Western Isles Health Board Human Resources Department Policy Protocol Procedure Document Title: Drug and Alcohol Policy Version 1 Authors Jean Davis, Occupational Health Physician Joan McKie, Occupational Health Nurse Date of issue Issued 05.11.2008 Consultation process Drug and Alcohol Policy Group OHSS Committee Staff Governance Committee Area Partnership Forum Risk Management Comm. SECC approval Review date Reviewers 2 years To be assigned by OHSS and HR
Document Control Version Date Latest changes made by Status Reason for change and reviewers Version 1 05/11/2008 Jean Davis Joan McKie policy development Document Approval Staff Governance Committee Reviewer Department And Job title Signing for (reviewers role and review responsibility) Signature and Date Peter Rintoul Signing for SGC Chair Document Approval Occupational Health & Safety Committee Reviewer Department And Job title Signing for (reviewers role and review responsibility) Signature and Date Linda Davidson Interim HR Director Signing for OHSS Chair Document Approval Area Partnership Forum Reviewer Department And Job title Signing for (reviewers role and review responsibility) Signature and Date Lynsey Hutchison Signing for Chair of Partnership Forum For Information Risk Management Committee Reviewer Department And Job title Signing for (reviewers role and review responsibility) Signature and Date Hospital Manager Risk Management Cte Chair Elena Macdonald Risk Manager Compliance with Risk Register 05/11/2008 Page 2 of 13 Occhealth
CONTENTS 1 Introduction...4 1.1 DEFINITIONS...4 2 All Involved...5 3 Policy Statement...5 3.1 EQUALITY AND DIVERSITY...6 4 Protocol and Procedure...6 4.1 4.2 PROTOCOL...6 PROCEDURE...7 4.2.1 Employee assistance... 7 4.2.2 Disciplinary action... 8 4.2.3 Complaints/appeals... 8 5 Accountability...8 5.1 NHS WESTERN ISLES IS RESPONSIBLE FOR:...8 5.2 DEPARTMENTAL MANAGERS ARE RESPONSIBLE FOR:...8 5.3 INDIVIDUAL MEMBERS OF STAFF ARE RESPONSIBLE FOR:...9 5.4 HUMAN RESOURCES DEPARTMENT IS RESPONSIBLE FOR:...9 5.5 OCCUPATIONAL HEALTH SERVICE IS RESPONSIBLE FOR:...9 6 Education and Training...9 7 Monitoring and Reviewing...9 8 Risk Process...10 9 References...10 10 Appendices...11 10.1 FLOWCHART...11 10.2 AUDIT FORM...12 10.3 SOURCES OF HELP...13 05/11/2008 Page 3 of 13 Occhealth
1 Introduction This policy is part of the Board s overall concern for the health, safety and welfare of staff. All workplaces have legal responsibilities to look after the health and safety of their staff through the Health & Safety at Work Act 1974 and the Misuse of Drugs Act 1971. This document is owned by the Human Resources Department. It has been developed following input from the Drug and Alcohol Policy Group comprising : Drug Development Officer Alcohol and Mental Health Liaison Nurse Alcohol Development Officer Scotland s Health at Work Facilitator Substance Misuse Community Worker Hospital Chaplain and Strategic Diversity Lead Human Resources Manager RCN Represenative Occupational Health Physician Occupational Health Nurse Lisa Buchanan Mahdi Newall Wendy Ingledew Norma Macleod Mustapha Hocine Callum Russell Richard Curry Lex Donnelly Jean Davis Joan McKie This statement sets out the NHS Western Isles Policy in respect of any employee or contractor whose proper performance of their duties is, or may be impaired as a result of taking drugs or drinking alcohol Alcohol and substance abuse frequently affects personal health and social functioning and can impair work capability. The latter can lead to absenteeism, lost time on the job, accidents, loss of training investments, waste, poor judgment and wrong decisions. 1.1 Definitions For the purpose of this policy, the following definitions apply: Alcohol misuse: Drug: Drug misuse: an alcohol-related problem is defined as any drinking, either intermittent or continual, which interferes with person s health and social functioning and/or work capability or conduct. refers to any drug whether illegal, over the counter from pharmacies or other retail outlets, or legal substances such as solvents. In the case of prescribed drugs, their possession and proper use is acknowledged as legitimate. the use of illegal drugs and the misuse whether deliberate or unintentional of prescribed medicines or solvents. 05/11/2008 Page 4 of 13 Occhealth
2 All Involved This policy and its Procedures has been developed in collaboration with the Drug and Alcohol Policy group. Recommendations for approval was sought from the Staff Governance Committee, Area Partnership Forum, the Occupational Health and Safety Committee, and the Risk Management Committee 3 Policy Statement It is the policy of the NHS Western Isles to maintain a safe, healthy and productive working environment for all staff, contractors and visitors. The purpose of this policy is to: Help protect employees from the dangers of drugs and alcohol and to encourage those with a problem to seek help To ensure that employees use of either drugs or alcohol does not impair the safe and efficient running of the organisation, or result in risks to health and safety of themselves, other employees, patients, clients or general public To comply with all relevant legislation in this area Objectives To alert staff to the risks associated with alcohol and to promote an awareness of sensible drinking To encourage staff who suspect or know that they have an alcohol or drug related problem (or who are suspected or known by colleagues to have such a problem) to seek help directly To ensure that the image and reputation of NHS Western Isles is maintained To restore effectiveness of any staff member affected by an alcohol or drugrelated problem of concern To state clearly NHS Western Isles policy in relation to drug and alcohol use. To develop and maintain an education programme that covers every level of the organization 05/11/2008 Page 5 of 13 Occhealth
3.1 Equality and Diversity Fair care is ensured to all without any discrimination between persons on grounds of sex, marital status, race, disability, age, sexual orientation, language, social origin, other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions. The policy applies equally to all employees at all levels including temporary staff and external contractors NHS Western Isles regards staff as our most important asset. We wish to help any staff member with an alcohol or drug-related problem to recover their effectiveness within an agreed timescale The application of the policy and procedure is limited to those instances of alcohol related problems which affect the capability or conduct of the staff member in relation to their work. The policy does not apply to staff who, because of excessive indulgence of alcohol on random occasions, contravene our standards of safety and conduct. Such cases will be dealt with according to our Management of Employee Conduct policy. 4 Protocol and Procedure 4.1 Protocol NHS Western Isles requires that all employees must be free from influence of alcohol or drugs during working hours or while on call Alcohol consumption is not permitted on NHS Western Isles premises or during working hours (including meal breaks). No employee must possess, consume, sell or give away illegal drugs No employee must use prescribed drugs improperly Being unfit for duty due to the influence of alcohol or drugs can be considered gross misconduct under the Disciplinary procedure and staff identified as being under the influence of alcohol or drugs may be subject to Disciplinary procedures. Employees who are representing NHS Western Isles in an official capacity will be required to use discretion and limit social drinking Employees on prescribed medication which may affect their duties must notify their line manager. Advice and guidance will be available from the Occupational Health Service 05/11/2008 Page 6 of 13 Occhealth
4.2 Procedure NHS Western Isles regards drug and alcohol problems as a health problem rather than a disciplinary matter. It also recognizes that early identification is more likely to lead to successful treatment NHS Western Isles promises to maintain the strictest confidentiality when dealing with individuals within the limits of what is practicable and within the law Employees seeking help will be allowed time off for treatment if necessary. Such leave will be treated as sick leave. Every effort will be made to assist them in returning to good health and full efficiency The organisation may invoke the disciplinary procedure in certain circumstances (see 4.2.2) We recognize that managers and Trade Union/Professional Organisation representatives are not qualified to come to conclusions about whether an alcohol or drug-related problem exists. The OHS will have the critical role in determining whether a problem exists and what help is appropriate. The Director of Human Resources and Workforce Development will ensure that OHS staff have the necessary knowledge and skills to do this, and where necessary will seek assistance from outside agencies. 4.2.1 Employee assistance The aim is to assist staff to cope with any problems. If it is suspected that someone has a problem, a common sense and sensitive approach should be used to find out if the cause is alcohol or drug related. Every attempt should be made to deal with problems in their early stages. When there is clear evidence that the employee has a problem and is genuinely seeking assistance, current disciplinary proceedings will be suspended and every effort will be made by the organization to assist that employee in a successful rehabilitation. Where an employee has been diagnosed as having a drug or alcohol problem, time off with pay will be allowed for counselling or other treatment. If an employee has successfully completed a course of counselling or other treatment and later relapses the line manager in consultation with Human Resources and the Occupational Health Service must decide whether to permit another period of treatment or to invoke the disciplinary procedure. During a period of treatment the organisation s Occupational Health Advisor, via the Human Resources Manager will keep the line manager up to date regarding the employee s progress, the likely return to work date and whether alternative employment needs to be considered. Following return to work the line manager (with advice from occupational health and human resources) will continue to review progress. 05/11/2008 Page 7 of 13 Occhealth
4.2.2 Disciplinary action The following drug-related incidents are considered to be serious offences warranting dismissal: a) possessing, using or selling illegal drugs in the workplace b) being convicted of any criminal offence connected with drugs, regardless of whether the offence took place inside or outside the workplace 4.2.2.1 where disciplinary action is appropriate but the employee concerned has a drug or alcohol problem, this may be taken into account as a mitigating factor 4.2.2.2 where an employee refuses the opportunity of help, continues to deny the problem and then reverts to the previous pattern of conduct or performance, the normal disciplinary procedures may be instigated. If the disciplinary procedure has been held in abeyance because of a health issue then disciplinary procedures may be reactivated. Management reserve the right to terminate the employment contract. 4.2.2.3 This policy takes into account that relapse is a common factor during treatment for both drug and alcohol dependence. While accepting that the success of treatment depends largely on the employee s commitment, this policy ensures there is scope for relapse and agreed steps for addressing relapse. 4.2.3 Complaints/appeals Employees who have concerns about any aspect of the policy or its operation should initially submit their complaint verbally or in writing to their line manager and thereafter follow the formal grievance procedure. 5 Accountability 5.1 NHS Western Isles is responsible for: providing the resources to enable the implementation of this Policy, Protocol and Procedure 5.2 Departmental Managers are responsible for: identifying the signs of drug or alcohol use taking the appropriate but sympathetic action as early as possible where there are signs of problems ensuring that all staff are made aware of the terms of the policy 05/11/2008 Page 8 of 13 Occhealth
5.3 Individual members of staff are responsible for: adherence to the policy and for reporting breaches of the policy seeking help if concerned about their own alcohol or drug use, from Occupational Health, Managers, Human Resources or outside agency 5.4 Human Resources Department is responsible for: working jointly with the Occupational Health Service to keep this Policy, Protocol and Procedure up to date liaising with all staff regarding the content of the Policy auditing the implementation of and compliance with this Policy providing guidance and training to Managers and other staff 5.5 Occupational Health Service is responsible for: working jointly with the Human Resources Department to keep this Policy, Protocol and Procedure up to date liaising with all staff regarding the content of the Policy giving informal advice to any concerned Manager, colleague, Trade Union representative or staff member as required assessing the nature and extent of the problem and supporting staff throughout whatever programme of rehabilitation has been arranged notifying the Human Resources Department of the outcome of the referral process at all stages within the bounds of confidentiality 6 Education and Training the provision of education and training is an essential ongoing part of the NHS Western Isles approach to the problem of drugs and alcohol use in the workplace information and publicity about drugs and alcohol in the workplace are conveyed through leaflets, posters and notice board information access to the Policy will be made available through the Intranet guidance will be provided by the Human Resources Department to managers/supervisors to enable the policy to be effectively communicated and implemented Managers/supervisors will be trained to recognise the early signs of drug and alcohol use and in effective interviewing skills. 7 Monitoring and Reviewing This policy will be reviewed every two years. In addition, the policy will be revised nd when new evidence becomes available, or as a result of deficiencies incourse of audit. The Human Resources Department will audit practice against this document at least annually with the audit form included in the Appendices. 05/11/2008 Page 9 of 13 Occhealth
8 Risk Process The risk assessment form is available from the Human Resources Department on request. C:\Documents and Settings\occhealth\De 9 References For further guidance refer to the following: Partnership Information Network (PIN) Guideline, Alcohol Drug and other Substance Misuse 2003 Department of Health (1995) Sensible Drinking: The Report of an Interdepartmental Working Group Scottish Executive (2001) Plan for Action on Alcohol Problems Nursing and Midwifery Council (2004) the NMC Code of professional conduct standards for conduct, performance and ethics protecting the public through professional standards. The following legislation is applicable: The Health and Safety at Work Act (etc) 1974 The Safety Representatives and Safety Committee Regulations Act 1977 The Road Traffic Act 1988 The Misuse of Drugs Act 1971 05/11/2008 Page 10 of 13 Occhealth
10 Appendices 10.1 Flowchart Staff member has work capability problem(s) the cause of which is known or suspected to be alcohol or drug related Manager interviews staff member in normal course of aiming to rectify work performance difficulty. Staff member may be supported by a Trade Union/Professional Organisation representative. Manager offers referral to OHS as alternative to taking formal action, or, where there is contravention of certain rules and regulations, may apply the Management of Employee Conduct Policy. Staff member accepts referral to OHS. Manager suspends formal action pending outcome of referral Manager initiates formal action via HR and staff member accepts referral to OHS Staff member rejects referral to OHS OHS assesses the nature and extent of the problem and arranges, if necessary, a programme of help and treatment Alcohol or drug related problem is identified, OHS advises Manager on absence from work and co-operation required from the staff member s department Alcohol or drug related problem is not confirmed, staff member is referred back to Manager. Staff member co-operates: accepts help and treatment prescribed and returns to an acceptable level of work performance. Staff member does not cooperate: OHS notifies Manager. Manager applies the Management of Employee Conduct Policy Problem resolved 05/11/2008 Page 11 of 13 Occhealth
HR Dept / OH&S Dept Western Isles Hospital 10.2 AUDIT FORM Department: DRUG & ALCOHOL POLICY Date: AUDIT - COMPLIANCE AUDIT CRITERIA C N/C O COMMENTS The Policy/Protocol/Procedure document is present in all locations required, and is the current version HR and OH S staff know where the policy is located and the purpose of the policy Ask three members of WINHS staff the location of the policy Ask three members of WINHS staff the purpose of the policy KEY: C Compliance N/C Non-compliance O Opportunity for improvement Auditor s Signature. 05/11/2008 Version 1 Page 12 of 13 Occhealth
HR Dept / OH&S Dept 10.3 Sources of help 1. Occupational Health Service Western Isles Hospital Macaulay Road Stornoway, HS1 2AF Tel: 01851 70 8155 2. Alcoholics Anonymous Springfield Road Stornoway HS1 2PZ Tel: 01851 70 2221 3. The Caladh Trust An Caladh, East Camp Balivanich, Benbecula HS7 5LS Tel@ 01870 60 3888 4. Lifestyle Centre Town Hall, Point Street Stornoway HS1 2XF Tel: 01851 70 1010 (answerphone out of hours) 5. Alcohol Focus Scotland 2 nd Floor, 166 Buchanan Street Glasgow G1 2LW Tel: 0141 572 6700 www.alcohol-focus-scotland.org.uk 6. DRINKLINE Tel: 0800 9178282 7. National Drugs Helpline Tel: 0800 776600 www.talktofrank.com 05/11/2008 Version 1 Page 13 of 13