Smyths Toys Warehouses – Drug and Alcohol Policy

This policy sets out the Company’s aims in reducing and managing alcohol and drug problems in the workplace by having clear rules in place regarding use and possession of alcohol and drugs, testing, and supporting those who have reported an alcohol or drug dependence. Health and safety is of the utmost importance to Smyths Toys. Protecting our staff, contractors and visitors is at the forefront of what we do.

Due to the level of vehicles and machinery that is in use by majority of personnel on site, the distribution centres that we operate from are deemed as high risk units.

The consumption of alcohol and drugs has implications for health and safety at work since these substances impair coordination, judgement and decision making. This could lead to an increased risk of accidents and injuries.

This policy is designed to comply with relevant legislation such as the Health and Safety at Work etc Act 1974 and the Misuse of Drugs Act 1971.

You must not consume alcohol or unlawful drugs whilst at work, during breaks, or in a period prior to work in which they would still be under the influence when attending work.

You must not be in possession of alcohol or illegal drugs in the workplace.

If you are taking prescription drugs, you should advise your manager(s) immediately of any side effects which may affect work performance or the health and safety of yourself or others.

One-off cases where the rules of this policy are breached, such as someone consuming alcohol or drugs whilst at work or reporting for work under the influence of alcohol or drugs or suffering from the effects of alcohol will be classed as gross misconduct and will be dealt with under the normal disciplinary procedures.

Anyone found in possession of illegal drugs, dealing drugs or using illegal drugs whilst at work will be reported to the police.

For the purpose of the policy, alcohol dependence is defined as:

Consumption of alcohol by an employee, either intermittent or continuous, whereby the employee’s ability to perform their duties is impaired or their attendance at work is interfered with, or they endanger the safety of themselves and/or others.

Drug dependence is defined as:

The use of illegal drugs or solvents, the deliberate use of prescribed or over the counter drugs (when not for a medical condition), either intermittent or continuous, whereby the employee’s ability to perform their duties is impaired or their attendance at work is interfered with, or they endanger the safety of themselves and/or others.

If you suspect or know you have a drug or alcohol dependency, you must inform management immediately and are encouraged to seek support at an early stage. If we are aware that you have a drug or alcohol dependency, support will be given where possible. This may result in a temporary change to your job role or working patterns. Where the problem has become apparent through deterioration in work performance, you will have to demonstrate satisfactory completion of a programme of support and an improvement in work performance or disciplinary action will be taken.

Employees have access to our confidential, external Employee Assistance Programme (EAP), 24/7. Our EAP offers support for substance abuse / addiction. Or with consent, we can make a management referral on your behalf.

The Company acknowledges that relapse is common with alcohol and drug problems. Relapses will be reviewed on a case-by-case basis, considering the needs of the department affected and the business needs of the organisation. Please be aware that the disciplinary route might be followed after subsequent relapses.

Following treatment, the Company will endeavour to ensure that you return to your existing job. If you are unable to fulfil those duties the Company will consider alternative duties. Promotional prospects will be unaffected following treatment.

The Company aims to ensure that the confidentiality of anyone experiencing alcohol or drug problems is maintained by appropriate people, for example, HR, Occupational Health and the appropriate Manager(s). Information regarding individual cases will not be divulged to third parties unless the safety of the person concerned, or others would be compromised by not doing so.

Targeted alcohol and/or drug testing may be required in the circumstance of reasonable suspicion or as a result of an accident or near miss.

Anyone that causes or contributes to near misses, incidents or serious accidents will be subject to drug and alcohol testing.

You may be subject to drug and alcohol testing in the event that there is suspicion of workplace use, possession or impairment.

Example of reasons for reasonable suspicion may be:

• Odours (smell of alcohol, drugs, body odour or urine)
• Movements (unsteady, fidgety, dizzy, lethargic)
• Eyes (dilated, constricted or watery eyes, red eyes or involuntary eye movements)
• Face (flushed, sweating, confused or blank look)
• Speech (slurred, slow, distracted mid-thought, inability to verbalise thoughts)
• Emotions (argumentative, low, agitated, irritable, drowsy, emotional)
• Actions (yawning, twitching).
• Inactions (sleeping, unconscious, no reaction to questions).
• Discovery of paraphernalia or drug / alcohol related items (bottles, cans)
• Etc.

Alcohol tests:

• Alcohol tests will be completed using an electronic breathalyser. If the result is 0, that will be the end of the test. If the result is above 0, you will be asked to wait 20 minutes and then give another breath sample. If the result of the second test is above the UK Drink Drive limit (35 micrograms), you will likely be suspended from work and invited for an investigation meeting under the disciplinary procedure.

Drug tests:

• Drug tests will be completed using a skin and saliva sample test that will be rubbed on your tongue and skin (hairline / forehead). The final result will be displayed after 5 minutes. If the drug test is negative, that will be the end of the test. If the result is ‘non-negative’, this is an indication that drugs have been detected. Following a ‘non negative’ result, the employee must provide a urine confirmation sample to clarify if they do or do not have drugs in their system. The laboratory will be contacted immediately after indication of a ‘non negative’ result and they will send someone to the site within 2 hours to collect a urine sample for laboratory testing. You will then likely be suspended from work and invited for an investigation meeting under the disciplinary procedure.

Please note:

• The testing will take place on site in a private room
• All testing will be carried out on site with a witness. Those carrying out the testing must adhere to the manufacturers guidelines provided with the test kit
• No testing is random
• Refusal to take part in an alcohol or drug tests will be treated as a positive result and could result in disciplinary action
• In the event of a result confirming an individual is under the influence of alcohol or drugs, the police will be contacted if they leave the site driving or operating a vehicle or bike