Section 0D
December 2002
NOTE:
Whilst every care has been taken to ensure accuracy within this work, no liability whatsoever is accepted by Construction Health and Safety, its sponsoring organisations or their advisers in respect of the information given. No material from this book may be reproduced in any shape or form without written permission from the publishers.
Printed in Great Britain by Lithoflow, 26-36 Wharfdale Road, Kings Cross, London N1 9RY. Published by the Construction Confederation, Construction House, 56-64 Leonard Street, London EC2A 4JX.
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CONTENTS
Introduction Definitions Drink Driving Prescription Drugs Alcohol Consumption Testing for drugs and alcohol Scope of the problem Identification of alcohol and drugs problems Addressing drugs and alcohol at work Developing a workplace policy Alcohol and drugs policy. implementation Temporary and sub-contracted staff Abuse outside the workplace Drug or alcohol screening and testing Pre-employment testing Probation testing Periodic testing Post incident testing For cause testing Random testing Rehabilitation testing Refusing a test or drug screen Taking disciplinary action Draft drink and drug abuse policy and procedure Controlled drugs References OD4 OD4 OD4 OD4 OD4 OD5 OD5 OD5 OD5 OD5 OD6 OD6 OD6 OD6 OD6 OD6 OD6 OD6 OD6 OD6 OD7 OD7 OD7 OD8 OD10 OD12
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Drink Driving
Driving whilst under the influence of alcohol is a criminal offence, with penalties which spread from a fine with or without disqualification to a term of imprisonment. The current legal limit is 80mg of alcohol to 100ml of blood. The law allows no discretion.
Definitions
Alcohol a colourless volatile inflammable liquid forming the intoxicating element in beer, spirits and wines. Alcoholic a person suffering from alcoholism Alcoholism an addiction to, or the diseased condition relating to the consumption of alcoholic liquor Drug" or "Drugs is deemed to refer to all banned substances, pharmaceutical drugs, alcohol and solvents unless otherwise stated Drug Abuse is "the intermittent or continual use of drugs (as defined above) which, when abused or used for non medical reasons, are detrimental to the employee's health and/or work performance in areas which effect efficiency, productivity, safety, attendance or behaviour at work or during business." Under the influence A sufficient amount of the substance in the employees system to produce a positive result from a medical test or breathalyser and, or that the employee shows erratic abnormal behaviour likely to pose a risk to others or to interfere with their job performance. Substance includes the use of illegal drugs, misuse of legal drugs or other substances such as solvents or alcohol. Company premises means all property owned, operated, leased by or otherwise under the control, in whole or part of. This includes building and construction sites as well as company offices on or off site
Prescription Drugs
Not only can illegal drugs be dangerous on site, so can drugs prescribed by a doctor. On every prescription received from the chemist there is a notice giving details of the correct dosage to be taken and at what intervals. This dosage must be strictly adhered to as taking more than directed may have adverse effects on the bodily symptoms. Some direction labels may also give a warning for example
Alcohol Consumption
Alcohol consumption varies from person to person. Some people have never taken alcohol because of their beliefs, some people have decided to abstain because of medical or other reasons. The fact remains that alcohol has a soporific effect on all people, it is only the amount of effect that differs. Excessive or binge drinking is bad not only for the effects that are quickly felt, but also for long term medical effects. The Government Department of Health recommended alcohol intake amounts are 28 units per week for men and 21 units per week for women. One unit of alcohol is one normal measure of spirits. A pint of beer or Lager is taken as containing two units of alcohol. Continued excessive intake of alcohol can result in scarring of the liver tissue, which affects the function of the liver. Approximately 30% of all people diagnosed with the condition of Cirrhosis of the Liver will survive 5 years after diagnosis.
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work and poor presentation of the finished article Mood swings from happy to sad or morose Irritability or aggression, argues with superiors or work colleagues Misconduct Other ways of identifying alcohol and drugs problems among your employees include: Self identification and or self referral to treatment Identification by a co-worker Identification by a supervisor Performance testing Education of employees about the nature of alcohol and drug problems, the workplace policy and treatment options will improve the chances of the affected person or a coworker identifying that a problem exists. The benefits of such identification need to be clear and you need to guarantee that employees who seek help will not be disadvantaged or punished. Your management, supervisors and employees should not interfere in someones private life unless aspects of that persons use of alcohol or drugs affects their or others work performance. Your supervisors and managers should only identify or intervene where there are performance deficits or other work-related indications that a problem may exist. Supervisors and managers may need training to be effective in identifying and addressing drug or alcohol misuse problems. Such methods of identification should be clear from any policy introduced by a company and be agreed to in the consultation process prior to such a policy implementation.
The policy is likely to be lawful and proportionate if: it is instituted to protect and promote employees safety. employees are aware of the policy. employees will know what the employer will do with the test results, and the employer has no other reasonable alternative way of obtaining the same result.
Pre-employment testing
This type of testing, as the tile implies, is carried out prior to an applicant commencing employment with a company. It can be done as a separate entity or during a preemployment medical examination. Draw backs to this type of testing is that where an applicant is aware that such a test will be carried out, they may be able to refrain from the use of the drug or alcohol in the pre-test period, thereby giving a false test.
Probation testing
Carried out during a period of probation following the commencement of employment. This allows the employer to assess the employee and take any action necessary should that employee be found using drugs or alcohol. Whilst this type of testing may be possible in an office environment it is not particularly practicable on construction sites. Due to the peripatetic style of the workforce anyone who is abusing drugs or alcohol could leave employment by a contractor if they were aware when such a test was to be carried out.
Periodic testing
This is testing to a laid down routine after specific work tasks, such as crane and plant operating or vehicle driving have been undertaken or to an agreed time scale. Again this type of testing would allow for an employee so inclined to refrain from the use of the drug or alcohol in the pre-test period, thereby giving a false test.
Post-incident testing.
Carried out after an incident or accident has occurred, where an employer believes that the effects of drugs or alcohol could be a contributory factor to the incident or accident.
For-cause testing
This test may be carried out when a manager or supervisor, concerned by an employees, unsteady gait, slurring of words or behaviour which is unusual, and has reason to believe drugs or alcohol could be involved. Extreme care must be used when carrying out this type of testing as the person being tested may claim victimisation or intimidation.
Random testing
Purely as the heading implies. Testing carried out on a purely random method either of the entire workforce or a group or groups of individuals.
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Rehabilitation testing
Carried out as a precautionary practice after an employee previously affected by the use of drugs or alcohol, has submitted themselves to a period of rehabilitation. This allows the employer to acknowledge that the person concerned has kept up the rehabilitation process or regressed. Usually where the employee has regressed, disciplinary proceedings will have to be considered as the help offered by the company is clearly being abused Screening itself will never be the complete answer to problems caused by drug misuse and its results must always be supplemented by a professional assessment of the employee. Prevention is just as important and this guidance is relevant whether screening is introduced or not. In any event, screening is only likely to be acceptable if it can be seen to be part of an organisations occupational health policy and is clearly designed to prevent risks to the abuser and others.
disciplinary policy allows. It is essential that the drug and alcohol policy is consistent with disciplinary procedure. The latter may require amendment to ensure that, where appropriate, disciplinary action can be taken against employees.
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Appendix A
Draft drink and drug abuse policy and procedure
The attached draft policy is for guidance only. Any policy should reflect the requirements of the business and must be implemented in practice. Introducing a policy that is not followed or is inappropriate to the business may be worse than not having a policy at all. The policy imposes obligations on you as an employer as well as your employees, if you have a policy you may for example have to agree to treatment to employees where you may otherwise have simply followed the disciplinary procedure. Further, if a policy is adopted it must be reviewed regularly to ensure that it is working and changed as necessary. You must also ensure the employees remain still aware of the policy and its consequences. This draft policy has been reproduced with the kind permission of The Construction Confederation
Work Performance
Difficulty in concentration Work requires increased effort Individual tasks take more time Problems with remembering instructions or own mistakes
Mood Swings
Irritability Depression General confusion
Misconduct
An employees substance problem may come to light as a mitigating factor in a disciplinary interview. It may be treated as a mitigating factor for certain less serious disciplinary offences, such as poor timekeeping or lateness, provided the person is prepared to undergo treatment.
Policy
The Company recognises the potential dangers of alcohol, drug and solvent abuse, known as substance abuse, to both the individual and the Company. The Company aims to prevent, where possible, alcohol, drug and solvent abuse amongst employees and to detect at an early stage employees with problems. The Company aims to prevent, and where possible, will offer assistance such as counselling or leave of absence from work if required for treatment. There may be, however, some instances when this offer may not be appropriate and Managers must assess each case individually.
Self referral
In some instances, employees may come forward voluntarily and seek help themselves.
Managers responsibility
A Manager who suspects one of their employees of having a substance abuse problem must discuss the matter with the relevant [Manager/Director] Before approaching the employee with their concern. The (Manager) will then discuss the matter with the employee and try to establish the cause of the problem (although it must be pointed out that individuals with a drugs or alcohol problem will often go to great lengths to conceal the situation). The employee should be reminded or informed of the assistance the Company is prepared to give employees who are trying to overcome an alcohol or drugs problem and should be informed of outside agencies where help can be obtained. The employee should be informed that the Company requires his or her performance to be improved to an acceptable standard and that failure to achieve this will result in dismissal. The (Manager) (having consulted with the (Director)) should agree with the employee what follow-up action is to be taken. Where it is established that alcohol or drugs is or could be the problem, an appointment should be arranged with the Company Doctor. If the employee denies that either alcohol or drugs are the cause of the problem (whether believed or not), he or she should be treated as for any other disciplinary/capability problem, whichever is judged as appropriate by the (Manager) and (Director). However, if there are strong signs that the employees unsatisfactory performance is drug or alcohol-related and he or she will not admit or acknowledge this, further encouragement should be given at all stages of the disciplinary/capability procedure to face up to the true underlying problem.
Rules
Employees must not use, possess, conceal, transport, promote, or sell prohibited substances whilst on Company premises, in Company vehicles, on client premises or at the work site. Employees must not report for work under the influence of prohibited substances. Employees must not consume alcohol in the office or on site except on approval occasions.
Definitions
Under the influence means that there is a sufficient amount of the substance in the employees system to produce a positive result from a medical test or breathalyser unit and/or that the employee shows erratic abnormal behaviour likely to pose a risk to others or to interfere with their job performance. Substance includes the use of illegal drugs, misuse of legal drugs or other substances such as solvents or alcohol. Company premises means all property owned, operated, leased by or otherwise under the control, in whole or part of.
Absenteeism
Instances of unauthorised leave Frequent Friday/Monday absences Leaving work early Lateness ( especially on returning from lunch) Excessive level of sickness absence Strange and increasingly suspicious reasons for absence Unusually high level of sickness for colds, flu, stomach
accordance with the Companys Absence Policy. Every effort should be made to ensure that on completion of the recovery programme employees are able to return to the same or equivalent work. However, where such a return would jeopardise either a satisfactory level of job performance or the employees recovery, the appropriate (Director) will review the full circumstances surrounding the case and agree a course of action to be taken. This may include the offer of suitable alternative employment, or the consideration of retirement on the grounds of ill health or dismissal. (Before a decision on dismissal is made, it should be discussed with the employee and an up-to-date medical opinion obtained).
will be subject to action under the Companys disciplinary procedure up to and including dismissal.
Right of search
The Company reserves the right to search the person, his/her possessions and or immediate work area of any employee or third party personnel who work, visit or perform services on Company premises.
Relapse
Where an employee, having received treatment, suffers a relapse, the Company will consider the case on its individual merits. Medical advice will be sought in an attempt to ascertain how much more treatment/rehabilitation time is likely to be required for a full recovery. At the Companys entire discretion, more treatment or rehabilitation time is likely to be required for a full recovery. At the Companys entire discretion, more treatment or rehabilitation time may be given in order to help the employee to recover fully.
Recovery unlikely
If, after the employee has received treatment, recovery seems unlikely, the Company may be unable to wait for the employee any longer. In such cases, dismissal may result but in most cases a clear warning will be given to the employee beforehand and a full medical investigation will have been undertaken.
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Appendix B
The Misuse of Drugs Act 1971 lists the drugs that are subject to control and classifies them in three categories according to their relative harmfulness when misused. Class A Includes ecstasy, cocaine, heroin, LSD, mescaline, methadone, morphine, opium and injectable forms of Class B drugs Includes oral preparations of amphetamines, barbiturates, cannabis, cannabis resin, codeine and methaqualone (Mandrax) Includes most benzodiazepines (EG Temazepam, Valium), other less harmful drugs of the amphetamine group, and anabolic steroids How usually taken Injected, snorted or smoked Effects sought
The penalties for offences involving drugs depend on the classification of the drug. Penalties for the misuse of Class A drugs are more severe than those for Class B drugs which are in turn more severe than those for Class C drugs. The Act also distinguishes, in terms of penalties that may be imposed, between the offences of possession and drug trafficking or supplying, with the latter attracting higher penalties. It is possible that in certain circumstances charges may be brought against an employer or employee under either this Act or the Health and Safety at Work Act 1974 or both. It would be up to the courts to decide on the circumstances of each case. Most commonly misused substances in the United Kingdom Harmful effects include Legal Status Class A
Class B
Class C
Name (street or trade name) Heroin (Smack, horse, gear, H, junk, brown, stag scag, jack)
Physical dependence, tolerance, overdose can lead to coma and even death. Sharing injecting equipment brings risk of HIV or hepatitis infection Dependence, restlessness, paranoia, damage to nasal membranes
Class A
Similar to those of snorted cocaine but initial feelings are much more intense
As for cocaine but, because of Class A the intensity of its effects, crack use can be extremely hard to control, damage to lungs Possible nausea and panic, overheating and dehydration if dancing, which can be fatal. Use has been linked to liver and kidney problems. Longterm effects not clear but may include mental illness and depression There is no way of stopping a bad trip which may be a frightening experience. Increased risk of accidents can trigger off long-term mental problems Class A
Ecstacy (E, XTC, doves, disco biscuits, echoes, scooby doos,) Chemical name MDMA
Alert and energetic but with a calmness and sense of wellbeing towards others. Heightened sense of sound and colours
Hallucinations, including distorted or mixed-up sense of vision, hearing and time. An LSD trip can last as long as 8-12 hours
Class A
Similar effects to those of LSD but the trip is often milder and shorter
Not illegal in raw state but Class A once dried or processed in any way Class B
Cannabis (hash, dope, grass, Rolled in tobacco blow, ganja, weed, into a spliff, joint or shit, puff, marijuana) reefer and smoked, smoked in a pipe or eaten
Impaired co-ordination and increased risk of accidents, poor concentration, anxiety, depression, increased risk of respiratory diseases including ling cancer
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Swallowed as tablets Calm and relaxed state, larger or capsules, injected doses produce a drunken effect ampules
Dependence and tolerance, overdose can lead to coma or even death. Severe withdrawal symptoms Insomnia, mood swings, irritability, panic. The comedown (hangover) can be severe and last for several days Dependency and tolerance, increased risk of accidents, overdose can be fatal, severe withdrawal symptoms
Class B
Class B
Tranquillizers (brand names Swallowed as tablets Prescribed for the relief of include valium, or capsules, injected anxiety and to treat insomnia. Altivan, Mogadon High doses cause drowsiness (moggies) Temazapam (wobblies, mazzies, jellies))
Class C. Available only on prescription (Medicines Act). Supply is illegal but, apart from Temazepam, not illegal to possess without a prescription. Misuse of Drugs Act 1971 and associated Regulations) Class C
Anabolic steroids (many trade names) Injected or swallowed With exercise can help to build as tablets up muscle. However, there is some debate about whether drug improves muscle power and athletic performance
FOR MEN: erection problems, risk of heart attack or liver problems. FOR WOMEN: development of male characteristics. Injecting equipment brings risk of HIV or hepatitis infection
Poppers (alkyl nitrates, including amyl nitrate with trade names such a Ram, TNT, Thrust)
Vapours from small bottle of liquid are breathed in through mouth or nose
Brief and intense head-rush caused by sudden surge of blood through the brain
Nausea and headaches, Not illegal fainting, loss of balance, skin to possess problems around the mouth but supply and nose, particularly dangerous without for those with glaucoma, anemia, prescription breathing or heart problems is illegal and can be an offence
Solvents (including gas lighter Sniffed or breathed refills, aeroslos, into the lungs glues. Some paint thinners and correcting fluids)
Short lived effects similar to Nausea, blackouts, increased Not illegal being drunk, thick-headed, risk of accidents. Fatal heart to possess dizziness, possible hallucinations problems can cause instant death but it is illegal for a shop keeper to sell solvents to anyone under 18, if they suspect they are intended for mis-use
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REFERENCES Legislation
Health and Safety at Work Act 1974 Road Traffic Act 1988 The Construction (Health, Safety and Welfare) Regulations 1996 The Management of Health and Safety at Work Regulations 1999 Transport and Works Act 1992 Misuse of Drugs Act 1971.
References
HSE publications INDG 240 L Dont Mix It! INDG 91 Drug Misuse at Work Forensic Science Service Managers Guide To Drug And Alcohol Policy In The Workplace Trades Union Congress Drunk or disordered Alcohol Concern State of the Nation 2002 Drugs and Alcohol at Work Dont Mix All of the above reference material is available from: Construction Industry Publications Ltd., 60 New Coventry Road, Sheldon, Birmingham, B26 3AY Tel: 0870 078 4400 Fax: 0870 078 4401 e-mail enquiries@cip-books.com
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