S.K.J Cnstructin Ltd Grundwrk & Civil Engineering SUBSTANCE MISUSE POLICY 1
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SUBSTANCE MISUSE POLICY 1 INTRODUCTION Plicy Aims Frm the viewpint f health and safety at wrk, SKJ Cnstructin Ltd (the Cmpany) Plicy is t safeguard, s far as is reasnably practicable, the Health, Safety and Welfare f all persns, cntractrs and any thers wh may be affected by Cmpany peratins. This Substance Misuse Plicy cvers all persns n site and includes the requirement t be in a fit cnditin whilst engaged in Cmpany peratins. This requires that the use r misuse f alchl, drugs r slvents is prhibited. The Cmpany cnsiders that the creatin f a health and safety culture, based n welfare principles, is nly achievable by ttal cmmitment, adequate resurces and cmplete c-peratin between all parties cncerned. All persns can be at risk frm misuse f drugs and alchl; bth cause effects t individuals which can manifest themselves in the wrkplace leading t increased risk f accidents, sickness absence, disciplinary prblems and reduced efficiency. Drug misuse can be a serius prblem nt nly fr the persn wh misuses drugs but als fr the business where they wrk and their c-wrkers. The pssessin f sme drugs is illegal, expsing the persn wh misuses these drugs t the risk f criminal charges as well as causing harmful effects t their health. Alchl is a cmmn part f life fr many peple and mst f the time drinking alchl in mderatin desn t cause any prblems. But drinking t much r at the wrng time can be harmful. Excessive drinking can affect sme peple during their lives. The gvernment has prduced guidance n sensible drinking and lists the fllwing examples f specific situatins when the advice is nt t drink at all: Befre r whilst driving Befre using machinery, electrical equipment r ladders Befre wrking r in the wrkplace SKJ Cnstructin Ltd has cnsidered these matters and as a result f health, safety and cmmercial cnsideratins, feels it necessary t have a Substance Misuse Plicy. 2 PURPOSE T ensure any persns d nt reprt fr wrk with drugs r alchl in their system, r cnsume these substances while n duty. Individuals have a respnsibility t ensure they are fit t wrk. 3
Scpe This plicy applies t all Cntractrs, sub-cntractrs and any ther persns wrking at r visiting Cmpany premises and building sites regardless f their jb functin. Definitins SKJ Cnstructin Ltd is referred t as the Cmpany fr the purpse f this plicy. Any reference t Cntractrs includes sub-cntractrs, Cnsultants and ther Suppliers and Specialists Substances includes, but isn t limited t, drugs and alchl, e.g. slvents Drugs any that affect md, thught prcesses and/r perceptin, available bth legally and illegally. All drugs cvered by the Misuse f Drugs Act 1971 and the Medicines Act 1968 Prescriptin Drugs (medicatin) Supervisrs wh receive infrmatin frm persns that they are taking medicatin which may affect their ability t wrk safely shall infrm the Site Manager fr advice and guidance including if necessary the re-allcatin f the persn t alternative duties whilst they are taking medicatin Alchl includes, but isn t limited t spirits, liqur, beer, wine r any ther beverage cntaining alchl. The current legal limit abve which yu must nt drive in the UK is 35 micrgrams f alchl per 100ml f breath Fr full details f allwable substance limits, please see Appendix B. Fr the purpse f this Plicy, an unfit state thrugh cnsumptin f alchl is prven r psitive when test results f mre than the levels in the table at Appendix B are recrded 3 ROLES AND RESPONSIBILITIES SKJ Cnstructin Ltd Respnsibilities Ensure this plicy is implemented Ntify all Cntractrs abut this Plicy and Prcedures Mnitr the effectiveness f this Plicy n an nging basis Sub-Cntractrs/Suppliers Respnsibilities Must be familiar with this plicy and guidelines Must be aware f and mnitr changes in wrk perfrmance, attendance, sickness and accident patterns and t take apprpriate actin Must ensure that emplyees and ther specialists r visitrs are made aware f and cmply with this Plicy Individuals Respnsibilities Be aware f their wn tlerance t alchl Be aware f drinking guideline (e.g. a persn s bdy rids itself f 1 unit f alchl per hur) Be aware f their wn shift patterns and regulate their drinking habits accrdingly. 4
4 POLICY ON DRUGS AND ALCOHOL This Plicy sets ut the apprach t Drugs and Alchl, enabling cmpliance with the requirements f the Health & Safety at Wrk Act 1974, the Misuse f Drugs Act 1971, the Medicines Act 1968, the Transprt and Wrks Act 1992 and where relevant any future legislative requirements that invlve the misuse f Drugs and/r Alchl. This Plicy requires that all Cntractrs r any ther persns wrking at r visiting regardless f their jb functin: Must nt cme t wrk in a unfit state due t the influence f drugs and alchl Must nt bring illegal drugs r alchl nt site. Fr clarity, any alchl such as nrmal shpping where there was n intentin f using the substance n the premises is exempt frm this rule Must nt cver up r cllude with persns whse behaviur and perfrmance is r culd be affected by taking illicit r medical drugs r cnsumptin f alchl Must check with their dctr, Practice Nurse, r pharmacist abut the side effects f prescribed medicatin Must infrm their supervisr r manager if they are taking medicatin (whether prescribed r bught ver-the-cunter ) that may affect their ability t carry ut their jb Must never drive r perate machinery if they are affected by r believe they are affect by drugs, alchl, prescribed medicatin r ver the cunter medicatin Must tell their immediate supervisr/manager if they believe they have r may have a drug r alchl related prblem Must underg testing fr drugs and/r alchl when requested t d s by ur apprved testing agency as set ut in Sectin 5 Nn-discriminatin The Cmpany maintains a plicy f nn-discriminatin and a reasnable accmmdatin with respect t rehabilitating persns with substance misuse issues, thse wh are perceived as having such a dependency and thse having a medical histry reflecting treatment fr this cnditin. The Cmpany encurages persns t seek assistance befre their dependency renders them unable t perfrm their essential jb functin and/r jepardises the health and safety f themselves r thers. 5 SCREENING PROGRAMME: TESTING FOR DRUGS AND ALCOHOL SKJ Cnstructin Ltd, when acting as Principal Cntractr r Cntractr reserves the right t carry ut testing f the wrkfrce t detect drugs and/r alchl if there are grunds t suspect that any persns n site is unfit thrugh drugs and/r alchl. Testing culd als be undertaken n a randm basis f the wrkfrce engaged in safety critical wrk r ther specific types f wrk determined by SKJ Cnstructin Ltd management r fllwing accident r serius incident. 5
Testing Testing fr alchl and testing fr ther substances will be undertaken by an independent specialist prvider that uses prven scientific methds under a cnfidential prcess t ensure this plicy is adhered t as set ut in Appendix C. Refusal t underg testing will be treated as a psitive test result. Self Referral In sme instances, persns may seek help and advice themselves. Prvisin is made by the SKJ Cnstructin Ltd t ensure that facilities are available t ensure that each case is treated in the strictest cnfidence. 6 PROCEDURE TO BE ADOPTED WHEN AN EMPLOYEE TESTS POSITIVE FOR DRUGS AND ALCOHOL Immediate arrangements will be made t remve an individual frm the wrkplace/site (t ensure that he r she des nt harm themselves r thers), and disciplinary arrangements implemented. If a persn admits t the misuse f substances befre a testing prgramme is implemented, SKJ Cnstructin Ltd r his/her emplyer shuld arrange fr further supprt as set ut in accrdance with Appendix C. 6
APPENDIX A SUBSTANCES DEFINITIONS This Substance Misuse Plicy cvers all types f substance misuse. This includes the misuse f substances, which are categrised as illegal drugs, legal drugs and medicines/restricted drugs. Illegal Drugs These can be categrised int three categries - Depressants, Stimulants and Hallucingens. These substances, termed as "cntrlled drugs" under the Misuse f Drugs Act 1971, are classified as Class A, B r C (as defined in Schedule 2 f the Act). Alchl All drinks cntaining alchl such as beer, wine and spirits, including s-called "lw alchl" prducts, are included in this categry. 7
APPENDIX B SKJ CONSTRUCTION LTD ALCOHOL AND DRUG LIMITS Alchl Prcedure fr test results abve 0.35% BrAC Test psitive abve 0.35% BrAC Persn immediately suspended frm wrk and arrangements made t remve frm site Back-t-wrk interview required. Recmmended t be sent n Cmpulsry External Curse f Cunselling. Emplyer infrmed Drugs Test psitive abve EWDTS levels: Persn immediately suspended frm wrk and arrangements made t remve frm site. Emplyer infrmed 8
APPENDIX C - IMPLEMENTATION OF POLICY This Plicy is applied universally, regardless f individual status, t all persns, Cntractrs, Agency Staff and visitrs f the Cmpany. Types Of Testing Pre-Start Inductin. All prspective persns may be required t prvide a respnse t questins related t the misuse f substances as part f initial site inductin. They may als be required t underg testing as part f the SKJ Cnstructin Ltd cmpany r site inductin. Fr Cause Testing. In sme f the cases listed belw this prcess will autmatically be undertaken as part f the current SKJ Cnstructin Ltd accident investigatin prcedure. The fllwing list, which is nt definitive, prvides examples f a number f situatins where it is freseen that Fr Cause testing wuld apply: 1. Any accident which has resulted in death r majr injury t a Cntractr r member f the public. 2. Any accident, where a Cntractr r member f the public is injured as a result f an actin by an Cntractr, which requires medical treatment (ther than an accident which requires basic First Aid). 3. Any accident r incident where there is nn-trivial damage t prperty r equipment. This will include Near misses and Dangerus ccurrences as defined and requiring ntificatin under the Reprting Injuries, Diseases and Dangerus Occurrences Regulatins (RIDDOR) 1995. 4. Any accident r incident which invlves the use f any mechanical handling equipment (e.g pallet truck, frk lift truck, etc). 5. After discvery f illegal substances r empty alchl cntainers n Cmpany premises r building sites 6. Reasnable Suspicin relating t items listed such as: a) Abnrmal behaviur (e.g: aggressin, euphria, hyperactivity r lethargy and tiredness fr that persn). b) Difficulty in walking nrmally. c) Incherent speech. d) Smell f alchl. e) Bruising and/r injectin marks. f) Third party bservatins frm Persns, Cntractrs, visitrs etc. Randm Testing. There is als in place prcesses fr unannunced testing r randm sampling f the wrkfrce engaged in safety critical wrk r ther specific types f wrk determined by SKJ Cnstructin Ltd management. Fllw-up Testing. A persn wh has wh has vluntarily cme frward fr cnfidential assistance fr a drugs r alchl prblem may be subject t further peridic testing fr a perid f 12 mnths, administered at randm by an external cllectin agency. The testing will nly be dne n a case by case basis fllwing medical investigatin t ensure that any prescribed curse f cunselling r rehabilitatin is being fllwed (eg: 9
where a candidate has cmpleted a cunselling r rehabilitatin prgramme and it is necessary t check prgress and cmpliance). Prescribed/Nn-Prescriptin Medicines. Persns must prvide infrmatin t their Supervisrs/Managers regarding their current use f prescribed/nn-prescriptin medicines. This infrmatin will be dealt with in the strictest cnfidence. This will enable these substances t be discunted frm a sample analysis. Cmplete details f the medicatin invlved need t be submitted, such as: Pst held by persn Details f prescriptin/medicine Dsage Medical cnditin Details f prescribing Medical Practitiner Precautinary advice printed n the label Any medicinal advice given by a persnal Medical Practitiner shuld be disclsed t the Supervisr/Manager. A cnfidential recrd is then made cncerning the name f the drug invlved, the time and date f the enquiry and the result f the Medical Practitiner s advice. It is imprtant t nte that where an individual is prescribed medicine by a Medical Practitiner r Pharmacist, the Cmpany reserves the right t ensure that the medicines being taken will nt influence safe wrking. Where it is cnsidered t d s, the persn may, fr the safety f thers and themselves, be suspended frm wrk n medical grunds. Return t wrk will nly be cnsidered upn receipt f a written clearance frm a Medical Practitiner and a risk review undertaken. The latter may include an independent assessment by a third party expert. 10