Alcohol and Drugs Policy
Introduction and Purpose
Chepstow Construction Equipment Policy on Alcohol and Drugs is a fundamental part of the Company’s strategy to safeguard the health, safety and welfare of all its employees.
Alcohol and drug consumption/dependency affects individual health and work performance in terms of safety, efficiency, productivity and attendance. In addition, it can have a detrimental effect on colleagues and dependents. As a responsible employer, Chepstow Construction Equipment recognises the need to take measures to address the issue of alcohol and drugs in the workplace. This Policy has been developed to protect the health and safety of workers and to comply with relevant legislation, e.g. Health and Safety at Work Act 1974 and Misuse of Drugs Act 1971.
This Policy, including guidelines in relation to alcohol and drugs and its purpose, is to achieve the following:-
- To have a working environment free from the effects of alcohol and drugs;
- To reduce the personal suffering of employees with alcohol or drug-related problems and their dependents;
- To promote a climate which will reduce the tendency to conceal or deny alcohol or drug-related problems by enhancing awareness;
In addition to employees, other persons working for or on behalf of Chepstow Construction Equipment are required to be aware of and comply with this Policy. It should be noted however that the disciplinary or support provisions contained in this Policy only apply to employees of the Chepstow Group of Companies.
For more information, refer to the section ‘Agency workers, Consultants and Contractors’ contained within this Policy.
Definitions
For the purposes of this Policy:
‘Alcohol’ is defined as a beverage, condiment or food additive which contains alcohol in any form. An ‘alcohol related problem’ is defined as any consumption of alcohol which interferes with an employee’s health, safety, welfare and performance in any aspect of employment.
‘Drugs’ are defined as illegal substances, prescribed and over-the-counter medications. A ‘drug-related problem’ is defined as any use of drugs, or substances which in themselves are legal but may be subject to abuse such as glue or solvents, which interferes with an employee’s health, safety, welfare and performance in any aspect of employment.
Obligations of Employees
Employees are required to be aware of, and comply with, this Policy to ensure that their performance or ability to carry out their activities at work safely and competently is not impaired in any way. All employees should observe the following and note that failure to do so may result in disciplinary action being taken. All employees engaged in normal work activity, or on scheduled/agreed duty cover either at home or elsewhere, is subject to the Policy in full for the duration of the periods of duty.
The limit for alcohol set by this Policy is in line with the Government’s legal drink/drive limit, as amended from time to time.
In the case of drugs the threshold levels are determined in accordance with established legal and medical practice. Consumption, possession or sale of illegal drugs is prohibited, and the Company takes a zero tolerance approach. Possession and sale are also criminal offences under the Misuse of Drugs Act 1971.
Specifically this means:-
a) Employees must not present themselves for work under the influence of alcohol or drugs so that their performance or ability to carry out their activities at work safely and competently is impaired in any way.
b) Consumption of alcohol or drugs during normal working hours or at any time on Company premises is prohibited. For clarity the normal working hours during which the policy applies includes all periods of work such as shift work, overtime and extra duty, and any period whilst waiting for work, such as between split duties. Any period of agreed standby or emergency call out duty shall be considered to be part of the normal working hours for the purposes of this Policy, and the terms of this Policy relating to working under the influence of alcohol or drugs will therefore fully apply. Periods of travelling to and from a site for the purposes of standby or emergency call out will also be treated as falling within the scope of this Policy.
c) When representing Chepstow Construction Equipment outside normal working hours, employees are expected to take a responsible attitude to alcohol and drugs. Employees should bear in mind that they are representing the Company and must not do anything to jeopardise its reputation.
d) This Policy covers those driving any vehicle on behalf of Chepstow Construction Equipment in any capacity or at any location. This Policy covers travel to and from work if it could reasonably be implied that alcohol or drugs were present outside the prescribed limits during normal working hours.
e) Prescribed and over the counter medications are also covered by this Policy as they may cause side effects that have potential safety implications. Employees therefore have a duty to advise their pharmacist/general practitioner/medical practitioner of this Policy when being prescribed medication. On the advice of the medical practitioner, the employee must notify his or her manager about any possible impact on his/her health and safety relating to his/her duties at work, so that current or alternative employment can be considered whilst he/she is being prescribed medication. The company may in turn seek advice from
Occupational Health providers
f) Employees or other persons obtaining treatment or medicines for themselves should be aware of the conditions and side effects notified and seek out alternatives that do not impair performance through drowsiness or other symptoms. If in doubt an employee should self-refer, or be referred, to Occupational Health provider.
g) Any visitor who is attending the Company’s premises or site for business reasons shall be required to comply with this Policy and should be asked to leave the premises or site if they are acting in a manner likely to cause a breach of this Policy. Other members of the general public, for example, in their capacity as customers or clients, should be asked to leave if their behaviour indicates that they may be under the influence of alcohol and/or drugs.
Enforcement and Application
The general principle adopted by Chepstow Construction Equipment is to have an environment free from the effects of drugs and alcohol. It is the responsibility of all managers to enforce this Policy, regardless of whether or not they are the line manager in a given situation. Normally, however, the enforcement of this Policy will be a line management responsibility.
For clarity the application of this Policy in relation to the specific circumstances is outlined below:-
Hospitality and Entertainment
Where employees are involved in corporate hospitality or entertainment of customers, suppliers or other visitors outside of working hours, they are expected to take a responsible attitude to alcohol. Employees should remember that they may be returning to work and will be subject to the limits for the presence of alcohol and drugs set out in this Policy. Organisers of events should give clear guidelines to both attendees and employees on the application of this Policy. Where the hospitality/entertainment has been provided by the Company to external contact/customers/suppliers, all employees in attendance must observe the terms of the Policy during normal working hours. Where an employee has accepted a hospitality invite, and is not taking annual leave, the terms of the Policy must be complied with during normal working hours.
Screening
When is Screening carried out?
To assist in the implementation of this Policy an established screening procedure to test for the presence of unauthorised substances in the body is carried out in TWO circumstances:-
- ‘With-Cause’ Screening
- Random Screening
Screening is not intended to discriminate against any individual or group of individuals.
Failure to comply with any aspect of the screening procedure, including ‘with cause’ and random screening, without good cause, will be viewed seriously and will be dealt with under the Company’s Disciplinary Procedure.
What is the Screening Process?
An employee may, if they want, ask another employee to accompany them at the test. Every effort will be made by Chepstow Construction Equipment to try to arrange for the chosen accompanying employee to be present if reasonably practical. However, if it is not possible for the nominated accompanying employee (or alternative) to be present, testing will still take place.
The testing is carried out by a trained and competent person, who will explain the process to the employee and obtain their written consent. The employee will also be breathalysed.
The tester will then make a note of the employee’s brief medical history and of any prescription or over the counter drugs that the employee is taking that could lead to a false positive result. The employee will then be asked to reveal the content of their pockets, to confirm that they are not carrying a sample of someone else’s urine. The employee will be asked to select a Point of Contact Test (POCT) cup and lid and provide a sample of urine in private using the POCT cup. The tester will check the temperature and activate the instant test. Both the tester and the donor read the test results. If the result is reactive, the sample is split into two vials, sealed in front of the donor and sent to the Laboratory for further analysis. If the result is negative, the sample will be disposed of, either by the donor or the screening laboratory.
The Collecting Officer will record all reactive results sent for further analysis and will submit these to the company. A copy will be retained in the Human Resources department.
If following further analysis, a positive test is reported, employees are entitled to have an independent test carried out on the second sample by a professionally recognised laboratory at his or her own cost.
A copy of the screening result will be provided to the employee upon request.
Falsification of a screening test, whether by tampering with or substituting specimens or by seeking to change or otherwise influence the results, will be dealt with under the Company’s Disciplinary Procedure, which may result in dismissal. Contracts for the supply of labour will specify that any other person working for, or on behalf of, Chepstow Construction Equipment will have their services under the contract immediately terminated if engaging in such activity.
The results of the test will be recorded and copies will be sent to the operational director and the HR department.
In the case for screening for the presence of alcohol, any indication of presence above the government’s legal drink/drive limit, as amended from time to time, will be considered to be a positive test result.
If during any period in which testing is being carried out, Chepstow Construction Equipment believes the employee may be unfit to carry out his/her duties the individual may be given alternative duties or suspended from duty. Normally suspension from duty will be on full pay during investigation and Disciplinary Procedure periods. Where suspension is implemented, the individual will be asked to remove themselves from the site, although if they insist on driving themselves, then the appropriate authorities will be contacted.
Refusal to provide a sample for drugs or alcohol testing could result in disciplinary action which may lead to dismissal.
In all cases where a dispute arises over medical evidence, guidance will be sought from an Occupational Health provider before any disciplinary proceedings are initiated.
With-cause screening
“With cause” screening involves testing when there are reasonable grounds to believe that alcohol or drugs could have, or potentially could have had, an adverse effect on the health and safety of any individual and/or there are circumstances where a manager considers there is evidence that alcohol consumption or drug use has occurred. Possible examples of ‘with cause’ screening could include:-
- Abnormal behaviour
- Discovery of an alcohol container with a broken seal;
- Possession of a controlled substance;
- Signs of current intoxication;
- A workplace incident/ accident;
This list of examples of “with cause” screening is neither exclusive nor exhaustive. Managers are responsible for making the decision to screen an employee. The relevant manager is also responsible for communicating the decision to the individuals for the reason for screening.
“With cause” screening leading to a positive result will result in an investigatory interview and the breach of the Alcohol and Drugs Policy may be treated as a disciplinary matter.
As such all penalties permitted under the Disciplinary Procedure (including dismissal) will be available to Company Directors depending on all relevant circumstances in each individual case.
Random Screening
The key principles involved in random screening are as follows:-
- To ensure that random is truly random.
- Target rate to be 10% of all employees will be subject to random testing annually.
- Minimal amount of notice to be given to individuals about to undergo testing.
- Managers not to receive any advance notification of testing for their staff.
- Managers to be included in the testing pool.
“Random” screening leading to a positive result will result in an investigatory interview and the breach of the Alcohol and Drugs Policy may be treated as a disciplinary matter.
As such all penalties permitted under the Disciplinary Procedure (including dismissal) will be available to Managers depending on all relevant circumstances in each individual case.
Agency Workers, Consultants and Contractors
Contractors, consultants and employers of agency workers are required to comply with this policy on Alcohol and Drugs, including the requirement to operate “with cause” and random screening processes for their own employees, sub-contractors and agents.
It is the responsibility of the employing agency or company to ensure that a 10% sample of their staff is randomly screened in line with the requirements of this Policy.
It should be noted however that the support available to employees which is detailed in this policy is applicable to employees only. Agency workers and contractors should be referred to their employing agency or company and dealt with in accordance with their contract.
Where an agency worker’s, consultant’s or a contractor’s health, attendance or work performance is affected by an alcohol or drug related problem, the employing agency or company should be notified and the individual’s services terminated in accordance with the terms of the specific contract.
Misconduct of an agency worker, consultant or contractor should be referred to the employing agency or company (where applicable), and if appropriate the individual’s services should be terminated subject to the terms of the contract.
The Operational Director is responsible for the maintenance and review of the Policy on Alcohol and Drugs on behalf of the Managing Director of Chepstow Construction Equipment. This Policy will be reviewed to ensure its effectiveness and any changes arising from this review will be communicated to employees, their representatives, suppliers and other parties.
Managers
Managers are responsible for the day-to-day implementation of this Policy and for dealing with issues which arise and are related to alcohol or drug use. They are responsible for ensuring all staff, contractors, agency personnel and visitors with which they may be involved are aware of this Policy.
