Drugs testing in the workplace?

Testing is not a simple solution:

Some employers, particularly those in safety-critical industries where risk of injury is higher, might choose to test their employees for drug and alcohol use. If testing is likely to be introduced, make sure you are consulted and understand how your business will carry out testing. The Government believes businesses should only be testing their employees when there is a genuine and measured need, such as where lives are at risk in safety-critical industries (transport and construction). .

If you are to introduce drug and alcohol testing, you must consider the many legal, ethical, data protection and human rights issues. Given the complexities of drug and alcohol testing, it is important to stress that testing is not a simple solution to combating substance misuse.

What is a model policy?

A policy is a formal statement of an organisation’s intent for dealing with any issue. It clearly states the rules and procedures on substance misuse if action needs to be taken. The style and complexity of a drug and alcohol policy will depend on many factors, including the size of the organisation and the nature of the business. It may be deemed appropriate to have separate drug and alcohol policies or a combined one.

Whether or not the policy is a stand-alone document or forms part of another, ie health and safety, will also need to be considered. However, the policies should always be cross-referenced. It is impossible to provide an ‘off-the-shelf’ policy as no policy can be deemed as ‘one size fits all’.

Protect your business:

An example of a drug and alcohol policy:

This model is for guidance only and acts as a framework for developing a policy.

You may download a copy of this example in Word Processor format here: document An example of policy.zip (5.79KB)

General statement

This organisation is committed to ensuring a safe, healthy and productive working environment and to minimising problems arising from the misuse of drugs and alcohol at work.

Aims

This policy has been developed to actively promote the health and well-being of all employees.

Its purpose is to ensure that:
all employees understand the dangers and harmful effects of drug and alcohol misuse
all employees are aware of their responsibilities regarding drug and alcohol at work
problems are identified and dealt with appropriately at the earliest stage possible
support and assistance is offered to those having a drug or alcohol problem which affects their work performance

Scope and responsibility

It applies to all staff at all levels. It has been developed in conjunction with employees, their representatives and all interested parties. All staff are responsible for adhering to the policy and reporting breaches of the policy. Managers at all levels are responsible for administering, monitoring and reviewing the policy.

Definition

Drug and alcohol problems in the context of this policy are defined as: ‘Behaviours resulting from the misuse of alcohol, illegal drugs and other substances which harm or have the potential to harm the individual (both physically and mentally) and, through the individual’s actions, other people and the environment’. This definition does not apply in cases where an employee is unable to perform their duties satisfactorily as a result of an isolated incident of drug or alcohol misuse. The normal response of a manager in these cases is to refer to the disciplinary procedures and proceed accordingly.

Rules and procedures

No employee will report for work while under the influence of drugs or alcohol.
No employee must possess, consume, sell or give away illegal drugs whilst on duty.
Nothing in this policy and procedures or their application shall be construed so as to prevent or inhibit the law.
Employees in safety-critical jobs who are found to be under the influence of drugs or alcohol will be liable for dismissal, regardless of the circumstances.
Procedures will ensure that all employees are aware of the drug and alcohol policy, its aims and safeguards.
All employees should be assured that advice, assistance and encouragement will be offered to anyone identified as possibly having a drug or alcohol problem that may adversely affect their work.
Employees may request help voluntarily, through peers or management and may bring a trusted colleague or a trade union member to discussions for support.
The employee will be advised of the consequences if help is refused or relapse occurs.

Disciplinary action

Assistance under this policy does not apply to anyone who, because of drug or alcohol misuse, behaves in a manner contrary to the standards of conduct required by this organisation. Such behaviour is dealt with in accordance with normal disciplinary procedures, until subsequent investigation has taken place which would uncover whether this route is the most appropriate.

Information, education and training

The organisation is fully committed to providing all employees with general information about drugs and alcohol; induction programmes incorporate drug and alcohol awareness; leaflets are available; and posters are displayed in appropriate places. Specific education, training, discipline and support programmes are also provided to managers and supervisors to help them recognise problems and deal with the consequences. or relapse occurs.

Help and support

Employees are encouraged to seek help voluntarily through an appropriate source, eg a line manager, an occupational health officer or an outside agency. Time off with sick pay is allowed for treatment and employees are given the same protection and employment rights as other employees with health problems. Employees will be made aware of the possible consequences if they refuse help or drop out of a recovery programme, ie that disciplinary action will be invoked.

Confidentiality

All discussions with employees are confidential subject to the provisions of the law, and the confidential nature of any records of employees with a drug or alcohol-related problem is strictly maintained.

Monitoring and review

The progress of this policy will be monitored and its effect reviewed periodically (at least annually).

Policy checklist

Use the following checklist to ensure that your policy:
clearly sets out its aims and objectives
clarifies that the policy applies equally to all employees regardless of grade or status
provides a definition of the substances covered by the policy
explains that the policy is set within the company’s health and safety and disciplinary rules
provides a section on confidentiality
commits to offering training to managers on the effective implementation of the policy
provides a commitment to raise awareness about the effects of drug and alcohol misuse in the workplace
offers details of testing procedures if applicable
contains a statement explaining that drugs or alcohol-related problems will be treated as health problems rather than disciplinary issues whenever possible
sets out clear rules and guidelines relating to misconduct involving drugs and alcohol
includes advice for employees on where to get local advice and help.

_{Acknowledgements:
We would like to thank Nicky Hewish from New Generation Training Ltd for
her help with the contents of this example model policy, and to the Northern
Ireland Executive’s contribution based on their Workplace drugs and alcohol
policies – example of a model policy. We would also like to thank the
Independent Inquiry into Drugs or Drugs Testing at Work.}