NHSScotland 'Once for Scotland' Workforce Policies - Managing Health at Work - Public Consultation

3 Alcohol and Other Substances Policy

3.1 Aim

3.1.1. The Alcohol and Other Substances Policy aims to:

• raise awareness of alcohol and substance use
• support employees with lived and living experience of problematic alcohol or substance use
• create a culture where employees feel confident in asking for support and advice
• create a safe working environment for all employees and service users.

3.2. Scope

3.2.1. This policy applies to all employees. It also applies to workers i.e. bank, agency and sessional workers. References to employees should be taken to apply to workers unless otherwise stated.

3.2.2. This policy is compliant with current legislation and meets the aims of the Public Sector Equality Duty of the Equality Act 2010 .

3.3. Definitions

3.3.1. Substance: For the purposes of this policy the term Substance includes:

• Alcohol
• Drugs Controlled under the Misuse of Drugs Act 1971
• Prescribed and over the counter medication
• Solvents
• All synthetic and herbal products, previously known as new psychoactive substances (NPS)
• ‘Legal highs’, included under the Psychoactive Substances Bill 2016.

3.3.2. Misuse is defined as using a Substance:

• In a way that affects an individual’s ability to do his or her job effectively and safely
• In a way that is illegal
• In a way that damages the reputation or credibility of the organisation
• In a way that adversely affects working relationships.

3.3.3. Substance dependency is recognised as being a health condition, as defined by the World Health Organisation. Those affected should receive the support they need, just as any employee dealing with any other health issue would.

3.4. Roles and responsibilities

3.4.1. There is a range of standard expectations which underpin all policies. Read more about standard roles and responsibilities. In addition, the following specific responsibilities apply to this policy.

3.4.2. In addition, the following specific responsibilities apply to this policy.

3.4.3. Manager

The manager should:

• When a situation occurs, assess the risk and take appropriate action.
• Manage the situation and support the employee
• Seek advice from HR and occupational health
• Make appropriate management referral to occupational health and support the employee in accordance with policy
• Make sure employees are aware of support available to them
• Use the appropriate workforce policy as required.

3.4.4. Employee

3.4.5. The employee should:

• Not consume intoxicating substances before coming on duty, whilst on duty, including breaks, or when they may be required to attend work at short notice. This includes when employees are on call.
• Make sure there has been sufficient time for intoxicating substances to leave their system before reporting for work.
• Notify their manager immediately should they be prescribed medication or plan to take over-the-counter medicines that may cause side effects and impair their ability to undertake their duties safely and effectively.
• Confidentially approach their manager if they have concerns with their relationship with alcohol or substances.
• Inform their manager if they have concerns over a colleague who may be misusing alcohol or substances.
• Make sure they are familiar with the policy and procedures.

3.5. Identification

3.5.1. Substance Misuse related problems may come to light in two main ways:

• The employee may choose to seek help on a completely voluntary basis. When an employee believes that they have a Substance use problem then they should seek specialist help as soon as possible. Their manager, Human Resources, or Occupational Health are available to signpost to support.
• The employee’s colleague or manager may identify signs of substance misuse or deteriorating work performance, attendance or behaviour. The manager should have a conversation with the employee as soon as possible and take appropriate action as required.

3.6. Initial actions

3.6.1. Where alcohol or drug related incident has occurred or is suspected, the manager should speak to the employee to establish the nature of the problem. Where an employee is known or suspected of being under the influence of alcohol or drugs immediate action should be taken. The priority will be the safety of the employee, colleagues and service users.

3.6.2. The manager will take action as far as reasonably practical to establish whether alcohol or substance misuse has occurred. The employee may be escorted from the premises immediately and appropriate action taken to support them to get home safely.

3.7. Following Identification of a Problem

3.7.1. The manager should arrange to meet with the employee as soon as possible to

• discuss the concerns they’ve observed
• set out the expected standards of behaviour in the workplace
• consider the appropriate next steps including support.

3.7.2. Next steps may include management of the situation through the appropriate NHSScotland workforce policy for example attendance, capability or conduct policy. The support provided to the employee can be given alongside related processes.

3.8. Supporting documentation

It is proposed that the supporting documents listed below will be developed to support the policy. Supporting documents are not part of the consultation. These will be drafted following the consultation when responses have been analysed and the policy is developed in a final draft.

• Employee guide
  Descriptor: guide to help employees use and understand the Alcohol and Other Substances Policy.

• Manager guide
  Descriptor: guide to help managers use and understand the Alcohol and Other Substances Policy.

• Agreement Template
  Descriptor: agreement between the employee and their manager on the supports to be put in place through their recovery journey.

3.9. Consultation questions

We are inviting responses to this consultation using the Scottish Government’s consultation hub. The following questions are set.

In your response, all questions have the option to answer yes or no. You are invited to provide further comment in a free text box. If you wish to make specific reference to a section of the policy, please quote the relevant numbered line in this consultation document.

1. Do you feel there are any gaps in the policy?

2. Do you feel there are any gaps in the proposed list of supporting documents?

3. Do you have any other comments to make on the policy?

4. Do you have any views on the potential impacts of this policy on equalities groups?

It is against the law to discriminate against someone because of: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. These are protected characteristics under the Equality Act, 2010.