Workplace Drug & Alcohol Policy

1. THE SWANSWELL CHARITABLE TRUST Workplace Drug & Alcohol Policy Annie Steele Service Manager Coventry & Warwickshire

2. THE SWANSWELL CHARITABLE TRUST Context Alcohol related sickness absence costs business £2 billion a year1 In a recent survey 22% of London businesses reported absenteeism due to drug misuse2 49% of young adults (16-29 year olds) have experimented with illicit drugs3 16% of this group have used an illicit drug within the last month3 25% of those seeking assistance with their drug problem are in work3 The majority of people with drink problems are in employment4 1 A Maynard (Yorkshire Addictions Research Training and Information consortium) 2 London Chamber of Commerce 3 British Crime Surgery, Home Office 4 Economic Activity and Social Functioning of Adults with Psychiatric Disorders, OCPS. HSMO

3. THE SWANSWELL CHARITABLE TRUST Question: What are the legal and disciplinary issues?

4. THE SWANSWELL CHARITABLE TRUST Misuse of Drugs Act 1971: This is the key UK legislation relating to the control and classification of drugs. This Act and its subsequent amendments set down the penalties for possession and supply of various illegal drugs. Section 8 of the Act (recently revised as part of the Police and Criminal Justice Act) allows for the prosecution of ‘occupiers of premises’ who permit the supply of controlled drugs on their premises. Not taking reasonable action to prevent supply has been legally found to constitute ‘permitting’ – turning a blind eye is not an option.

5. THE SWANSWELL CHARITABLE TRUST Health & Safety at Work etc. Act 1974: Sets out the duty of care of employers to employees in the workplace. Section 2 places a duty on employers to provide a safe place of work and competent employees. Failure to deal with an employee who is under the influence of drugs or alcohol, who may constitute a risk to other employees, could leave an organisation open to prosecution. There is a particular emphasis on young people under 18 years of age.

6. THE SWANSWELL CHARITABLE TRUST Management of Health & Safety at Work Regulations 1998: Regulation 3 places a duty on the employer to make a suitable and sufficient assessment of the risks to health and safety of employees and others affected by their undertaking.

7. THE SWANSWELL CHARITABLE TRUST Common Law: Places a duty on the employer to take reasonable care of the health and safety of employees.

8. THE SWANSWELL CHARITABLE TRUST Provision and Use of Work Equipment Regulations 1998: Requires employers to assess any additional risk as a result of using work equipment in the conditions that exist in their business and particularly any special needs of young workers, in line with the Management of Health and Safety at Work Regulations 1998.

9. THE SWANSWELL CHARITABLE TRUST Data Protection Act 1998: All health and medical information is sensitive personal data under the terms of the Data Protection Act. All information surrounding possible drug or alcohol misuse must be handled securely and confidentially.

10. THE SWANSWELL CHARITABLE TRUST Road Traffic Act 1988: Sets out the offence of driving or attempting to drive a motor vehicle while unfit through drink or drugs. With regard to alcohol it sets the legal limit (80 milligrams of alcohol per 100 millilitres of blood). Companies should ensure this is reflected within their car policy.

11. THE SWANSWELL CHARITABLE TRUST The Transport and Works Act 1992: Makes it a criminal offence for specified jobs to be undertaken by those unfit through drink or drugs. Employers may be liable unless they can show ‘all due diligence’.

12. Alcoholic or Addict

13. THE SWANSWELL CHARITABLE TRUST Identifying The Problem What are the indications

14. These symptoms are associated with Drug or Alcohol Misuse, they can also be attributed to a number of other causes such as stress, medication 2 or more factors identified, key words are continuing and repeated.

15. THE SWANSWELL CHARITABLE TRUST When does substance misuse become a problem? Four main areas affected – the 4 L’s • Liver – the health problems associated with excessive substance misuse • Lover – relationship problems within families, partners, effects on children • Livelihood – occupation/study affected in terms of performance/attendance • Law – legal consequences, eg. drink driving, assault etc..

16. THE SWANSWELL CHARITABLE TRUST Continued … • When it fails to fulfil the intended function • When it fulfils short term functions but has long term adverse consequences

17. THE SWANSWELL CHARITABLE TRUST The underpinning ethos of our work is that of harm reduction The Functional Model • Anyone can have a drink problem • Alcohol serves functions for people • Interventions concentrate on the functions and can involve abstinence or controlled drinking The Disease Model • Problem drinkers are alcoholic • Abstinence is the only ‘cure’ • People with an alcohol problem are helpless over alcohol

18. THE SWANSWELL CHARITABLE TRUST Cultural influences and substance misuse Cultural background and heritage influence attitudes to substance misuse. It may be far easier for individuals from one cultural group to acknowledge a substance misuse problem and access services than for those from others.

19. THE SWANSWELL CHARITABLE TRUST Raising The Issue • Is it legitimate for a worker to enquire about a worker’s substance use? • The worker’s fear of being judged • The contemplator’s need for space to contemplate • Does the worker feel confident enough to cope if the worker agrees that their substance use is a problem?

20. THE SWANSWELL CHARITABLE TRUST When an employee's performance begins to deteriorate, when should the line manager intervene? Answer: When you have a record of performance deteriorating, the line manager has the right and responsibility to intervene. It is important that you are able to distinguish between a 'single offence' and an ongoing problem.

21. THE SWANSWELL CHARITABLE TRUST 4. Maintenance 3. Action Preparing for Change 5. Relapse 2.Contemplation • Enter Here Precontemplation How can change be achieved ? 5 stages of change model Ref Prochaska JO & DiClemente CC (1983) ‘Stages and process of self-change of smoking: Toward an integrative model of change’ Journal of consulting and Clinical Psychology

22. THE SWANSWELL CHARITABLE TRUST Local Services For information: www.wdat.org.uk