problem, without specifically mentioning alcohol in the first instance. 3.5 Discuss possible work related causes such as excessive workload or too much responsibility. 3.6 If personal problems are admitted, express concern and listen try not to give advice other than to refer towards professional help. 3.7 If appropriate discuss the organisation s alcohol or drugs policy and the help available inside or outside the organisation. 3.8 Agree future action of improved performance in a set timescale. Remind employee of alcohol and drugs policy and support available. This includes time off for treatment and counselling without threat of job loss at this stage. 3.9 Arrange regular meetings to monitor progress and discuss any further problems if they arise Keep a detailed, confidential record of the interview.

9 Do s Focus on work performance/attendance Be objective and factual Be non-judgemental and nonemotive Be concrete and specific Let the individual know how you appreciate any contribution to the organisation Listen and show concern if the individual wishes to discuss personal problems Explain exactly what is to be done to improve work performance Make sure the individual is aware of any disciplinary consequences and procedures Be firm and consistent Don ts Comment on the individual s private life Rely on rumour, impressions or nondocumented evidence Judge morals Make vague accusations Ignore achievements Attempt to give advice or argue about personal problems Leave any room for uncertainty about what has to be done by the individual Let the disciplinary angle be seen as a threat Waver between authority and being over-friendly 4. Referral 4.1 The initial interview may confirm the suspicion that the employee has an alcohol or drug problem. If the employee is willing they should be referred to the Occupational Health Doctor or to a specialist agency dealing with alcohol or drugs problems, through the HR Department or they may prefer to seek independent help from their own doctor. 4.2 The THB will grant time off for professional counselling sessions. 4.3 The disciplinary procedure should normally be kept in reserve to encourage employees to accept referral and to keep them on course. 4.4 The safeguarding of all employment rights during any reasonable period of treatment, including the right, if proven capable of returning to the same job or to suitable alternative employment.

10 5 Monitoring Performance 5.1 It is unrealistic to expect an immediate and total resolution to problems. The initial interview will have one of three outcomes. Outcome 1 Work performance returns to an acceptable level 2 There is some improvement but performance is still below an acceptable level Action Continue to monitor, be alert to performance not being sustained. Communicate with and encourage the employee Arrange further formal interview with representation for employee if requested. Encourage the employee. Specify continuing performance problems. Remind employee of consequences of failure to improve. Suggest further help is sought. Arrange another date to review progress. 3 There is no improvement Arrange further formal interview with representation for employee if requested. Specify continuing performance problems. Remind employee of consequences of failing to improve performance. Inform employee that referral for counselling/ treatment is now required and that failure to attend and show improvement will now be treated under the disciplinary procedures with dismissal as a last resort. 6 Action to be taken when a member of staff is suspected of being in breach of the policy as a result of alcohol or drug misuse 6.1 If a manager suspects that an individual is in breach they should get a second opinion from a colleague (preferably their Director), or the HR Department. 6.2 They should then refer to a Director who will decide whether or not to suspend the member of staff. 6.3 Under the terms of the THBs Disciplinary Policy only a Director can suspend a member of staff. 6.4 When arranging for an individual to go home, the Director should inform the individual that they should not drive home if they are under the

11 influence. An offer should be made to contact a member of the individual s family or a friend to seek to arrange transport. The line manager should take all reasonable steps to ensure the employee goes home in a safe manner. Advice should be given that if the individual insists on driving home that they will be committing a criminal offence and that the police will be informed to protect the individual and the general public. 6.5 An investigation under the THBs Disciplinary Procedure will now take place and if there is a case to answer a disciplinary hearing will be convened by the HR Department. Dismissal will not normally be appropriate for a first offence unless there are extreme circumstances, however being incapable of carrying out work duties because of alcohol or drug misuse is gross misconduct. If a drink or drug problem is confirmed by the Occupational Health Department there will be a requirement, as part of a corrective disciplinary process, for the individual to undergo any recommended rehabilitation/counselling process suggested. If this is not subsequently followed without an acceptable reason, further disciplinary action may be required. 6.6 A repetition of an individual attending work under the influence of alcohol or drugs may result in dismissal. 6.7 Where an individual feels they have been wrongly dealt with they have recourse to the THBs Grievance Procedure.

12 National Help Lines and Guidance APPENDIX 1 Talk to FRANK Free confidential drugs information and advice 24 hours a day Drinkline The National Alcohol Helpline Drugscope The UK's leading drugs charity and centre of expertise on drugs. The website includes a database of organisations offering help and advice. Alcoholics Anonymous (AA) World-wide organisation that offers a self-help recovery programme for families and friends of alcoholics whether or not the alcoholic seeks help or even recognises the existence of a drinking problem. Alcohol concern Alcohol Concern is the national agency on alcohol misuse, which works to reduce the incidence and costs of alcohol-related harm and to increase the range and quality of services available to people with alcohol-related problems. The Yellow pages also carry local numbers - look under Counselling and advice.