Drugs and Alcohol Standard

Transcription

1 Drugs and Alcohol Standard

2 Contents 1 Introduction Scope Definitions Requirements of the Standard Communication, Education and Training Assistance with dependency issues Management Responsibilities Employee and Sub-Contractor Responsibilities Control Measures Testing Circumstances for Testing Refusing a Test Positive Results of Testing Action following a Positive Test Result Medication Searches Contact Details for Help and Guidance Contacting Kier General Support Support for alcohol problems Support for drug problems Standard Review Appendix Appendix Authorised By: John Edwards Page 2 of 13 SHEMS-STD-GR-086

3 1 Introduction Kier Group is committed to providing a safe and healthy working environment for all employees and individuals affected by our activities. Kier are committed to ensure, so far as is reasonably practicable, that the health, safety or condition of any person or property will not be adversely affected through the misuse of drugs or alcohol. The misuse of drugs or alcohol by individuals can lead to an increased risk of accidents or incidents; the Group aims to reduce these risks by means of our commitment, standard and processes set out in this standard. The purpose of this Standard is to: Ensure that the Group complies with relevant legislation relating to substance misuse at work (including without limitation The Health and Safety at Work Act 1974, The Transport and Works Act 1992, The Misuse of Drugs Act 1971, and The Railways and other Guided Transport Systems (Safety) Regulations 2006 (ROGS) as amended. Ensure a proactive approach is taken to create and maintain a drug and alcohol free environment as part of our commitment to providing a safe and healthy workplace. This will be achieved by ensuring all relevant individuals are aware of this Standard and their responsibilities required by the Standard. Ensure any employee who, at an appropriate time, declares a drug, alcohol or substance related dependency problem is treated sympathetically and offered support. Define the group s strategy to achieve the strategic objective To operate a safe and sustainable business. Testing is included as part of this strategy to monitor and ensure compliance with the standard. Ensure measures are in place to prevent persons attending work under the influence of alcohol, illegal drugs, misused prescribed or over the counter medication, misused legal substances such as solvents. Provide information, instruction and awareness training to all relevant individuals on the effects of alcohol and illegal drug use on their health and safety. Communicate the principles of this Standard and the repercussions of a breach of it (including disciplinary action and dismissal). 2 Scope This Standard applies to all Company staff and sub-contractors (sub-contractors include all sub-contractors, agency staff, joint venture staff and any other persons working for or on behalf of Kier) in any location or operation in our Construction & Infrastructure Services Division (CIS), and Development, Property and Business Services Division (DPBS). It applies at any location or operation in which an employee or subcontractor is required to attend for the purpose of their employment and includes travelling to or from such locations. It applies during working hours and includes any period of overtime, shift work, breaks/rest periods and periods of standby or emergency call out duty. This Standard covers the use and misuse of intoxicating substances which include alcohol, solvents, legal and illegal drugs, prescription and over-the-counter medicines and other substances that could adversely affect work performance and/or health and safety. The Standard will be applied equally, regardless of grade or status. Authorised By: John Edwards Page 3 of 13 SHEMS-STD-GR-086

4 3 Definitions For the purposes of this Standard the following definitions apply: Unfit for duty through drug or alcohol misuse - A person has drugs or alcohol in their body at a level that would cause them to test positive in either the Company s drugs or alcohol test. Sub-Contractors - Includes all non-kier staff / operatives, agency staff, joint venture staff, sub-contractors and any other persons, excluding employees, working for or on behalf of Kier. Dismissal - Termination of employment, and in the case of sub-contractors, termination of contract. Drug - Any substance that affects the way in which the body functions physically, emotionally or mentally. This includes, but is not limited to, alcohol, solvents, over-the-counter and prescribed medicines, legal highs and illegal substances. Alcohol - Refers to any beverage that contains ethyl alcohol including but not limited to beer, wine, pre-mix drinks and other spirits. Employee - A person directly employed by Kier. Incident - Unplanned, uncontrolled event which could have resulted in or did result in death, ill health, injury or other loss. Safety-critical task - Refers to tasks or activities that have the potential to import risk onto the Company s premises or vehicles. Laboratory - A testing facility accredited to UKAS standards where the sample collected is analysed to screen and / or confirm the presence of specific drugs or their metabolite(s). 4 Requirements of the Standard No employee or sub-contractor may report for work / work while unfit to do so through the use or misuse of drugs or alcohol. No employee or sub-contractor may possess (unless for legitimate medical reasons), sell or give away drugs whilst at work or during working hours. No employee or sub-contractor may consume drugs (unless for legitimate medical reasons) or alcohol whilst at work or during rest or lunch breaks. With regard to alcohol, corporate entertainment and organised corporate events are exempt to this rule subject to the conditions described in the paragraph below. Alcohol for domestic consumption should not be left at work for longer than necessary. It should be stored away and remain unopened whilst on Company premises. No employee or sub-contractor should undertake safety-critical tasks if taking prescribed or nonprescribed medication that has the potential to affect their ability to work safely, without first informing their manager or supervisor. Employees or sub-contractors involved in Court proceedings arising from a drug or alcohol related offence must report the matter immediately to their manager or supervisor. Whilst Kier Group does not condone, encourage or recommend the consumption of alcohol, it recognises that as part of business life, at organised corporate events and corporate entertaining, alcohol may occasionally be consumed. In cases such as these, it is the duty of the relevant Individual not to go to any Authorised By: John Edwards Page 4 of 13 SHEMS-STD-GR-086

5 Kier Group office, premises / project office or operational site until such time as she/he is below the policy alcohol limit. This includes driving to or from any such location. In any event, the worker should not act in a manner that would bring the reputation of Kier Group into disrepute. If requested, employees and sub-contractors are required to consent to be tested for drugs and alcohol. Employees should be aware that the consumption of alcohol or drugs at a time or in a quantity that would cause them to test positive at work will be considered a breach of this Standard. A breach of this Standard by a Kier employee will be fully investigated and dealt with under the Kier Disciplinary Procedure. Due to the potential impact on the safety and health of employees and customers, and the reputation of the company, breaches of this Standard may lead to dismissal. A breach of this standard by a sub-contractor will result in the individual being excluded from site and referred to their company for disciplinary action. Nothing in this Standard or its application shall be construed so as to prevent or inhibit the law. 5 Communication, Education and Training The Standard will be communicated to all employees and sub-contractors through induction, educational material, management training, team briefings and notice board displays. Efforts will be made to ensure the Standard is brought to the attention of all job applicants, sub-contractors and supply chain personnel through induction and terms and conditions of contract prior to their arrival at site. All employees will be given educational material to cover: Awareness of the Standard and Standard rules The effects drugs and alcohol can have on a user s health and ability to work safely. How to avoid becoming dependent on drugs and alcohol. How and where to seek help if you have a drug or alcohol dependency problem. How to recognise the signs and symptoms of drug and alcohol misuse. How to ensure your body is free from drugs and alcohol at work. Managers will receive drug and alcohol awareness training to cover: The principal ways in which drugs and alcohol affect behaviour. How to recognise the signs and symptoms of drug and alcohol misuse. The distinction between signs associated with dependency and signs associated with recent substance misuse. How to utilise the support provided by the Standard. How to apply the Standard in a variety of situations. How the drug testing elements of the Standard will be managed. How the testing processes work. 6 Assistance with dependency issues Where an employee seeks assistance from the Company for a drug or alcohol dependency problem and the Company acknowledges this problem to exist, the Company will treat the problem as a medical condition and offer the employee assistance with rehabilitation. The level of assistance and conditions attached to the assistance will be assessed on a case by case basis and will normally be detailed in a rehabilitation agreement. Failure on the part of the employee to comply with the terms of the rehabilitation agreement may be subject to disciplinary action. Authorised By: John Edwards Page 5 of 13 SHEMS-STD-GR-086

6 This offer of assistance is only available if the dependency issue is declared prior to the individual being selected for testing or involved in an incident or accident that is likely to lead to testing. If drug or alcohol dependency is discovered by means other than self-disclosure (e.g. as the result of the testing process), the individual will be subject to disciplinary procedures. Individual circumstances and safety issues will be taken into consideration to determine whether the employee can continue with their normal duties during the period of rehabilitation. If normal duties cannot be continued, the employee may be required to undertake non safety critical duties or stay away from the workplace. Any period of rehabilitation required away from the workplace will be classed as sickness absence. 7 Management Responsibilities All managers are required to: Be familiar with the Standard and procedures. Ensure their members of staff understand and comply with the Standard. Recognise impaired workplace performance or behaviour likely to be caused by the misuse of drugs or alcohol. Take appropriate action if drug or alcohol misuse is suspected. Be able to encourage members of staff to ask for advice and help in respect of problems arising from drug or alcohol misuse. Undertake appropriate training as provided by the Company. 8 Employee and Sub-Contractor Responsibilities All employees and sub-contractors are required to: Comply with the Standard. Be familiar with the Standard and Procedures and the disciplinary implications resulting from the Standard. Ascertain if medication they are taking could impair their ability to perform a safety-critical task, and if so, to report their use of the medication before any such task is undertaken. Seek help for themselves or to encourage colleagues to seek help if they have problems arising from drug or alcohol misuse. 9 Control Measures 9.1 Testing All employees and sub-contractors have the potential to be tested. The testing process will be carried out by an independent third party specialist testing agency accredited by UKAS to ISO During the testing process, the safety, health and dignity of the donor will be respected and protected. A process will be used to maintain and document the chronological history of a sample in order to guarantee the identity and integrity of the sample from collection through to the test result. An overview of the Alere Toxicology testing procedure is available in Appendix 1. Employees and sub-contractors may be subject to an initial screening test to determine if further testing by the third party specialist testing agency is required. The screening test will require an Oral Fluid sample to be Authorised By: John Edwards Page 6 of 13 SHEMS-STD-GR-086

7 collected. Initial screening tests will be undertaken by suitably trained collection officers. An overview of the Kier Self-Collect screening procedure is available in Appendix Circumstances for Testing Pre-employment All candidates for employment and all sub-contractors may be required to undergo preemployment testing for drugs and alcohol. The tests will be carried out during the pre-employment medical, during the induction period or other time designated by the Company. Reasonable suspicion Whenever a manager, supervisor or other Company official has reasonable cause to suspect that an employee or sub-contractor has misused drugs or alcohol and is unfit to continue working, a reasonable suspicion test will be instigated. The official s observations will be documented and such documentation shall be kept in the donor s confidential drug and alcohol testing file. Post incident Drug and alcohol testing of employees and sub-contractors shall be conducted following an incident where there are reasonable grounds to suspect that the effect of drugs or alcohol may be the cause or a contributory factor. This testing is mandatory following an incident in which a serious injury or fatality has occurred. Unannounced random The Company aims to test 20% of all employees and sub-contractors each year on an unannounced random basis. Individuals will be selected randomly and given no advance notification of the test. The random selection process utilises a computer-based random number generator and gives all present at any given location an equal chance of being selected without influence or bias from Kier. Rehabilitation & Follow up As part of a rehabilitation programme, the Company may require the employee to consent to a series of drug and/or alcohol tests, some of which may be unannounced. These tests will be used to monitor the employee s progress during and following rehabilitation Refusing a Test Refusal to undergo a test may be subject to disciplinary procedures. Refusing to take a test includes, but is not limited to: Failure to consent to a test. Failure to cooperate with any part of the testing process. Failure to appear for testing at a collection site at the time allotted. Leaving the scene of an incident in which a serious injury or fatality has occurred, without just cause and without submitting to a test Positive Results of Testing Drugs A laboratory confirmed positive drug test result will be recorded if a drug is detected in the donor s sample for which no legitimate explanation, medical or otherwise, can be found. An employee or subcontractor will be in breach of this Standard if they receive a laboratory confirmed positive drug test result. Alcohol A positive alcohol test result will be recorded if alcohol is detected in the donor s breath sample at a concentration equal to or above the relevant limit in two consecutive breath tests. An employee or subcontractor will be in breach of this Standard if they receive a positive Alcohol test result. Unless testing is subject to specific sector or client requirements, a positive result will be recorded at or above the relevant national drink driving limit detailed below. Authorised By: John Edwards Page 7 of 13 SHEMS-STD-GR-086

8 These requirements apply to all UK workers working and operating within the UK or whilst working overseas, where the relevant country limits will apply if lower than those shown below: Breath (μg/100ml) Blood (mg/100ml) Urine (mg/100ml) Cut off levels in industry sectors or national drink driving limits International air transport sector Strategic Highways and UK Rail sector Maritime and Oil sectors Scotland & Most EU countries Drink Driving Limit England, Wales & N. Ireland Drink Driving limit Action following a Positive Test Result An employee or sub-contractor will be considered to be unfit for duty through the misuse of drugs or alcohol if a positive test result is recorded. The following action will be: Circumstances for test Pre-employment Reasonable suspicion Post incident Unannounced random Rehabilitation & follow up Action Employee - Contract of employment will not be offered Employee - Disciplinary procedures and possible dismissal Sub-contractor Removed from site Employee - Disciplinary procedures and possible dismissal Sub-contractor Removed from site Employee - Disciplinary procedures and possible dismissal Sub-contractor Removed from site Employee - Act in accordance with the rehabilitation agreement The Company reserves the right to remove an employee from site whilst the Company conducts a full investigation. If a positive result is received for a sub-contractor, the sub-contractor s management should be advised by the site/workplace manager that the employee will not be permitted to return to site. HR will liaise with the site workplace manager and arrange to send out a notification of positive D&A test to the sub-contract management with copies of testing documentation in support of their own disciplinary proceedings. Should the individual wish to appeal against the laboratory confirmed Positive-Positive, then the B sample is tested at the individual s expense, (The cost will be refunded should the analysis result indicate a Negative result). The B sample will be tested at an approved independent test house, the individual shall select the test house from the approved list, it will be sent there under full Chain of custody for analysis, at the cost of the individual. The individual will remain Suspended pending outcome of the results. The B test shall be analysed to the same process and standard as the A Sample. Should the test return a Positive-Positive, HR shall be informed and disciplinary actions continued. If however the result is Negative, Authorised By: John Edwards Page 8 of 13 SHEMS-STD-GR-086

9 the individual shall be returned to normal duties (unless there is an underlying medical condition), HR actions dismissed and all record s deleted A decision on whether an individual can return to work on a Kier project following a positive drugs or alcohol test result is solely at the discretion of the Business Unit Managing Director. 9.2 Medication Many medicines obtained with or without prescription can affect performance at work. These include, but are not limited to, tranquillizers, anti-depressants, painkillers, sleeping pills, some antihistamines, and some medicines for cough, colds and indigestion. All employees undertaking safety-critical tasks must, before undertaking such tasks, declare to their line manager or supervisor any medication they are taking that has the potential to affect their ability to work safely. All discussions with individuals regarding medical information are strictly confidential subject to the provisions of the law. To determine if the medication being taken has the potential to impair performance, speak to your doctor or, if buying over the counter medication, speak to the pharmacist or read the warning labels on the packaging. If in doubt, speak to Kier OH and they will investigate on your behalf. Please ensure the required notification (SHEMS-FOR-GR-154) is submitted to your line manager. 9.3 Searches The Company reserves the right to search an employee and / or subcontractor or any of their property held on Company premises at any time if there are reasonable grounds to believe that the prohibitions on alcohol or drugs are being or have been infringed. A refusal to comply with the search may be subject to disciplinary procedures. 10 Contact Details for Help and Guidance 10.1 Contacting Kier You can talk to your manager, supervisor, Human Resources department and Occupational Health department. Your information will be treated sensitively General Support Employee Assistance Programme (EAP) - Employees can access the EAP by calling the Employee Helpline on or by logging on to the website and enter Lifestyle1234 as username and carefirst as password. All of the telephone and web services are available 24 hours a day, 365 days a year. National Health Service - Employees can contact the NHS to discuss health problems on Support for alcohol problems Alcoholics Anonymous If you need help with a drinking problem either phone the national help line on or contact by help@alcoholics-anonymous.org.uk Authorised By: John Edwards Page 9 of 13 SHEMS-STD-GR-086

10 Information can be provided about future meetings that are to be conducted in the local area. Al-Anon Family Groups Offers help and support for people whose lives are affected by someone else s drinking Support for drug problems NHS Drug support advice for families or carers of drug users, including where to find further information and support: Talk to Frank Offers free and confidential advice about drugs and can refer people to local drug advice services. The website provides extensive information. Scottish families affected by Alcohol or Drugs Freephone helpline on or helpline@sfad.org.uk ADFAM Provides information for families and friends of drug users. 11 Standard Review The Standard will be regularly annually by the Company. Authorised By: John Edwards Page 10 of 13 SHEMS-STD-GR-086

11 Appendix 1 Overview of the Alere Toxicology Collection Process Donors will be asked to provide the following information: Photo and signature ID (Work ID card, Passport, Driving License). A list of any medication they have taken within the last 10 days. The Collecting Officer will proceed to collect a breath sample that will be tested for alcohol and a urine sample that will be tested for drugs. A preliminary test may be carried out on some urine samples at the time of the collection using an instant testing method. Alternatively, samples will be sent to one of our accredited laboratories for testing. Urine Sample Collection (Drug Test) The Collecting Officer will start the process by checking the photo ID of each donor and will add any personal details to the Chain of Custody Form. The Chain of Custody Form is used to record all the information needed to make sure the processes followed are legally defensible. The Chain of Custody Form contains a unique barcode number, which will be used to identify samples and the associated paperwork. An information sheet will be provided at the time of collection to help donors understand each step of the process. This information sheet also provides donors with a list of drugs that may be tested. Donors will be asked to empty their pockets and to place all personal belongings into a tamper prevention bag, which will be sealed and handed back to the donor. This will remain with the donor at all times, however it must remain locked throughout the collection process. Donors will be asked to select a collection cup and to provide at least 60ml of urine. The Collecting Officer will remain within the toilet facility whilst the donor provides a sample. The cubicle door will be closed to ensure the donor has complete privacy. Types of drug testing. Samples will either be collected and sent directly to the laboratory for analysis, or in some instances, the sample will be collected and screened on-site to determine if laboratory analysis is required. If the sample is screened, the screen result will be available within approximately 5 to 7 minutes from sample collection. If the screen result is negative, no further analysis of the sample is required. The Collecting Officer will complete the Chain of Custody Form. Donors will be requested to read the donor consent information and sign to consent to the test. Sample will be disposed of into the toilet. If the screen result is non-negative, further laboratory analysis of the sample will be required. The sample will be split into two vials. The donor will be asked to initial and date two tamper evident seals, which will be placed over the two vials. The Collecting Officer will complete the Chain of Custody Form. Donors will be requested to read the donor consent information and sign to consent to the test. The sample and paperwork will be placed into a tamper evident transit bag and sent to the laboratory for confirmatory analysis. Results will be normally be available within 5 working days. You may be stood down from duty on full pay pending the laboratory test result. This should not be considered an indicator of guilt/perceived guilt but is rather a standard precautionary measure. Authorised By: John Edwards Page 11 of 13 SHEMS-STD-GR-086

12 Breath Sample Collection (Alcohol Test) Donors will be asked if it has been more than 20 minutes since last taking anything by mouth (including, but not limited to tea, water, coffee, mouthwash, medication, sweets, food, chewing gum) and more than 10 minutes since last smoking. Donors will be asked to select a new, disposable mouthpiece that will then be attached to the breath meter. The donor will be asked to provide a breath sample by blowing into the mouthpiece. The Collecting Officer will read and record the final reading (taken from the breath meter print-out) on the Chain of Custody Form. Authorised By: John Edwards Page 12 of 13 SHEMS-STD-GR-086

13 Appendix 2 Overview of the Kier Self-Collect screening procedure Employees and sub-contractors may be subject to a screening test to determine if further testing by the third party specialist testing agency is required. The screening test will require an Oral Fluid sample to be collected. Initial screening tests will be undertaken by suitably trained Collection Officers. The Collection Officer will offer the Donor a choice from two or more identical Oral Fluid Collection Devices. The packaging and expiry date of the Collection Device will be checked before use. The Donor will be asked to swab the inside of their mouth with the Collection Device. The result of the screen test will be available within approximately 5 to 7 minutes. If the screen result is negative, it will not be necessary to contact the third party specialist testing agency for further testing. The Donor will be informed of the negative result and will be permitted to continue with their duties. If the screen result is non-negative, the Donor will be informed of the result and will be instructed to wait in a supervised area for the arrival of the third party specialist testing agency, who will collect a further sample in line with the procedure detailed in Appendix 1. It is important to note that at this stage the Donor has not received a positive test result and has not failed the drug test. The non-negative result is simply an indication that further analysis is required. Authorised By: John Edwards Page 13 of 13 SHEMS-STD-GR-086