Drugs and Alcohol The misuse of drugs and alcohol is a serious problem in the workplace, not only for the misusers but also for employers, colleagues and the public. The possession of some drugs is illegal; other prescribed drugs and over the counter medicines can have side effects which could affect safety. Alcohol too can affect productivity, performance and a team morale leading to bad behaviour and poor discipline. Both drugs and alcohol (D & A) are known to affect concentration and physical coordination which can lead to highly dangerous behaviours. This is particularly relevant when considering the safety critical nature of specific jobs within the construction industry and the potential for catastrophic events. Alcohol or drug problems should always be treated primarily as a health problem rather than a reason for immediate dismissal. Employers should encourage employees who show signs of developing such problems to seek help. Definition: Drug and alcohol misuse is defined as: Alcohol dependence, excessive alcohol consumption and/or inebriation in the workplace Taking or possessing illegal drugs Misuse of legal substances such as prescribed medicines Solvent misuse e.g. inhalation of gases or glues Legal Position for Drug and Alcohol Management There is a general duty under the Health & Safety at Work etc Act to look after the health, safety and welfare of employees There is a duty to assess health and safety risks to employees under the Management of Health and Safety Regulations The Construction (Design and Management) Regulations 2007 (CDM) sets out specific duties for clients, contractors and workers in relation to health, safety and welfare of those involved in construction projects. o The principal contractor manages the work and must prepare, develop and implement a written health and safety plan and site rules; the relevant parts are to be Guidance D & A 1 Sept 2012 Version 2
given to contractors. The site drug and alcohol policy would be such a document to share. o Contractors should co-operate with principal contractor, consult with the workers and keep to the site rules o Workers should ensure the health and safety of construction workers and others who may be affected by the work and report obvious risks Under the Road Traffic Act and the Transport and Works Act, drivers of road vehicles must not exceed certain statutory limits so as to be under the influence of drugs or alcohol while driving, attempting to drive or when they are in charge of a vehicle. For certain rail, tram and other guided-transport system workers must not be unfit through drugs or alcohol while working on the system The Misuse of Drugs Act states that: o it is unlawful to be in possession of a controlled drug o The occupier of a premises is committing an offence if it is known that producing, supplying (or attempting to supply), or the preparation and smoking of controlled drugs is taking place on those premises o Companies must take action if illegal drug activity is discovered The Human Rights Act aims to ensure that the rights of the individual as well as that of the community are protected. This means that one individual s rights may have to be balanced against another s. Article 8 covers the individual s right to private life and family. A drug and alcohol policy is justified where public safety is concerned. The Act also makes allowances for interferences where the aim is for the protection of the health of others as determined by other relevant legislation The Data Protection Act sets out principles of confidentiality and legal ways of processing information. Companies should ensure the principles are applied across the whole area of testing, training and results Training It is important that workers and management understand the issues around D & A misuse and the implementation of a policy, the purpose of which is to: Safeguard, so far as reasonably practicable, the health, safety and welfare of workers Provide information on the nature and effects of D & A use Communicate the support measures which would be available to those requiring help Familiarise employees with the policy and method of implementation Provide information to stop breaches of the policy Guidance D & A 2 Sept 2012 Version 2
Provide a training programme for managers/supervisors to recognise the signs of addiction. Additionally, a general education programme should accompany the introduction of a D & A policy which should include: The effects of drugs and alcohol on work performance Factors that lead to dependency of both drugs and alcohol The need to inform managers/supervisors of any over the counter or prescribed drugs in case of side effects or impact on the D & A tests A copy of the policy, available to all employees once implemented Further, in order to comply with the drug and alcohol policy, staff should not: Report for work if there is doubt about fitness to work Take alcohol or illegal drugs/substances or have traces of these in their system during the working day or prior to starting work where there could be an adverse effect on health and safety of the individual or others Undertake work if in doubt about the adverse effect of any prescribed or over the counter medication Help and Support Those individuals who have a drug or alcohol problem should be encouraged to seek assistance before developing a dependency which jeopardises the health and safety of themselves and/or others. A confidential appointment with the line manager, the Human Resources Department or Occupational Health should be available for those wanting advice and support. Trade Union representatives may also provide assistance. Individual employees should be referred to their GP and/or local D & A services for expert advice and rehabilitation. Alternatively, many companies have an employee assistance programme or counselling service. Relapses after referral/treatment are common and might then be considered as a disciplinary issue; in cases where alcohol or drug recovery is unlikely or prolonged, a decision may have to be taken to review the continuation of employment. Employees should be made aware that help and support is available at any time prior to selection for testing but declaring an alcohol or drug dependency issue once selected for testing would be regarded as non-compliance with a drug and alcohol policy and therefore jeopardise their continued employment. Employee assistance programmes which provide counselling and referral services should also be considered as part of the overall provisions for drug and/or alcohol addiction. Guidance D & A 3 Sept 2012 Version 2
Information General information regarding drug and alcohol misuse should be available and the policy should be available at all times. Monitoring Monitoring for misuse of drug and alcohol is a management function and emphasis should be put on management to recognise the signs of misuse within the workplace and throughout the supply chain. Responsible Persons for Drug and Alcohol Testing The policy should include a named responsible person for implementation of the drug and alcohol policy and competent persons who will undertake testing. External accredited D & A services may be required to undertake testing on a 24 hour basis. Drug and alcohol analysis should only be undertaken by laboratories that are: UKAS (or European equivalent) accredited to ISO/IEC 17025:2005 Subject to blind analysis testing under an external quality assurance scheme. What to test for? The company, its principal contractor and other subcontractors in the supply chain should collect information about the types of drug testing available, service providers and the types of testing that is required. Drug and alcohol testing companies are excellent resources when deciding on the type and frequency of testing. There are four key ways of testing for alcohol/and or drugs and can involve analysis of: Urine Hair Saliva Breath Specific Information for Drug Misuse The policy should state the generic terms for drug misuse such as: Class A, B and C drugs as defined in the Misuse of Drugs Act Prescribed drugs which affect performance e.g. antidepressants, sleeping tablets Over the counter medicines such as hay fever relief or painkillers Any other substance that can affect performance Guidance D & A 4 Sept 2012 Version 2
The most commonly illegal drug is cannabis; others are ecstasy, cocaine and amphetamines, heroin is relatively less common. There are also prescription medicines which may cause impairment and can be misused benzodiazepines, opiates, propoxyphene and others. Legitimate use of any such prescription medicines should be notified to line managers as there may be side effects such as sleepiness. Prescribed drugs will show up in test results and could result in a test being failed. It is worth noting that some drugs that are looked for in the urine are also available over the counter in pharmacies, without prescription. Any dealing, supplying or trafficking of illegal drugs on company premises or work sites should be reported to the police. Specific information for Alcohol Alcohol affects the body for some time after drinking therefore limits should be set which will ensure that the effects have worn off by the time work commences this time lag can be influenced by various factors such as age, gender and activity levels. It is generally recommended that alcohol should not be consumed 8 hours immediately before starting work and then no more than 7 units of alcohol in the sixteen hours prior to that 8 hour period. A unit of alcohol is 10 millilitres of pure alcohol. Calculation of units in a drink can be obtained by multiplying the volume of the drink in millilitres (ml) by the percentage of alcohol by volume (ABV) and dividing by a thousand. For example, a 330 ml bottle of lager with 5% ABV = 1.7 units ([330 x 5] /1000 = 1.7). It should be noted that home measured spirits are difficult to quantify and generally larger than pub measures. D & A Testing Testing involves collecting a biological sample from an employee which is sent to an accredited scientific laboratory for testing. There are strict procedures which allow for personal dignity and legal compliance when obtaining samples and this should be set out in the policy. Accredited laboratories which provide testing will be able to offer ongoing advice on changing patterns of drug and alcohol use in the wider population. Guidance D & A 5 Sept 2012 Version 2
Safety critical staff are generally identified as being subject to increased testing procedures under such a policy. The CBH definition of safety critical work as set out in the Industry Standards is: Where the ill health of an individual may compromise their ability to undertake a task defined as safety critical, thereby posing a significant risk to the health and safety of others See the CBH standards for job roles that would fall into this definition at www.cbhscheme.com Types of testing There are five situations where drug and alcohol testing can be initiated: 1. Pre-placement testing: potential employees should be tested prior to taking up a role as set out in the D & A policy (this is more critical for drugs rather than alcohol, as alcohol is excreted rapidly from the body and thus easier to prevent detection by the stopping of drinking in the short term). Indicated when employee is designated as a safety critical worker. 2. For Cause testing: If there is suspicion that a worker is under the influence or recovering from the use of either drugs or alcohol or when there has been an incident or accident that could be attributable to such use. Safety critical work should not be resumed until the test results are returned as negative or shown to be due to medication and then should be further reviewed by an MRO (Medical Review Officer). 3. Random testing: A set proportion of the workforce (absolute minimum of 5%) is tested each year ideally with unannounced visits and names picked truly at random. 4. Unannounced Testing: This can be undertaken on contractors or agency personnel who are undertaking safety critical work 5. Compliance Testing: Testing undertaken on employee undergoing treatment programmes Failing a Drug or Alcohol Test Currently the national standard for alcohol in breath is set by the Driver Vehicle Licensing Centre (DVLA) as 35 micrograms of alcohol in 100 millilitres of breath. However, safety critical roles have a higher requirement in the duty of care for decision making and performance levels; working on a construction site has additional hazards and risks not found on the road network. Therefore it is Guidance D & A 6 Sept 2012 Version 2
suggested that the Rail Standard is used across the construction industry for safety critical workers which is set out below: The criteria for failing a drug or alcohol test are: The presence of drugs for which there is no legitimate medical need or very raised levels of prescribed drugs or A quantity of more than 29 milligrams of alcohol in 100 millilitres of blood, or A quantity of more than 13 micrograms of alcohol in 100 millilitres of breath, or A quantity of more than 39 milligrams of alcohol in 100 millilitres of urine CBH is able to record the two levels of alcohol testing as either Safety Critical test (Railways) or Standard test (as set by the DVLA) as selected by company policy. See National Standards issue 2 for further information. Refusal to participate in testing or failure to conform to the testing process by an employee will result in an investigation of the facts and could result in summary dismissal, of such employee. Those employees who are receiving help with drug or alcohol addiction and who have sought assistance (prior to testing) a more frequent D & A testing regime can be followed and assessed on a case by case basis following medical assessment and investigation of compliance with rehabilitation programmes. Disciplinary procedures are not pursued when an employee has sought assistance. CBH suggests that in the event of a failed drug or alcohol test for return by an employee (assuming employment continues) a return to safety critical work should not be permitted unless: 3 years have elapsed, and The employee passes a drug and alcohol test prior to pre-placement, and The employee has an individual programme of unannounced testing for a period of time agreed between the employee and management, using practice guidelines for the specified substances/alcohol at that time Record Keeping All drug and alcohol testing records should be kept for a minimum of three years. Interrogation of testing results should be undertaken to identify hotspots or emerging trends, this information should be kept, discussed confidentially and appropriate action taken. Guidance D & A 7 Sept 2012 Version 2
The status of drug/alcohol testing will be recorded on the CBH card for site policy compliance reducing the need for repeated testing when visiting different sites More information available from: Constructing Better Health: HSE: Alcohol and Drugs at Work: www.cbhscheme.co.uk www.hse.gov.uk/alcoholdrugs/ Alcohol Concern: Tel: 020 7264 0510 www.alcoholconcern.org.uk Alcoholics anonymous: Tel: 0845 769 7555 www.alcoholics-anonymous.org.uk NHS Choices (Drugs): nhs.uk/livewell/drugs/pages/drugtreatment.aspx Narcotics Anonymous: www.ukna.org Information on drug issues: www.talktofrank Railway Group Standard GO/RT8040 and Guidance Note (GN) GO/GN8570. Guidance D & A 8 Sept 2012 Version 2