Your Work and Your Health

Drug and Alcohol Abuse - the employers' perspective

Please click here for Frequently Asked Questions

HSE’s guideline (www.hse.gov.uk/alcoholdrugs/drugs.htm) says that it is an offence under the Misuse of Drugs Act 1971 for any person knowingly to permit the production, supply or use of controlled substances, on their premises except in specified circumstances, e.g. when they have been prescribed by a doctor. A free leaflet, “Drug misuse at work: a guide for employers”, is available from HSE :

  HSE Leaflet - “Drug misuse at work: a guide for employers”

General information about substances of abuse and the different categories of drugs can be found on the Home Ofice's website:

 List of drugs currently controlled under the Misuse of Drugs Legislation
 Categories of illegal drugs.

General guidance to employers concerning alcohol is available on the HSE website at www.hse/pubns/indg240.htm.  This guidance also encourages employers to identify and prevent drug problems. In addition it helps employers to develop a work policy, which encourages the workers to come forward for help and treatment. Government spends money and effort to curtail drugs related crime.

Facts and figures

• £1.5 billion – annual Government spending on tackling drugs;
• 10,034 people employed as drug professionals – up 40% since March 2002;
• 96% of secondary and 80% of primary schools have developed drug education policies;
• 2.5 weeks – average treatment waiting time, which is down by three quarters since 2002.
  

Frequently Asked Questions

• What is substance abuse?
• What is the responsibility of employers towards drugs/alcohol misuse in the workplace?
• What are the signs for taking or abusing drugs?
• How concern should I be ?
• What types of people are at risk?
• How can I ensure that my company complies with legal obligation?
• Why should I have a policy?
• Is there a “Recommended Policy” from government for drugs and alcohol abuse in the work place?
• What should a “Workplace Substance of Abuse Policy” look like, and what should it contain?
• What should I do if an employee has substance abuse problem?
• Should I dismiss employee with drug and alcohol problem?
• In what situation is drug testing used?
• What if employees refuse to be tested?
• Should there be a random drug testing of workers if I discover there is problem with drugs with the workers?
• What the drug testing entails?
• What is “Chain of Custody”?
• How do I choose the right laboratory for analysis of samples?
• Are there any case studies to learn from?
• Are there any organisations where I can get help, advice and information to tackle this problem?

What is substance abuse?

Workplace substance abuse can be:

• misuse of alcohol;
• misuse of workplace chemicals e.g. solvents, lighter fuel, correction fluids, aerosol sprays;
• misuse of prescribed drugs e.g. tranquilizers, sleeping pills;
• use of illegal drugs e.g. cannabis, cocaine, ecstasy;
• use of controlled substance/drugs without appropriate authorisation (doctor’s prescription) for the possession in UK.

Alcohol is a legal drug. Workers cannot be automatically penalised if they have consumed alcohol, although employers can set a level above which the employee would be considered impaired.  In some cases this may be lower than the legal limit for driving. Also, in some organizations employers set limits, for employees carrying out certain duties (e.g. piloting a plane) that exclude them from consuming any alcohol within a certain time period before commencing work - breach of these rules can lead to dismissal. Research suggests that alcohol misuse is a more common problem than illegal drug taking.  The majority of people with an alcohol problem have a job but this is not to say that the majority of people at work have an alcohol problem!

 

 

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What is the responsibility of employers towards drugs/alcohol misuse in the workplace?

An Employer has general and specific duties under the Health and Safety at Work etc Act 1974 and the Management of Health and safety at Work Regulation (MHSAW) 1999 to protect workers health and ensure safe working environment. This would include safety issues related to the misuse of drugs and alcohol in the work place.  According to the Misuse of Drugs Act 1971 and subsequent ammendments it is illegal for any employer knowingly to permit the production, supply or use of controlled substances on their premises except in specified circumstances (e.g. when they have been prescribed by a doctor).

The Transport and Works Acts 1992 applies to transport systems of any of the following kinds; (a) a railway; (b) a tramway; and (c) a system which uses another mode of guided transport.

Under this Act, employers have a duty to ensure that any person is not unfit through drugs or alcohol while working:

• as a driver, guard, conductor or signalman or in any other capacity in which he can control or affect the movement of a vehicle, or
• in a maintenance capacity or as a supervisor in a maintenance capacity on a guided transport system.

  www.opsi.gov.uk/acts/acts1992/Ukpga_19920042_en_3.htm#mdiv26

The Railway and Transport Safety act 2003 imposes a prescribed blood alcohol limit for safety critical personnel in the transport sector, e.g. Air craft crew, air traffic controllers, and maintenance staff.

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What are the signs for taking or abusing drugs?

As an employer you should have some basic knowledge about drugs abuse by reading HSE’s guidelines for employers on drugs abuse, and taking notice of educational videos and any warning leaflets. Some organizations in UK, including the Home Office, also produce important leaflets on this subject. See the following links for further information:

  A guide for employers on alcohol at work - www.hse.gov.uk/pubns/indg240.htm

  "Drug misuse at work: a guide for employers" - www.hse.gov.uk/pubns/indg91.pdf

  Substance misuse and the workplace: updated training pack - www.drugs.gov.uk/publication-search/communications-campaigns/substance-misuse-workplace.

Abused substances can affect both the brain and body of a person and their effect can differ from person to person. They can alter mental ability or agility, leading to impairment in judgment/concentration. Drugs can be responsible for mood swings, and cause unreasonable behavior in the workplace. Drug abuse can also lead to negligence of general health and well-being of a person. As a result the performance at work may suffer and the person may be more vulnerable to accidents and other hazards at work. Substance abuse may also affect productivity.

Some signs of drug misuse are:

• sudden mood changes;
• unusual irritability of aggression;
• a tendency to become confused;
• abnormal fluctuation in concentration and energy;
• impaired job performance;
• poor time-keeping;
• increased short-term sickness absence;
• a deterioration of relationships with colleagues, customers or management;
• dishonest behavior and theft;
• hostile to advice;
• complaints from colleagues;
• deterioration in personal hygiene;
• tendency to be accident prone.

In reality these signs are difficult to identify, may not be present or may be well concealed in many cases. As an employer you must remember that though these are possible signs of drugs misuse it is very important to remember that these signs may be due to other causes such as genuine mental problems, stress at work or at home.

How concerned should I be?

Apart from legal requirements and damage to the misuser’s health, substance abuse can cost employers through absenteeism and reduced productivity and may also increase the risk of accidents. If your company is known to have a problem with substance abuse this may affect your public image.

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What types of people are at risk?

There is no single type of person who abuses drugs and alcohol. Anybody could be vulnerable to substance abuse. Stresses in people’s lives e.g. divorce; bereavement and financial concern may make them vulnerable to start abusing drugs/or alcohol.

If a person uses drugs in the workplace or if they are under the influence of drugs they can pose a risk to themselves and to their colleagues.

 

How can I ensure that my company complies with legal obligations?

It is strongly recommended that a company should have a policy on substance abuse (drugs and alcohol abuse). This policy should have considered all aspects of the legal framework within which the company operates. The legal framework may cover both general health and safety legislation and other specific legislation (which largely relates to transport industry). The policy should clearly state what is acceptable behaviour and the outcomes for breach of the policy. This policy should be an agreed policy between the employer and employees/employee representatives. The policy should be documented and regularly reviewed. For futher advice on employment law visit:

  ww.direct.gov.uk/en/Employment/Employees/index.htm

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Why should I have a policy?

Implementing an appropriate workplace substance abuse policy will:

• Help demonstrate compliance with relevant legislation;
• Demonstrate compliance with employment legislation if disciplinary action covering substance abuse is necessary;
• Inform staff about what is and is not acceptable behaviour and risk of substance abuse;
• Help maintain an efficient, safe, healthy work environment;
• Help maintain productivity.
  
  

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How do I know if I should have a policy?

It is highly recommended that all companies should have a policy but it is crucial in:

• Firms where a large element of their activities involves transportation;
• Firms involving safety critical activities e.g. where any accident caused by an employee’s intoxication may risk injury to a significant number of people whether your staff, other workers or the general public;
• High profile firms where a perceived substance abuse problem may affect its reputation and could affect public trust;
• Work places where there is potential access to substances, which are likely to be abused.

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Is there a “Recommended Policy” from government for drugs and alcohol abuse in the work place?

There is no official policy for drug misuse. However, a number of specialist training agencies can offer help and guidance in producing a policy. For further information visit:

  www.drugs.gov.uk/drug-strategy/drugs-in-workplace/national-workplace-initiative

Several documents which could be used as a guidance for preparing a policy are available on the HSE Northern Ireland website:

  The Health and Safety Executive for Northern Ireland - General Health and Safety Guidance

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What should a “Workplace Substance of Abuse Policy” look like, and what should it contain?

• Essentially a policy means that an employer has worked through the potential issues of substance abuse problem in their work place and considered how to tackle it (if they find it). It needs prior agreement with the workforce.
• Does not necessarily include any need for testing of employees
• The policy should apply to all staff; however, any testing may be limited to those staff undertaking “Safety Critical Duties”, which includes drivers conductors of public vehicles, air pilots, air hostesses  and any other profession that faces public.
• The company policy should state clearly that substance abuse is not approved, and the intoxication by, supply, or dealing of illegal drugs on the premises is not tolerated. The aim of the policy is to maintain a healthy and productive workplace
• The policy should define what substances are being considered
• Training and information for managers implementing the policy and the staff should be in place.
• The policy should clearly states the nature of the disciplinary action to be taken by manager/employer if it is violated. However you may wish to consult an employment lawyer about any possible disciplinary action in the development stage of the policy.
• Does not necessarily need medical input.
• The policy should be short, not complicated with legal wording and should be reviewed at a regular intervals.
• If drug and alcohol testing is to be introduced then employees representative (e.g. trade union) must be consulted because of the ethical, legal and practical issues.
• The policy should aim to support affected employees rather than punish them, and encourage those with problems to seek help.

The following website explains the benefits of a workplace policy and also has links to ‘Alcohol Concern’ and ‘The National Agency for Alcohol Misuse’:

  www.drugs.gov.uk/drug-strategy/drugs-in-workplace/national-workplace-initiative

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What should I do if an employee has a substance abuse problem?

If an employee admits or seeks help from employers because of a problem:

• You should try to deal sympathetically with the individual.
• Ideally the individual should be provided with help and support to attempt rehabilitation. The link below has some available sources of help.
• The employee should be referred to a specialist or the company’s occupational health professionals (OHP).
• If the problem is not serious the employee can be referred to the self-help line given in the employees' section of this website. There are other websites for self-referral, which has been listed here:
  

  www.homeoffice.gov.uk/drugs/drugs-law/Class-a-b-c/

  www.dryoutnow.com


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Should I dismiss employee with drug and alcohol problem?

This should be the last step to take and only if the policy clearly states that this will be the case after due appeal. Any disciplinary action should have been spelt out in the policy. Your company may be losing an experienced employee. Training new employees costs both money and time. Moreover it may cause your relationship with your workforce to deteriorate.
 
It is considered to be the best practice to be supportive towards your employee, trying to maintain their employment and at the same time trying to tackle the problem. For example, to refer your employee to a drugs clinic and to give him time off to see his own GP. It is also recommended that you provide proper supervision and counselling for the employee without threatening them with dismissal.

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In what situation is drug testing used?

There are three situations under which testing may be carried out as a part of agreed policy with the workers.

• “Due cause” which is where someone is drug tested either after an accident or because their behavior strongly suggests intoxication;
• Random testing, which is essentially the unannounced testing of individuals within a workforce;
• Pre-employment screening - remember that at this time the person is still not employed and may rightly refuse if it has not been clearly stated in information about the vacancy that such tests will be carried out.

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What if employees refuse to be tested?

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Should there be a random drug testing of workers if I discover there is problem with drugs in my workforces?

Drug testing is increasingly being applied in some non-safety critical industries, such as financial and banking sectors, but the reason for this is to protect the company from blackmail due to their staffs’ involvement in criminal activities related to drugs, their safety at work and performance too.

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What does drug testing entail?

There are few important steps that are necessary to comply for the drug testing to be legal, safe and maintain the human dignity of the worker being tested:

• Non-invasive samples (without taking blood or body sample by medical procedures) are used - usually in the workforce this means collecting urine or saliva samples.
• The sample needs to be collected under ‘controlled’ conditions. This should not necessarily involve direct observation of urine collection, but should ensure that adulteration of the sample is not possible. Two identical samples are taken either on site or split in the laboratory so that there is an untouched sample for analysis in the case of an appeal.
• Staff who has been suitably trained should collect samples. This may be in-house staff or a specialist outside the organization.
• Samples are sent and kept in the laboratory under “Chain of Custody”.
• Screening tests for commonly abused drugs are carried out on one of the two samples and to see if the result is above or below a defined cut-off for each drug.
• Any positive results from the screening are confirmed by undertaking a further analysis using a more specific method.
• Results are reviewed by experts before being reported back. This will include reviewing any medication that the workers had been taking.
• The untouched, second sample is kept frozen under chain of custody long enough to allow for any appeal by the worker being tested.

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What is “Chain of Custody”?

The “Chain of Custody” procedures provide confidence that the samples are valid and have not been tampered with after collection. Tamper-proof labels should be used to seal sample bottles in the presence of the donor.  The donor should initial these labels to show that they were sealed in their presence. They should also sign the “Chain of Custody” form and report any medication taken (either herbal or prescribed or over the counter) as these may potentially influence the results. The sample should be placed in a sealed bag for dispatch to the laboratory. Procedures in the laboratory will ensure that the samples cannot be interfered with.

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How do I choose the right laboratory for analysis of samples?

All laboratories offering drug testing should be ‘accredited’ by a recognised body (e.g. UKAS) for the test they use and should participate in a recognized external quality assurance scheme (e.g. UKNeQAS). Scientific and medical expertise should be available through the laboratory for interpretation of results as necessary.

The following website gives listing of UKAS accredited laboratory for drug testing:

  www.ukas.org.uk/testing

  www.ukneqas.org.uk/toc.htm

The Health and Safety Laboratory also provides drug-testing services:

  www.hsl.gov.uk/capabilities/drugs.htm

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Are there any case studies to learn from?

DMM Engineering Ltd, a company in Wales employing 80 people, has taken a positive approach to promoting workplace health. As well as having clear rules about not allowing alcohol on the factory premises or not allowing employees to use heavy machinery after consuming alcohol, the company also encourages its employees through posters and leaflets to think about the long-term health hazards of alcohol misuse.

For more case studies see the following website:

  www.hse.gov.uk/roadsafety/aultbrothers.pdf

For extra information see:

  www.hse.gov.uk/pubns/indg240.htm#5

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Are there any organisations where I can get help, advice and information to tackle this problem?


Please click here for a list of links to websites relating to substance abuse problems

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