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Construction Health and Safety

DRUGS ANDALCOHOL

Section 0D


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NOTE:

Whilst every care has been taken to ensure accuracy withinthis work, no liability whatsoever is accepted by ConstructionHealth and Safety, its sponsoring organisations or theiradvisers in respect of the information given.

No material from this book may be reproduced in anyshape or form without written permission from the publishers.

Printed in Great Britain by Lithoflow, 26-36 Wharfdale Road, Kings Cross, London N1 9RY.Published by the Construction Confederation,

Construction House, 56-64 Leonard Street, London EC2A 4JX.


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CONTENTS

Introduction OD4Definitions OD4Drink Driving OD4Prescription Drugs OD4Alcohol Consumption OD4Testing for drugs and alcohol OD5Scope of the problem OD5Identification of alcohol and drugs problems OD5Addressing drugs and alcohol at work OD5

Developing a workplace policy OD5Alcohol and drugs policy. implementation OD6Temporary and sub-contracted staff OD6Abuse outside the workplace OD6Drug or alcohol screening and testing OD6Pre-employment testing OD6Probation testing OD6Periodic testing OD6Post incident testing OD6For cause testing OD6Random testing OD6Rehabilitation testing OD7

Refusing a test or drug screen OD7Taking disciplinary action OD7Draft drink and drug abuse policy and procedure OD8Controlled drugs OD10References OD12


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DRUGS AND ALCOHOL

IntroductionThe use of drink and drugs by an employee is of seriousconcern to employers, given the risk of the employee under-performing and the possibility that their own health andsafety and that of others may be compromised. There is alsoa need to comply with legislation in this area, including theHealth and Safety at Work Act 1974, the Road Traffic Act1988, the Transport and Works Act 1992 as well as the

common law duty to provide a safe working environment.Employers can also be held liable for the acts of employeesunder the Misuse of Drugs Act 1971.

Drug abuse poses a potential threat to the health, wellbeing and the livelihood of employees. The consequencesare a reduction in perception, concentration and awareness,which can affect the safety and welfare of afflicted personsand that of others. The inability of a person to functioncompetently and with reasonable care is a problem, whichmust be addressed to prevent accidents occurring in theworkplace.

Alcohol related problems can be detrimental to theindividual and the smooth operation of an employersoperation, and can result in waste and inefficiency.However, it is acknowledged that such problems can beeffectively treated.

DefinitionsAlcohol a colourless volatile inflammable liquid forming theintoxicating element in beer, spirits and wines.

Alcoholic a person suffering from alcoholismAlcoholism an addiction to, or the diseased condition

relating to the consumption of alcoholic liquorDrug" or "Drugs is deemed to refer to all banned

substances, pharmaceutical drugs, alcohol and solventsunless otherwise stated

Drug Abuse is "the intermittent or continual use ofdrugs (as defined above) which, when abused or used fornon medical reasons, are detrimental to the employee'shealth and/or work performance in areas which effectefficiency, productivity, safety, attendance or behaviour atwork or during business."

Under the influence A sufficient amount of thesubstance in the employees system to produce a positiveresult from a medical test or breathalyser and, or that theemployee shows erratic abnormal behaviour likely to pose arisk to others or to interfere with their job performance.

Substance includes the use of illegal drugs, misuse oflegal drugs or other substances such as solvents or alcohol.

Company premises means all property owned,operated, leased by or otherwise under the control, in wholeor part of. This includes building and construction sites aswell as company offices on or off site

The Morning AfterThe effects of alcohol in the body can remain for a muchlonger period of time than many people realise. If a workerindulges at a party or other drinking session in the mid to

late evening prior to a working day, they could well still beunder the influence at the start of, or even well into theworking day following. The intakes of coffee, eating stodgyfood or sucking peppermints to lessen the resultant effectsare purely myths. The body will only dispose of the alcoholat its own rate although that rate may differ from person toperson.

The generally accept position is that alcohol dissipates ina healthy body at around _ pint per hour. That interprets toanyone consuming six pints of beer or lager needs about 12hours to ensure that all traces of alcohol have dissipatedfrom the body.

The fact remains that there are people in the working

environment that are never free of the effects of alcohol andas such are a constant source of danger to themselves oranyone else working with them.

It should be born in mind that the effects of alcohol ordrugs affects the sensory perception and reaction time ofpeople and where work has to be carried out, either usinghand tools, machinery or driving should be careful of theirintake.

Drink DrivingDriving whilst under the influence of alcohol is a criminaloffence, with penalties which spread from a fine with orwithout disqualification to a term of imprisonment. Thecurrent legal limit is 80mg of alcohol to 100ml of blood. Thelaw allows no discretion.

Approximate detection times of commonlyused drugs in urine

Drugs Approximatedetection time

Alcohol 6-10 hoursAmphetamine 1-2 daysBarbiturates 2-10 days

Cannabis 1 day 5 weeksCocaine 1-4 daysDihydrocodiene 1-2 daysHeroine detected as morphine 1-2 daysLysergide(LSD) 8 hoursMethadone 1 day 1 weekEcstasy 1-2 days

Prescription DrugsNot only can illegal drugs be dangerous on site, so candrugs prescribed by a doctor. On every prescriptionreceived from the chemist there is a notice giving details ofthe correct dosage to be taken and at what intervals. Thisdosage must be strictly adhered to as taking more thandirected may have adverse effects on the bodily symptoms.

Some direction labels may also give a warning for example

May cause drowsiness. If affected do notdrive. Do not operate machinery.

Such warnings are not put on prescriptions for the fun of it.They are there for the guidance and advice of the person forwhom the drugs are prescribed and should be strictlyadhered to.

Alcohol ConsumptionAlcohol consumption varies from person to person. Somepeople have never taken alcohol because of their beliefs,some people have decided to abstain because of medical orother reasons. The fact remains that alcohol has a soporificeffect on all people, it is only the amount of effect that differs.Excessive or binge drinking is bad not only for the effectsthat are quickly felt, but also for long term medical effects.

The Government Department of Health recommendedalcohol intake amounts are 28 units per week for men and21 units per week for women. One unit of alcohol isone normal measure of spirits. A pint of beer orLager is taken as containing two units of alcohol.

Continued excessive intake of alcohol can result inscarring of the liver tissue, which affects the function of theliver. Approximately 30% of all people diagnosed with thecondition of Cirrhosis of the Liver will survive 5 years afterdiagnosis.


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Testing for drugs and alcoholBefore any decision is taken by an employer to implement adrug or alcohol regime, care must be taken to ensure that ad rugs and alcohol policy is implemented and that allemployees have their contracts changed to state that theya g ree to such a regime. Without their contracts beingsuitably amended, any action taken against an employee inrelation to drugs and alcohol that an employer takesresulting in dismissal, could be construed by an employment

tribunal as constructive dismissal.Any amended contract must clearly state that the

employee understands what is meant by the company drugor alcohol testing policy and sign to say that they agree withthe concept.

Scope of the problemP roblems present at the workplace relate not just toconsumption at or before work or to intoxication at work.Drugs or Alcohol taken outside the workplace can affec tp e rf ormance long after the substance was consumed Theindirect effects of alcohol and drug problems on individualsactions within the workplace can also be severe.

When considering the scale of the drugs or alcoholproblem within a company the following items must be takeninto account. The increased risk of accidents due to under performance

caused by drugs or alcohol The lowering of standards of safety within a company The general long term health of the workforce How customer relations could be affected Stress factors of employees due to home circumstances Stress factors on employees due to financial implications

brought about by the need to feed a habit or addiction Low productivity caused by employees inability to cope

with workplace situations Poor and troublesome actions by employees under the

influence of substances bringing about a break down indiscipline

Inept and poor decision making Poor performance of employees whilst at work The theft of pro p e rty from the company or work

colleagues by those under substance influence to feedpersonal habits

The amount of time lost from the workplace due toabsenteeism, lateness or habitual sick leave

The adverse effect drugs or alcohol use could have on thecompany imageSuccessfully tackling alcohol and drug misuse can benefit

both your business and your employees. For example bysaving on the cost of recruiting and training new employeesto replace those whose employment might be termi na te dbecause of untreated misuse. C reating a more productive environment by off e r i n g

support to those employees who declare a drug-relatedproblem, improving employee morale. Reducing the r isk of accidents caused by impaire d

judgement. Enhancing the public perception of your organisation as

a responsible employer; Contributing to societys efforts to combat alcohol and

drug misuse.

Identification of alcohol and drug problemsThe misuse of drugs or alcohol or solvents by youremployees may come to light in a variety of ways.

The following behaviour may indicate the existence of aproblem: Absenteeism without notice

Poor time keeping High accident levels and a tendency to be clumsy Tendency to become confused and dis-orientated Poor performance of duties, sloppy in the approach to

work and poor presentation of the finished article Mood swings from happy to sad or morose Irritability or aggression, argues with superiors or work

colleagues MisconductOther ways of identifying alcohol and drugs pro b l e m samong your employees include: Self identification and or self referral to treatment Identification by a co-worker

Identification by a supervisor Performance testing

Education of employees about the nature of alcohol anddrug problems, the workplace policy and treatment optionswill improve the chances of the affected person or a co-worker identifying that a problem exists.

The benefits of such identification need to be clear andyou need to guarantee that employees who seek help willnot be disadvantaged or punished. Your management,supervisors and employees should not interfere in someonesprivate life unless aspects of that persons use of alcohol ordrugs affects their or others work performance.

Your supervisors and managers should only identify ori n t e rvene where there are perf o rmance deficits or otherw o r k - related indications that a problem may exist.

Supervisors and managers may need training to be effectivein identifying and addressing drug or alcohol misuseproblems. Such methods of identification should be clearfrom any policy introduced by a company and be agreed toin the consultation process prior to such a policyimplementation.

Addressing alcohol and drugs at workConsultation between a company and its employees isessential if alcohol and drug problems are to be addressedadequately. This can be achieved through a committee orthrough direct consultation with workplace health and safetyre p resentatives. Unions, employer associations andprofessional bodies can assist with advice to help develop aworkplace alcohol and drugs policy. In any event, theintroduction of a new policy will be considered a change toyour employees terms and conditions and should only beintroduced following full consultation.

Development of a workplace policyA workplace policy applying to all staff can benefit allcompanies and should form part of that companies overallhealth and safety policy. The alcohol and drug policy that isadopted will need to take account of the particular needsand the practical situations, including those brought aboutby working on building and construction sites, of thec o m p a n y. However, there are a number of minimumrequirements for such a policy, which must: contain a clear statement of the behaviour that is

expected of employees.It should: apply equally to all employees, including managers and

supervisors, at the workplace. be part of your comprehensive health and safety policy. result from adequate consultation with your employees

before it is adopted. be made known to all employees. address issues in the work environment that are likely to

increase the use of alcohol or drugs. to the greatest possible degree, be non punitive. state the conduct likely to result in action under the

discipline. provide for appropriate treatment and rehabilitation for

employees with problems.

be evaluated, after implementation and amended, ifnecessary, in line with the outcome of the evaluationAny interf e rence by an employer in an employees

private life must be "lawful and proportionate".


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The policy is likely to be lawful and proportionate if: it is instituted to protect and promote employees safety. employees are aware of the policy. employees will know what the employer will do with the

test results, and the employer has no other reasonable alternative way of

obtaining the same result.

Alcohol & drugs policy: implementationImplementing such a policy has four essential components: the education and information of all levels of

management and employees the organisational support shown by the company the addressing of issues in the work environment the prevention and rehabilitation support offered by a

company to its employeesInformation about a drugs and alcohol policy must be

provided, to all employees and be included as part of anyinduction training for new recruits. The policy needs to besupported by education about the harmful effects of alcoholand drugs and the rehabilitation services available.

It is important that management demonstrates its fullsupport for the policy by ensuring observance by all staff, at

what ever level, and endorsing changes to the workingenvironment to facilitate the use of such a policy.The provision of treatment and, or referral services is an

important component of implementing the policy. If problemsare detected early, before serious physical and social effectsoccur, a brief intervention may be all that is needed.

Confidentiality for employees undergoing treatment andrehabilitation must be guaranteed, equally employeesshould not be disadvantaged in terms of promotion orseniority because they have sought or are accepting help.Treatment and rehabilitation should be covered by adequateleave entitlements.

H o w e v e r, as with all workplace health and safetymatters, consultation with employees and the provision ofeducation and information at an early stage may prevent the

onset of alcohol and drug problems at work

Temporary and sub-contracted staffDo nt overlook the employees of other contractors or subcontractors including temporary staff, who may be workingon site and should also be made aware of the content andpurpose of misuse policies. A policy should also address theuse of sub-contractors. Sub-contractors are normally obligedto work within the organisations policies and this shouldform part of the contract.

Abuse outside of the workplaceGenerally, an employees conduct outside of the workplaceis outside of the employers control. However, if drug oralcohol use during re c reational times impinges on the

employees performance at work, which may or may notcause a concern for the health and safety of the employee,or that of others who may be affected by the employees,actions, consideration should be given to the situation and towhat action should or can be taken.

Any Drugs or Alcohol policy should consider situationswhere an employees behaviour outside the workplace mayaffect the organisation e.g. by damaging its reputation. Insuch a case, or the case of an employee convicted ofcriminal offence outside the workplace, the circumstanceswould have to be properly investigated. If an employeewhose job involves driving were to lose their licence througha drink driving offence, the employer would need toconsider whether this is grounds for dismissal or if analternative role can be found for the employee.

Drug or alcohol testing screening andtestingScreening and testing are sensitive issues because of themany implications involved. No one can be tested againsthis or her will. However, if testing is introduced, a refusalcan lead to disciplinary action. Securing the agreement ofthe workforce is crucial (except in the case of pre -employment testing).Some of the issues that must be considered are as follows: How much will a screening system cost? What type of testing is needed? How will test samples be collected? What action will be taken if a positive result is given?

There are varied and well-tried methods and styles oftesting for drugs or alcohol. Pre-employment testing Probation testing Periodic testing Post-incident testing For-cause testing Random testing Rehabilitation testing

Pre-employment testingThis type of testing, as the tile implies, is carried out prior toan applicant commencing employment with a company. Itcan be done as a separate entity or during a pre -employment medical examination. Draw backs to this typeof testing is that where an applicant is aware that such a testwill be carried out, they may be able to refrain from the useof the drug or alcohol in the pre-test period, thereby giving afalse test.

Probation testingC a rried out during a period of probation following thecommencement of employment. This allows the employer toassess the employee and take any action necessary shouldthat employee be found using drugs or alcohol. Whilst this

type of testing may be possible in an office environment it isnot particularly practicable on construction sites. Due to theperipatetic style of the workforce anyone who is abusingdrugs or alcohol could leave employment by a contractor ifthey were aware when such a test was to be carried out.

Periodic testingThis is testing to a laid down routine after specific worktasks, such as crane and plant operating or vehicle drivinghave been undertaken or to an agreed time scale. Again thistype of testing would allow for an employee so inclined torefrain from the use of the drug or alcohol in the pre-testperiod, thereby giving a false test.

Post-incident testing.

C a rried out after an incident or accident has occurre d ,w h e re an employer believes that the effects of drugs oralcohol could be a contributory factor to the incident oraccident.

For-cause testingThis test may be carried out when a manager or supervisor,c o n c e rned by an employees, unsteady gait, slurring ofw ords or behaviour which is unusual, and has reason tobelieve drugs or alcohol could be involved. Extreme caremust be used when carrying out this type of testing as theperson being tested may claim victimisation or intimidation.

Random testingPurely as the heading implies. Testing carried out on a purely

random method either of the entire workforce or a group orgroups of individuals.


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Rehabilitation testingCarried out as a precautionary practice after an employeepreviously affected by the use of drugs or alcohol, hassubmitted themselves to a period of rehabilitation. Thisallows the employer to acknowledge that the personconcerned has kept up the rehabilitation process orregressed. Usually where the employee has regressed,disciplinary proceedings will have to be considered as thehelp offered by the company is clearly being abused

Screening itself will never be the complete answer toproblems caused by drug misuse and its results must alwaysbe supplemented by a professional assessment of theemployee. Prevention is just as important and this guidanceis relevant whether screening is introduced or not.

In any event, screening is only likely to be acceptable if itcan be seen to be part of an organisations occupationalhealth policy and is clearly designed to prevent risks to theabuser and others.

Refusing a test or drug screenPossession of, or the dealing of should be reported to thepolice and there should be no alternative to this procedure.

If help is refused and or impaired performance continues,a disciplinary policy should allow for the suspension ofemployees suspected of being intoxicated or under theinfluence of drugs and solvents. The employee should beprohibited from resuming work until sober or suspendedpending disciplinary action or alternatively counsellinggiven. In the case of suspension on health and safetygrounds, the employee should receive full pay for theduration of the suspension. In the case of suspensionfollowing an allegation of gross misconduct, it may bepermissible to suspend an employee on no pay if the

disciplinary policy allows.It is essential that the drug and alcohol policy is consistent

with disciplinary procedure. The latter may requireamendment to ensure that, where appropriate, disciplinaryaction can be taken against employees.

Taking disciplinary actionEmployees with a drink or drugs problem or suspected ofabusing drink or drugs should have the same rights toconfidentiality and support as they would if they had anyother medical condition.

It can be very difficult for employees to admit to having adrink or drugs problem either because of the stigma orbecause of the fear of reprisals. Your hands may be tied ifan employee has broken the law at work, however, toencourage openness, staff should be aware that, wherepossible, drug and alcohol problems will be treated ashealth issues rather than as an immediate cause for dismissalor disciplinary action.

An Employment Tribunal may consider an employee tohave been unfairly dismissed if the reason for the misconductwas drug or alcohol related and no attempt was made tohelp the employee at first instance.

However, common sense must prevail. A safety criticalenvironment or role will allow for a less tolerant policy.Clearly, one-off incidents of drunkenness in the case ofemployees returning form the pub at lunchtime must be dealtwith immediately under the disciplinary procedure.Employees must not be permitted to evade disciplinaryproceedings by claiming a dependency problem wherenone-exists. The following are examples of cases in whichthe policy should specify disciplinary action will be taken:

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Appendix A

Draft drink and drug abuse policy andprocedureThe attached draft policy is for guidance only. Any policyshould reflect the requirements of the business and must beimplemented in practice. Introducing a policy that is notfollowed or is inappropriate to the business may be worsethan not having a policy at all. The policy imposes

obligations on you as an employer as well as youremployees, if you have a policy you may for example haveto agree to treatment to employees where you mayotherwise have simply followed the disciplinary procedure.

Further, if a policy is adopted it must be reviewedregularly to ensure that it is working and changed asnecessary. You must also ensure the employees remain stillaware of the policy and its consequences.

This draft policy has been reproduced with the kindpermission of The Construction Confederation

PolicyThe Company recognises the potential dangers of alcohol,drug and solvent abuse, known as substance abuse, to boththe individual and the Company.

The Company aims to prevent, where possible, alcohol,

drug and solvent abuse amongst employees and to detect atan early stage employees with problems.The Company aims to prevent, and where possible, will

offer assistance such as counselling or leave of absence fromwork if required for treatment. There may be, however,some instances when this offer may not be appropriate andManagers must assess each case individually.

RulesEmployees must not use, possess, conceal, transport,promote, or sell prohibited substances whilst on Companypremises, in Company vehicles, on client premises or at thework site.

Employees must not report for work under the influence ofprohibited substances.

Employees must not consume alcohol in the office or on

site except on approval occasions.

DefinitionsUnder the influence means that there is a sufficient amountof the substance in the employees system to produce apositive result from a medical test or breathalyser unitand/or that the employee shows erratic abnormal behaviourlikely to pose a risk to others or to interfere with their jobperformance.

Substance includes the use of illegal drugs, misuse oflegal drugs or other substances such as solvents or alcohol.

Company premises means all property owned, operated,leased by or otherwise under the control, in whole or part of.

Establishing the problemManagers should be aware that the misuse of drugs,

alcohol, or solvents by employees may come to light invarious ways. The following characteristics, especially whenarising in combinations, may indicate the presence of asubstance problem.

Absenteeism Instances of unauthorised leave Frequent Friday/Monday absences Leaving work early Lateness ( especially on returning from lunch) Excessive level of sickness absence Strange and increasingly suspicious reasons for absence Unusually high level of sickness for colds, flu, stomach

upsets Unscheduled short-term absences, with or without

explanation

High accident level At work Elsewhere, eg. driving, at home

Work Performance Difficulty in concentration Work requires increased effort Individual tasks take more time Problems with remembering instructions or own mistakes

Mood Swings Irritability Depression General confusion

Misconduct An employees substance problem may come to light as a

mitigating factor in a disciplinary interview. It may betreated as a mitigating factor for certain less seriousdisciplinary offences, such as poor timekeeping orlateness, provided the person is prepared to undergotreatment.

Self referral In some instances, employees may come forward

voluntarily and seek help themselves.

Managers responsibilityA Manager who suspects one of their employees of having asubstance abuse problem must discuss the matter with therelevant [Manager/Director]

Before approaching the employee with their concern.The (Manager) will then discuss the matter with the employeeand try to establish the cause of the problem (although itmust be pointed out that individuals with a drugs or alcoholproblem will often go to great lengths to conceal thesituation).

The employee should be reminded or informed of the

assistance the Company is prepared to give employees whoare trying to overcome an alcohol or drugs problem andshould be informed of outside agencies where help can beobtained.

The employee should be informed that the Companyrequires his or her performance to be improved to anacceptable standard and that failure to achieve this willresult in dismissal. The (Manager) (having consulted with the(Director)) should agree with the employee what follow-upaction is to be taken. Where it is established that alcohol ordrugs is or could be the problem, an appointment should bearranged with the Company Doctor.

If the employee denies that either alcohol or drugs are thecause of the problem (whether believed or not), he or sheshould be treated as for any other disciplinary/capabilityproblem, whichever is judged as appropriate by the

(Manager) and (Director).However, if there are strong signs that the employeesunsatisfactory performance is drug or alcohol-related and heor she will not admit or acknowledge this, furtherencouragement should be given at all stages of thedisciplinary/capability procedure to face up to the trueunderlying problem.

Treatment and assistanceWhere employee acknowledge that they have a problemand are given help and treatment, this will be on theunderstanding that:

The Company will give employees, assessed as having asubstance abuse problem, all reasonable time off in

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accordance with the Companys Absence Policy.Every effort should be made to ensure that on completion

of the recovery programme employees are able to return tothe same or equivalent work.

However, where such a return would jeopardise either asatisfactory level of job performance or the employeesrecovery, the appropriate (Director) will review the fullcircumstances surrounding the case and agree a course ofaction to be taken. This may include the offer of suitablealternative employment, or the consideration of retirement onthe grounds of ill health or dismissal. (Before a decision on

dismissal is made, it should be discussed with the employeeand an up-to-date medical opinion obtained).

RelapseWhere an employee, having received treatment, suffers arelapse, the Company will consider the case on its individualmerits. Medical advice will be sought in an attempt toascertain how much more treatment/rehabilitation time islikely to be required for a full recovery. At the Companysentire discretion, more treatment or rehabilitation time islikely to be required for a full recovery. At the Companysentire discretion, more treatment or rehabilitation time maybe given in order to help the employee to recover fully.

Recovery unlikelyIf, after the employee has received treatment, recoveryseems unlikely, the Company may be unable to wait for theemployee any longer. In such cases, dismissal may result butin most cases a clear warning will be given to the employeebeforehand and a full medical investigation will have beenundertaken.

Drug screening programme

ProcedureEmployees may be required to submit to a test to check forthe presence of drugs or alcohol under the followingcircumstance: Following an accident or incident on Company or client

premises, at a worksite or involving a Company vehicle;

Following the discovery of a prohibited substance onCompany premises; Where there is reason to suspect that the employee may

be under the influence of a prohibited substance; Where it is suspected there has been a breach of the

policy, e.g. high individual accident experience,excessive absenteeism, observed erratic behaviourand/or deteriorating job performance

Refusal to take a drugs test If the employee refuses to take a drugs test the employee

will be subject to action under the Companysdisciplinary procedure up to and including dismissal.

Release of the test result It is a condition of employment that all employees agree

to the release of the results of screening for prohibitedsubstances as required.

Right of search The Company reserves the right to search the person,

his/her possessions and or immediate work area of anyemployee or third party personnel who work, visit orperform services on Company premises.

Serious misconduct caused by alcohol,drugs or solvents

Intoxicated employees If an employee is known to be, or is strongly suspected of

being, intoxicated by alcohol, drugs or solvents duringworking hours, arrangement will be made for the

employee to be escorted from the Company premisesimmediately. The Company Doctor may also beconsulted on the incident. Disciplinary action will takeplace when the employee has had time to become sober.

Consumption of alcohol on the premises Employees are expressly forbidden to consume alcohol

when at work or to bring onto Company premises underany circumstances. Any breach of this rule will result indisciplinary action being taken which is likely to result insummary dismissal.

Drug abuse on the premises Employees who take drugs, which have not been

medically prescribed to them on medical grounds, will, inthe absence of any mitigating circumstances, be deemed

to be committing an act of gross misconduct. This willthus render themselves likely to be summarily dismissed,as will any employee believed to be buying or sellingdrugs, or unlawfully in possession of drugs.

Education and training The Company will provide training for appropriate staff

in recognising the responding to the early stages ofalcohol or drugs problems amongst employees. TheCompany will provide health educational initiatives toraise awareness of the policy and the risks associated.

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Appendix B

The Misuse of Drugs Act 1971 lists the drugs that are subjectto control and classifies them in three categories accordingto their relative harmfulness when misused.

Class A Includes ecstasy, cocaine, heroin, LSD,mescaline, methadone, morphine, opium andinjectable forms of Class B drugs

Class B Includes oral preparations of amphetamines,barbiturates, cannabis, cannabis resin, codeineand methaqualone (Mandrax)

Class C Includes most benzodiazepines (EGTemazepam, Valium), other less harmful drugsof the amphetamine group, and anabolicsteroids

The penalties for offences involving drugs depend on theclassification of the drug. Penalties for the misuse of Class Adrugs are more severe than those for Class B drugs whichare in turn more severe than those for Class C drugs. The Actalso distinguishes, in terms of penalties that may beimposed, between the offences of possession and drugtrafficking or supplying, with the latter attracting higherpenalties.

It is possible that in certain circumstances charges may be

brought against an employer or employee under either thisAct or the Health and Safety at Work Act 1974 or both. Itwould be up to the courts to decide on the circumstances ofeach case.

Most commonly misused substances in the United Kingdom

December 2002

Name (street or How usually Effects sought Harmful effects include Legaltrade name) taken Status

Heroin(Smack, horse, gear, Injected, snorted or Drowsiness, sense of warmth Physical dependence, Class AH, junk, brown, stag smoked and well-being tolerance, overdose can leadscag, jack) to coma and even death.

Sharing injecting equipmentbrings risk of HIV or hepatitisinfection

Cocaine(coke, charlie, snow, Snorted in powder Sense of well-being, alertness Dependence, restlessness, Class AC) form, injected and confidence paranoia, damage to nasal

membranes

Crack(freebase, rock, Smokable form of Similar to those of snorted As for cocaine but, because of Class Awash, stone) cocaine cocaine but initial feelings are the intensity of its effects,

much more intense crack use can be extremelyhard to control, damage to lungs

Ecstacy(E, XTC, doves, Swallowed, usually Alert and energetic but with a Possible nausea and panic, Class Adisco biscuits, in tablet form calmness and sense of well - overheating and dehydrationechoes, scooby being towards others. if dancing, which can be fatal.doos,) Heightened sense of sound and Use has been linked to liverChemical name colours and kidney problems. Long-MDMA term effects not clear but may

include mental illness anddepression

LSD(acid, trips, tabs, Swallowed on tiny Hallucinations, including There is no way of stopping a Class Adots, blotters, square of paper distorted or mixed-up sense of bad trip which may be amicrodots) vision, hearing and time. An frightening experience.

LSD trip can last as long as Increased risk of accidents8-12 hours can trigger off long-term mental

problems

Magic

Mushrooms(shrooms, mushies) Eaten raw or dried, Similar effects to those of LSD As for LSD, with the additional Not illegal

cooked in food or but the trip is often milder and risk of sickness and poisoning in raw statebrewed in tea shorter but Class A

once driedorprocessedin any way

Cannabis(hash, dope, grass, Rolled in tobacco Relaxed, talkative state, Impaired co-ordination and Class Bblow, ganja, weed, into a spliff, joint or heightened sense of sound and increased risk of accidents,shit, puff, marijuana) reefer and smoked, colour poor concentration, anxiety,

smoked in a pipe or depression, increased risk ofeaten respiratory diseases including

ling cancer


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Barbiturates(barbs, downers) Swallowed as tablets Calm and relaxed state, larger Dependence and tolerance, Class B

or capsules, injected doses produce a drunken effect overdose can lead to coma ampules or even death. Severe

withdrawal symptoms

Amphetamines(speed, whizz, ) In powder form, Stimulates the nervous system, Insomnia, mood swings, Class Buppers, billy, sulph, dissolved in drinks, wakefulness, feeling of energy irritability, panic. Theamp injected, sniffed or and confidence comedown (hangover) can be

snorted severe and last for several days

Tranquillizers(brand names Swallowed as tablets Prescribed for the relief of Dependency and tolerance, Class C.include valium, or capsules, injected anxiety and to treat insomnia. increased risk of accidents, AvailableAltivan, Mogadon High doses cause drowsiness overdose can be fatal, severe only on(moggies) withdrawal symptoms prescriptionTemazapam (Medicines(wobblies, mazzies, Act). Supplyjellies)) is illegal

but, apartfromTemazepam,not illegalto possess

without aprescription.Misuse ofDrugs Act1971 andassociatedRegulations)

Anabolic steroids(many trade names) Injected or swallowed With exercise can help to build FOR MEN: erection problems, Class C

as tablets up muscle. However, there is risk of heart attack or liversome debate about whether drug problems.improves muscle power and FOR WOMEN: development ofathletic performance male characteristics. Injecting

equipment brings risk of HIVor hepatitis infection

Poppers(alkyl nitrates, Vapours from small Brief and intense head-rush Nausea and headaches, Not illegalincluding amyl bottle of liquid are caused by sudden surge of fainting, loss of balance, skin to possessnitrate with trade breathed in through blood through the brain problems around the mouth but supplynames such a Ram, mouth or nose and nose, particularly dangerous withoutTNT, Thrust) for those with glaucoma, anemia, prescription

breathing or heart problems is illegaland can bean offence

Solvents(including gas lighter Sniffed or breathed Short lived effects similar to Nausea, blackouts, increased Not illegalrefills, aeroslos, into the lungs being drunk, thick-headed, risk of accidents. Fatal heart to possessglues. Some paint dizziness, possible hallucinations problems can cause instant death but it isthinners and illegal for a

correcting fluids) shopkeeper tosell solventsto anyoneunder 18,if theysuspectthey areintendedfor mis-use

December 2003


12/12

December 2003

REFERENCES

LegislationHealth and Safety at Work Act 1974

Road Traffic Act 1988

The Construction (Health, Safety and Welfare) Regulations1996

The Management of Health and Safety at Work Regulations1999

Transport and Works Act 1992

Misuse of Drugs Act 1971.

References

HSE publicationsINDG 240 L Dont Mix It!INDG 91 Drug Misuse at Work

Forensic Science ServiceManagers Guide To Drug And Alcohol Policy In TheWorkplace

Trades Union CongressDrunk or disord ered

Alcohol ConcernState of the Nation 2002Drugs and Alcohol at Work Dont Mix

All of the above reference material is available from:Construction Industry Publications Ltd.,60 New Coventry Road, Sheldon,Birmingham, B26 3AY

Tel: 0870 078 4400Fax: 0870 078 4401e-mail [email protected]
mailto:[email protected]?subject=Health%20and%20Safety%20at%20Work%20Act%201974,mailto:[email protected]?subject=Road%20Traffic%20Act%201988mailto:[email protected]?subject=Road%20Traffic%20Act%201988mailto:[email protected]?subject=Road%20Traffic%20Act%201988mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=The%20Management%20of%20Health%20and%20Safety%20at%20Work%20Regulations%201999mailto:[email protected]?subject=The%20Management%20of%20Health%20and%20Safety%20at%20Work%20Regulations%201999mailto:[email protected]?subject=The%20Management%20of%20Health%20and%20Safety%20at%20Work%20Regulations%201999mailto:[email protected]?subject=The%20Management%20of%20Health%20and%20Safety%20at%20Work%20Regulations%201999mailto:[email protected]?subject=The%20Management%20of%20Health%20and%20Safety%20at%20Work%20Regulations%201999mailto:[email protected]?subject=Transport%20and%20Works%20Act%201992mailto:[email protected]?subject=Transport%20and%20Works%20Act%201992mailto:[email protected]?subject=Transport%20and%20Works%20Act%201992mailto:[email protected]?subject=Transport%20and%20Works%20Act%201992mailto:[email protected]?subject=Transport%20and%20Works%20Act%201992mailto:[email protected]?subject=Transport%20and%20Works%20Act%201992mailto:[email protected]?subject=Transport%20and%20Works%20Act%201992mailto:[email protected]?subject=Misuse%20of%20Drugs%20Act%201971.mailto:[email protected]?subject=INDG%20240%20L%20Don%D5%B4%20Mix%20It!mailto:[email protected]?subject=INDG%2091%20Drug%20Misuse%20at%20Workmailto:[email protected]?subject=INDG%2091%20Drug%20Misuse%20at%20Workmailto:[email protected]?subject=INDG%2091%20Drug%20Misuse%20at%20Workmailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=Drunk%20or%20disorderedmailto:[email protected]?subject=Drunk%20or%20disorderedmailto:[email protected]?subject=Drunk%20or%20disorderedmailto:[email protected]?subject=Drunk%20or%20disorderedmailto:[email protected]?subject=State%20of%20the%20Nation%202002mailto:[email protected]?subject=Drugs%20and%20Alcohol%20at%20Work%20Don%D5%B4%20Mixmailto:[email protected]?subject=Drugs%20and%20Alcohol%20at%20Work%20Don%D5%B4%20Mixmailto:[email protected]:[email protected]:[email protected]:[email protected]?subject=Drugs%20and%20Alcohol%20at%20Work%20Don%D5%B4%20Mixmailto:[email protected]?subject=State%20of%20the%20Nation%202002mailto:[email protected]?subject=Drunk%20or%20disorderedmailto:[email protected]?subject=Managers%20Guide%20To%20Drug%20And%20Alcohol%20Policy%20In%20The%20workplacemailto:[email protected]?subject=INDG%2091%20Drug%20Misuse%20at%20Workmailto:[email protected]?subject=INDG%20240%20L%20Don%D5%B4%20Mix%20It!mailto:[email protected]?subject=Misuse%20of%20Drugs%20Act%201971.mailto:[email protected]?subject=Transport%20and%20Works%20Act%201992mailto:[email protected]?subject=The%20Management%20of%20Health%20and%20Safety%20at%20Work%20Regulations%201999mailto:[email protected]?subject=The%20Construction%20(Health,%20Safety%20and%20Welfare)%20Regulations%201996?mailto:[email protected]?subject=Road%20Traffic%20Act%201988mailto:[email protected]?subject=Health%20and%20Safety%20at%20Work%20Act%201974,

cip section 0d

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