DRUGS & ALCOHOL POLICY
1. Purpose
To provide appropriate arrangements, rules, procedures and guidance on substance abuse in the workplace, in order to maintain a satisfactory and safe standard of work. To meet the requirements of the Health and Safety at Work Act 1974, the Misuse of Drugs Act 1971 and all other relevant legislation.
2. Scope
This policy applies to all hourly and salaried colleagues, permanent and temporary.
The process detailed in this policy applies equally to contractors, agency employees and other directly contracted persons during the application of that contract whilst attending a company location.
3. Responsibility
All those persons referred to within the scope of this policy are required to be familiar with the terms of this policy.
The following individual responsibilities are detailed below:
Managers
Managers must ensure that this policy is applied within their own area. It is imperative that managers are vigilant about their colleague’s behaviour and are aware of the signs associated with drug/alcohol and substance abuse as detailed in this policy.
People Manager
The People Manger has the responsibility for supporting managers when dealing with drug/alcohol use or abuse cases and ensuring best practice and legal compliance.
Colleagues
Colleagues must understand what is acceptable in relation to their behaviour at work and also what support the company can provide if they do have a substance dependency problem.
4. Policy Statement
The company considers that it has a responsibility towards colleagues to provide a safe and healthy working environment and recognises that this may be jeopardised by those who misuse alcohol, drugs or solvents within the working environment. It also aims to ensure that its business and commercial interests are not jeopardised as a consequence of any such misuse. The company will, therefore, take appropriate action against substance abuse to protect all colleagues’ health, safety and welfare, company property and the efficiency and success of our business.
The following principles form the basis of the company’s Substance Misuse/Drugs and Alcohol Policy:
- Colleagues must not consume alcoholic drinks on our premises, including at a function or event organised by the company, unless specific authority has been given and the alcohol has been made available by the company
- It is unacceptable for colleagues to be unfit for work (unfit for work is defined as having a positive drug or alcohol test) during their normal working hours due to the consumption of alcohol or drugs
- For clarification, in considering any disciplinary action following a positive drug or alcohol test result, it is immaterial whether the drugs or alcohol were taken outside of working hours i.e. at a weekend
- The possession, use or sale of illegal drugs by colleagues whilst on company premises or whilst carrying out work activities will be an act of Gross Misconduct and the Disciplinary Policy will apply
- Colleagues should advise their manager if they have been prescribed a drug that may impair their concentration or have any other side effects that may prevent them from working effectively
- Solvents must be used according to the manufacturers’ instructions, taking due care. The deliberate misuse of solvents at work will be treated as a serious breach of our Health and Safety Policy
- Colleagues who have, or who are developing, a substance dependency or addiction are encouraged to seek confidential advice and support from the management team
- The company will be sympathetic towards a colleagues request for time off to receive rehabilitation treatment and will be supportive towards colleagues who seek help with addiction problems
5. Definitions
5.1 Substance Abuse
Substance abuse is divided into four main categories:
- alcohol dependence/excessive consumption
- taking or possession of illegal drugs
- misuse of legal substances such as prescribed (or over the counter) medicines
- solvent abuse such as inhalation of glues or gases
Further information on illegal and legal drugs is given in Appendix 1.
5.2 Substance Dependency
Substance dependency is a condition where a colleague’s consumption of alcohol/drugs/solvents continually or repeatedly interferes with his/her health, work attendance or work performance. It is considered that dependency is a health or medical problem and the company will endeavour to assist colleagues who raise this with the company on an independent basis.
5.3 Substance Intoxication
Substance dependency and substance intoxication are viewed quite separately by the company.
Substance intoxication is a condition resulting from usage or consumption of the said substance, which may or may not result in irresponsible behaviour, but which is not necessarily related to a physical or psychological dependence.
A positive drugs test, which is not a result of substance dependency, will be classified as substance intoxication, irrespective of when the substance was taken, and irrespective of whether the colleague believes they are still under the influence of the substance.
If a colleague is, or is suspected of being, intoxicated during working hours or whilst on Company business, disciplinary action may be taken. Misconduct in the working environment or whilst carrying out work activities, in both cases, will be treated as a disciplinary offence and colleagues will either be requested to participate in a drugs and alcohol test or be escorted from the premises immediately. The outcome of any disciplinary action can be any penalty up to and including dismissal, as considered appropriate in the circumstances.
5.4 Self Referral
The term ‘self-refer’ or ‘self-referral’ relates to a colleague who has an alcohol and or drugs problem and makes themselves known to the business.
Self-referral is not possible at the point of testing.
6. Arrangements
6.1 Alcohol Control
Colleagues are prohibited from consuming alcoholic drinks on the company premises or from being at work/carrying out work activities whilst under the influence of alcohol. A breach of this rule will be considered to be Gross Misconduct, which may lead to disciplinary action up to and including dismissal, in accordance with the company’s Disciplinary Policy.
However, it is occasionally appropriate for the company to provide alcohol at work, for example at controlled social gatherings, but it will always offer a low alcohol or non-alcoholic alternative. On these occasions, colleagues are expected to behave in a safe and responsible manner and drivers are advised to make alternative transport arrangements for their journey home. Alcohol may only be available on the premises at such social gatherings with the approval of the People Manager.
Colleagues suspected of being at work/carrying out work activities whilst under the influence of alcohol will be required to take an alcohol test. Colleagues may refuse but should be aware that their refusal will mean that the company will be forced to make a decision about the individual’s conduct and capability to work based on such information as is available, which could be to the individual’s detriment.
The Company uses the ‘drink drive’ limits in the UK as the benchmark comparison. Therefore, a colleague driving any Asda vehicle, for or on behalf of Asda Logistics Services (ALS), in Scotland will be tested using the lower drink drive limit when they are working in Scotland. The limit is not changed for colleagues in Scotland who do not drive company vehicles for or on behalf of ALS.
If a test is returned positive the action outlined above will be taken.
6.2 Illegal Drugs Control
The possession or taking of illegal drugs is a criminal offence and as such is viewed seriously by Asda Distribution. Being under the influence of (as defined by a positive drugs test), or the possession, use, or sale of illegal drugs within the working environment or whilst carrying out work activities is strictly prohibited. A breach of this rule will be considered to be Gross Misconduct, which may lead to disciplinary action up to and including dismissal, in accordance with the company’s Disciplinary Policy.
Colleagues suspected of being at work/carrying out work activities having taken illegal drugs will be required to take a drugs test. Colleagues may refuse but should be aware that their refusal will mean that the company will be forced to make a decision about the individual’s conduct and capability to work based on such information as is available, which could be to the individual’s detriment.
6.3 Solvents
The misuse of solvents on company premises or whilst carrying out work activities is strictly prohibited. A breach of this rule will be considered to be Gross Misconduct, which may lead to disciplinary action up to and including dismissal, in accordance with the company’s Disciplinary Policy.
6.4 Medication
Many medicines, obtained with or without a prescription, can affect performance at work; therefore, colleagues in safety critical posts must inform the pharmacist or doctor of their job before taking any medication.
All colleagues must also inform their immediate manager if they need to take any medication which may cause drowsiness, impair reflexes or reaction times by filling out the Medication Notification Form (Appendix 2) stating how long they have been taking the medication and what the side effects are.
If any colleague is using medication that could cause safety or significant performance problems, the colleague may be required to take a leave of absence under medical suspension whilst awaiting an appointment with the Occupational Health or comply with other appropriate action determined by the company. If the outcome of the appointment is that the colleague is incapable of returning to work, then the Asda Distribution Absence Policy applies.
Attendance at work under the influence of any substance, whether prescribed or otherwise, that will knowingly impair performance or affect health or safety at work, without the knowledge and/or consent of the company is considered to be Gross Misconduct, which may lead to disciplinary action up to and including dismissal, in accordance with the Company’s Disciplinary Policy.
7. Identification
The company will endeavour to recognise the early signs of substance abuse and a number of performance indicators will, therefore, be monitored. Where a colleague begins to display one or more of these indicators his/her Manager will invite him/her to discuss the issue. The following factors should alert Managers to the possibility that substance misuse may be a causal factor:
- Continuous lateness and absenteeism
- Continuous poor work performance, output and accuracy
- Unreliability and a tendency to become confused
- Poor relations with colleagues, visitors and/or management
- Impaired concentration, memory and judgement
- Sudden mood changes and/or unusual irritability or aggression
- Accidents
- Physical signs such as smelling of alcohol, loss of appetite, unkempt appearance, bloodshot eyes, shaking
8. Drugs and Alcohol Testing
The flow chart below summarises the types of testing as well as highlighting key contacts and references. The percentages shown below are indicative and may be varied from time to time if concerns arise in particular work locations or across specific occupational groups.
8.1 Pre-Employment Testing
The company reserves the right to randomly select 1% of colleagues who will be required to take a pre-employment drugs and alcohol test which must be satisfactory to the Company before any offer of employment with the company is confirmed.
The test will be carried out by an independent third party. The prospective colleague may refuse but should be aware that the company will be unable to confirm the offer of employment.
8.2 For Cause Testing
The following list is not definitive, but provides examples of situations where it is foreseen that Asda Distribution can invoke “For Cause” testing. In some of the cases testing will automatically be undertaken as part of the current accident/incident investigation procedure:
- Any accident, incident or collision which has resulted in death or major injury to a colleague or member of the public
- Any accident, incident or collision where, as a result of an action by a colleague, a colleague or a member of the general public is injured and requires medical treatment (other than an accident which requires basic first aid)
- Any accident, incident or collision where there is non-trivial damage to property, equipment and/or Company products. This will include “dangerous occurrences” as defined and requiring notification under the Reporting Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)
- Where there has been continuous incidences of minor damage involving the same colleague
- After discovery of illegal substances or empty alcohol containers on Company property
- Reasonable suspicion that the colleague is ‘under the influence’ of drugs, alcohol or substances
Any refusal to take a drugs/alcohol test may result in a disciplinary hearing, which may in turn lead to disciplinary action up to and including dismissal
Where a colleague has tested positive for drugs/alcohol, this will be viewed as Gross Misconduct and they will be suspended on full pay in accordance with the procedure as detailed in the Disciplinary Policy. Following an investigation, the disciplinary procedure may be invoked up to and including dismissal.
8.3 Random Testing
The company operates a policy of random testing where 1% of all colleagues will be tested on an annual basis. This will be conducted throughout the year through an independent third party agency.
It may be necessary for colleagues to travel to attend a regional random test.
Where a random test is required, local management will be notified that the colleague has been asked to be tested.
Any refusal to take a drugs/alcohol test may result in a disciplinary hearing, which may in turn lead to disciplinary action up to and including dismissal
Where a colleague has tested positive for drugs/alcohol, then he/she will be suspended on full pay in accordance with the procedure as detailed in the Disciplinary Policy. Following an investigation, the disciplinary procedure may be invoked up to and including dismissal.
8.4 Follow Up Testing
Where a colleague has voluntarily come forward for confidential assistance for a drugs or alcohol problem they will be subject to further testing. This will be administered unannounced by the company.
This course of testing will be used in all cases where the colleague has self-referred themselves. This screening will run alongside a course of rehabilitation/counselling.
9. Procedure
9.1 Alcohol
The company uses a breath test device, which is manufactured to Home Office approved standards. These tests are concurrent with the methods employed by the British Police Forces and also approved by Home Office. The test device provides a print out of the test results.
The breath-alcohol testing devices will give a digital reading which will be compared against the company standard for a colleague’s role.
Where the company wishes to carry out an alcohol test, the procedure in Appendix 3 will be followed.
9.2 Drugs
The company uses drug check disposable drug testing kits for the testing certified by the American Food and Drug Administration (FDA) and a NAMAS (National Accreditation of Measurement and Sampling – UK) accredited analytical laboratory for confirmation of samples.
The disposable drug testing kit is also set to the established Substance Abuse and Mental Health Services Administration (SAMHSA) cut-off levels (mandatory reference guidelines) to avoid any risk of false positive results by environmental exposure. The company recognises that these methods are current best practice and best available technology with which to implement the policy.
All drug testing will be conducted by an appointed External Collection Service who provides competent persons especially trained in urine drug testing
Where the company wishes to carry out a drugs test, the procedure in Appendix 4 will be followed.
Where a colleague rejects or fails to conform to the testing processes for substances (i.e. alcohol, drugs and solvents) and/or fails to comply with a reasonable request to undergo a medical examination following due consideration of the facts, the Disciplinary procedure may be invoked and action up to and including summary dismissal may be taken.
10. Information & Training
Prevention campaigns will be staged periodically as part of the company’s overall health and safety communication initiative. Induction courses for new colleagues will also provide substance abuse awareness. The company will provide adequate instruction, information and training to all colleagues to enable them to recognise the dangers of substance abuse. Additional training will be provided to Managers and elected stewards to assist them in the early identification of substance abuse. Interviewing and counselling techniques will also be developed to ensure that colleagues can be dealt with tactfully, sympathetically and firmly.
11. Record Keeping
Records will be retained to demonstrate that the company has taken all reasonable and practicable precautions to safeguard the health, safety and welfare of colleagues. These records would include details of substance abuse training and awareness seminars attended by colleagues.
Where it has become necessary to discuss a substance abuse issue with a colleague, written notes will be retained, but the company acknowledges it has an obligation to maintain confidentiality, as detailed in the Data Protection Policy.
Where disciplinary action has been required, the records retained will be in accordance with the Company’s Disciplinary Policy.
12. Rehabilitation
Colleagues who believe they have or may be developing a substance dependency are encouraged to seek confidential advice and support voluntarily from their manager or People Manager. Where the company has established that a colleague may be suffering from the effects of a substance dependency, he/she will be encouraged to seek assistance.
An amnesty period of three months will be invoked. However, all cases will be dealt with on an individual basis.
The company will provide the appropriate support and may refer the individual to the Occupational Health Doctor/for external counselling who can provide specialist advice and counselling. This does not guarantee funding of such rehabilitation by the company and each case will be considered individually.
The company reserves the right to temporarily transfer the colleague from a safety critical role should the manager have reasonable grounds to believe that the individual is a health or safety risk either to him/herself or to others.
Whilst the colleague is co-operating with any rehabilitation programme, and on the understanding that the colleague is not intoxicated during working hours, full support will be available to the colleague as described above. However, if the rehabilitation programme is not completed, then the company will normally take disciplinary action in accordance with the Disciplinary Policy.
Upon successful completion of a rehabilitation programme, and provided work performance returns to an acceptable level, no colleague will suffer a detriment to his/her career and/or promotion opportunities or in any other way as a consequence of a referral under the terms of this policy.
Colleague Agreement
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