CHILDREN AND YOUNG PEOPLE SERVICE ALCOHOL, DRUG OR OTHER SUBSTANCE MISUSE OR ABUSE POLICY KirkleesEdnet/Management/HumanResources APRIL 2008
Prepared by: Human Resources Strategy Unit Revised: November 2001 Further Revised: June 2005 (assisted by EROG and HRMG to be implemented from February 2006) April 2006 September 2007 April 2008
KIRKLEES METROPOLITAN COUNCIL POLICY ON ALCOHOL, DRUG AND OTHER SUBSTANCE MISUSE OR ABUSE 1. INTRODUCTION 1.1 The aim of this policy is to provide a mechanism to support employees who are failing to maintain satisfactory standards of performance due to the misuse or abuse of alcohol, drugs or other substances. 1.2 The misuse and abuse of alcohol, drugs and other substances has become an increasing problem in society affecting all types of businesses and occupations. The adverse effect on employers can be considerable: lateness, absenteeism, poor performance, loss of productivity, bad behavior, poor discipline, and safety lapses are all common effects of misuse or abuse problems. An employee with a misuse or abuse problem can have a demoralising effect on colleagues, damage the Council s reputation and destroy customer relationships. 1.3 The Council recognises that it has a legal responsibility to its employees, to the public and to other organisations working on the Council s premises or property. It is committed to making proper provision for the health and welfare of its employees as well as ensuring the highest possible safety standards in all its operations. This policy aims to reflect that commitment. 1.4 This policy has been jointly agreed between the Council and the locally recognised Trade Unions. It contains policy objectives and the procedural arrangements for its application; and it commits the Council, the Trade Unions and employees to use the policy for the mutual benefit of employees and the Council. 1.5 It applies to all employees whose misuse or abuse of alcohol, drugs or other substances, in the opinion of the Council, interferes with their work or their relationships at work. It also applies to employees who seek help voluntarily. 1.6 The accompanying guidelines for managers/headteachers and employees should be referred to for further advice on the application of this policy. 2. POLICY OBJECTIVES 2.1 To increase awareness of the risks associated with excessive alcohol consumption, and the misuse or abuse of drugs or other substances. 2.2 To make it clear that the Council regards excessive or inappropriate alcohol consumption or the use of illegal drugs or other substances as incompatible with acceptable employment performance. 2.3 To strike a balance between showing a concern for an employee s welfare and safeguarding the Council s service delivery standards. 2.4 To help managers identify employees who have an alcohol, drugs or other substance-related problem and encourage them to participate in a programme of rehabilitation. 2
2.5 To encourage employees who suspect or know they have a misuse or abuse problem to voluntarily seek help and to pursue a programme of rehabilitation. 2.6 To ensure fair and consistent treatment of all employees with misuse or abuse problems. 2.7 To ensure that advice and specialist help is made available to employees at an early stage so that their medical condition can be investigated and treated with the utmost speed and confidentiality. 2.8 To promote a healthy and safe working environment and thereby protect the welfare of all individuals (employees, members of the public and visitors). 2.9 To improve general health and decrease levels of absence arising from alcohol, drug or other substance misuse or abuse. 2.10 To make it clear that the Council will generally take a welfare-based approach when dealing with employees who have an alcohol, drug, or other substancerelated problem. However, the severity of the problem or the refusal of help as described in this policy may lead to disciplinary, capability or absence management action and ultimately to dismissal. 3. PROCEDURE 3.1 Employees voluntarily seeking assistance 3.1.1 Any employee who suspects or knows that they have an alcohol, drug or substance problem can seek advice from the Employee Healthcare Unit. Employees should be able to seek such advice independent of management or Headteacher, however management or the Headteacher have the right to be informed of when individuals are to attend sessions during working time. 3.1.2 The Employee Healthcare Unit will outline to an employee who has sought help voluntarily, the range of specialist advice which is available, for example, from an Occupational Health Physician, General Practitioner, or outside agency. They will attempt to reach an agreement on which a recovery programme can be based. An employee who seeks help voluntarily should not be subject to disciplinary procedures in relation to their misuse or abuse problem. However, if the dependency is affecting either their performance or behaviour at work, management or Headteacher will intervene and the procedure will be as outlined in section 3.2. 3.1.3 Employees who voluntarily seek assistance to overcome an alcohol, drug or substance problem, prior to any management action, do not have to sign a support agreement if they do not wish to have any support during their working hours. 3.1.4 If medical intervention is recommended that would incur a cost to the Authority, the Employee Healthcare Unit will explore this with the employee so that agreement is reached regarding the need to inform the employee s line manager or Headteacher for approval of the expenditure. 3
3.1.5 Any information given to the Employee Healthcare Unit will be treated in the strictest confidence according to the Council s Code of Personal Conduct for Employees and relevant professional codes of conduct. In the case of a voluntary referral, information will only be passed to a nominated manager when either the employee has given written consent to do so or where there is an overriding reason for passing on the information, for example, a legal requirement or it is in the public interest to do so, for example, in connection with the Council s duty of care over an individual s fitness to drive.. 3.2 Management intervention 3.2.1 As soon as a manager/headteacher suspects, because of inadequate work performance, poor attendance record or observed behaviour, that a particular employee might have a misuse or abuse problem, the manager will firstly discuss the concerns with a HR Officer. The employee will be given an opportunity to respond to management s/headteacher s suspicions in a meeting with either a HR Officer or the manager/headteacher or both, the employee may be supported by a trade union official or work colleague of their choice. The employee will be encouraged to admit to any problem associated with alcohol, or drugs or other substance. To enable this to happen, the employee must be confident that the attitude of those involved will be one of empathy and understanding. 3.2.2 If the employee admits that they have a misuse or abuse problem, the manager/ Headteacher will make a referral for a medical assessment to the Employee Healthcare Unit or to an appropriate outside agency with the employee s consent. 3.2.3 Where an employee denies that there is a problem of misuse or abuse, the manager will make the employee aware that if support under this policy is declined, appropriate managerial action will be taken if there is any evidence of inadequate work performance, inappropriate conduct or poor attendance. 3.2.4 Where the employee is referred to the Employee Healthcare Unit at the request of the manager/headteacher, the Occupational Health Nurse or Doctor will discuss the problem with the employee and obtain their consent for the relevant information to be supplied to the manager in the strictest confidence. The Data Protection Act provides a right of access by an employee to their health record held by the Council s Employee Healthcare Unit. The Employee Healthcare Unit will attempt to ascertain the contributory factors which have led to the referral so that there is agreement with the employee on a future course of action if any is required. 3.2.5 Following the medical assessment the employee will be given the option of signing up to a rehabilitation programme in the form of a support agreement. 3.2.6 It is anticipated that where an alcohol or drug support agreement results from disciplinary, capability or other investigation and action the support agreement will include the employee s consent for the Occupational Health Nurse or Doctor to provide a statement to the referring manager/headteacher, whilst maintaining confidentiality. 3.2.7 The Employee Healthcare Unit will advise whether time off work for treatment is required and whether adjustments to duties and responsibilities should be made in the interim period. 4
3.2.8 Suitable alternative employment will be considered if there is a risk of a recurring misuse or abuse problem or of jeopardising the welfare and safety of the employee or of others from remaining in the substantive post. This may be on a temporary basis whilst treatment is considered, given or monitored. 3.2.9 If an employee fails to follow the rehabilitation programme as described in the support agreement or discontinues a support agreement before its satisfactory completion they may be subject to: normal disciplinary proceedings - if they commit any disciplinary offence, absence management proceedings if their level of sickness hits triggers, capability procedures if their standard of performance falls below acceptable levels, Any of which could lead to dismissal. 3.2.10 Following a support agreement does not give an employee immunity from any disciplinary action unrelated to their abuse or misuse problem. 3.2.11 The employee will be monitored against the support agreement and their health will be regularly monitored during the rehabilitation period. 3.3 Medical referral 3.3.1 If during a normal medical referral the Employee Healthcare Unit suspects that an employee has a misuse or abuse problem, the employee will in the first instance be encouraged to voluntarily seek help as in section 3.1. 3.3.2 The Employee Healthcare Unit is required to protect all confidential information regarding employees obtained in the course of its professional practice. Disclosure of information can only be provided with consent, where required to do so by the order of a court of law or where there can be justification for disclosure in the wider public interest, for example, in connection with the Council s duty of care over an individual s fitness to drive. 3.4 Action against employees 3.4.1 Disciplinary, capability or absence management action resulting from misuse or abuse will not normally be taken against employees who voluntarily request help, unless other matters of discipline are involved. However, in circumstances where the request arises once disciplinary, or other process, has commenced, managers may wish to hold a hearing prior to making an offer of an alcohol or drug support agreement. 3.4.2 Where it is anticipated that the nature of the allegation could result in a disciplinary sanction management or Headteacher should consider: a) Suspending the disciplinary process pending intervention from an appropriate occupational health care professional. b) Continuing with the disciplinary process alongside intervention from an appropriate occupational health professional. 3.4.3 Where it is decided to continue with the disciplinary process and the offence committed would otherwise lead to dismissal it is recommended that prior to making a decision consideration be given to issuing a final written warning as an alternative to dismissal in conjunction with an alcohol or drug support agreement. 5
3.4.4 There may be occasions when the disciplinary approach would still be appropriate, for example, serious incidents of drunkenness at work or undertaking driving duties while under the influence of alcohol or drugs. Such incidents are considered to be examples of gross misconduct and summary dismissal may be the result. 3.4.5 Where Capability or sickness absence issues arise they will be dealt with in line with those for disciplinary procedure as detailed in sections 3.4.2 and 3.4.3 above. 3.4.6 Employees have the right to be accompanied by a recognised Trade Union representative or work colleague of their choice at all stages of this procedure. 4. THE SUPPORT AGREEMENT 4.1 The Council will offer assistance to anyone suffering from alcohol, drug or substance misuse or abuse in the same way as any employee suffering from any other serious health condition. This policy reflects the belief that individuals who have such problems need support and help, which should be offered in an environment which is caring and confidential. Any employee identified as having a misuse or abuse problem will be treated sympathetically and reasonably but positively. The aim is that the employee s health will ultimately improve and that the employee will be able to return to an acceptable level of performance or attendance or both, and with no recurrence of the original or related problem. 4.2 The aim of the support agreement is to commit the employee to follow a programme of rehabilitation and the Council to make provision for such counselling, therapy, treatment and support for the employee as is reasonable. 4.3 Employees will be granted time off work for blood or other specimen tests carried out by or on behalf of the Employee Healthcare Unit and to attend a specialist treatment clinic where appropriate, during normal working hours. Normal sickness rules will apply to such absences. The Council will record and monitor all sickness absences associated with the alcohol, drug, or substance-related problem including time off work to comply with a support programme. Details of the exact process will be outlined in the individual support agreement. 4.4 The support agreement will be agreed following consultation between Employee Healthcare, the line manager/headteacher and the individual concerned. The Employee Healthcare Unit will report elements of inconsistency to the Head of Human Resources who will intervene as necessary. 5. THE EMPLOYER S RESPONSIBILITY IN ACCORDANCE WITH THE DISABILITY DISCRIMINATION ACT 1995 5.1 Section 1 of the Disability Discrimination Act 1995 defines a disabled person as someone who has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. On the face of it, alcoholism, drug or substance dependency might be thought to fall within the scope of that definition. Under the Disability Discrimination (Meaning of Disability) Regulations 1996 S1 1996/1455, however, addiction to or dependency on alcohol or any other substance is specifically excluded from the scope of the Act unless the addiction was originally the result of the administration of medically prescribed drugs or other medical treatment. 6
5.2 Employees with impairments that are the result of an addiction, for example, liver damage or a clinically recognised illness caused by alcohol, are covered by the Act. Therefore, employees who have a recognised alcohol or other related disease could be considered to be disabled under the Act. If that is the case the Council s policy on disability will apply and managers should seek advice from their Equalities or HR Officer before proceeding with either this policy or the sickness absence management policy. 6. CONFIDENTIALITY 6.1 Employees with a misuse or abuse problem should have no fears about seeking advice and help to aid their recovery. The manager/headteacher will give them assistance willingly and in complete confidence. The confidential nature of any records or correspondence will be subject to the statutory protection of the Data Protection Act 1998 (with effect from March 2000) and the Access to Medical Reports Act 1988. 7. COMMUNICATING THE POLICY 7.1 It is important that this policy is effectively communicated to all employees and that managers/headteachers are trained in implementing it. Training measures will be instituted where appropriate and new employees will be made aware of the policy through the Council s induction programme and local induction arrangements. 8. MONITORING AND REVIEW 8.1 The Council and the Trade Unions accept that this is a working policy and its effectiveness should be evaluated in the light of operational experience. Both parties retain the right to monitor the policy and to ask for a review at any time during its operation. 8.2 The Employee Healthcare Unit and HR Officers will monitor the operation of the policy to ensure that it is clearly understood, and consistently applied. They will pay particular attention to the clarity of the policy and operational guidelines, and the ability of managers/headteachers and employees to discharge their responsibilities under the policy. 8.3 The Employee Healthcare Unit and HR Officers will collate statistical information on an annual basis in order to monitor the effectiveness of the policy. This will include, for example, the number of employees who have voluntarily sought help and the number of employees referred through management or medical sources. Other useful indicators will be the number of support agreements in operation, the number of agreements successfully completed and the number of broken or failed agreements. 8.4 Monitoring information will be dealt with in strict confidence and will not reveal the identity of individual employees. 7
9. APPENDIX ALCOHOL, DRUG AND OTHER SUBSTANCE MISUSE OR ABUSE SUPPORT AGREEMENT (EXAMPLE ONLY) The purpose of this support agreement is to offer support and treatment for (name) who requires help with (condition) with the aim that (name s) health will ultimately improve and that (she/he) will be able to return to an acceptable level of (performance or attendance or both) with no recurrence of the problem. BACKGROUND The Council has identified that (name), (job title) employed at (address) is unable to adequately fulfil (his/her) contractual duties owing to.. The Council has established that (name) has.. to such an extent that (his/her) ability to fulfil (his/her) contractual duties is impaired and that (he/she) has rendered (himself/herself) liable to disciplinary capability or absence management action. (Only to be used in the case of sanction being given). INFORMATION 1. On this occasion, provided that (name) complies with all of the provisions set out below, the Council will not initiate disciplinary proceedings in relation to their misuse/abuse problem. For use on Voluntary referrals only. 2. For its part, the Council will endeavour to make provisions for counselling, therapy, treatment and support in the form of a rehabilitation programme for (name) as is reasonable, with a view to enabling (him/her) to meet the provisions contained in this agreement. 3. It is expected that during the period of the support agreement the individual will: (insert as appropriate) refrain from alcohol/drugs not be under the influence of alcohol/drugs (as defined by drink drive levels) 4. It is therefore understood and agreed by (name) that should (he/she) fail to complete this agreement or breach any of the conditions arising from the rehabilitation programme, the agreement may be terminated and any relevant disciplinary, capability or absence management action instituted. This may ultimately, lead to dismissal. 5. It is understood by all parties, that the contents and requirements of this agreement do not vary or form part of the terms and conditions of (name s) contract of employment nor do they in any way inhibit or restrict (his/her) statutory rights with regard to employment. 8
AGREEMENT 1. (name) will make every effort to refrain completely from.. 2. (name) will not present (himself/herself) for work while under the influence of.. but will report the absence in accordance with the Council s sickness absence procedures. 3. Sickness absence will be strictly monitored and dealt with according to existing procedures. If absences are such that triggers are being hit as set out under the attendance improvement/absence management policies this may ultimately lead to dismissal. 4. (name) will attend.. when appointments are made and will participate in courses of therapy, counselling or other non-surgical treatment prescribed by the relevant medical adviser. 5. When appointments are made (name) will attend all sessions with the Occupational Health Nurse or Doctor, and others involved in the support programme, as part of ongoing therapy, counselling or treatment. 6. When requested to do so by the Employee Healthcare Unit, (name) will attend at its surgery for monitoring purposes and will co-operate fully with the Occupational Health Nurse or Doctor. 7. (name) will comply with all requests to provide blood samples or urine or such other specimens as may be directed by Employee Health Care. Requests to provide relevant specimens may be made either through a regular appointment system or randomly or both at anytime during (name s) working hours. (He/she) will give written consent to testing at the time they are required to provide any sample or specimen. To be used in cases resulting from disciplinary or absence management cases 8. (name) gives written consent for the Occupational Health Nurse or Doctor to provide information to the (named referring manager/headteacher) of the results of tests on specimens, whilst maintaining confidentiality. Signed.. (Employee) Signed.. (Employee Healthcare Unit) Signed.. (Employee s manager/headteacher) Date Date Date Signed.. Date (Trade union representative or other person of the employee s choice) 9