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GeoffB4  
#1 Posted : 08 February 2010 09:00:26(UTC)
Rank: Forum user
GeoffB4

Hi all A client has asked how he deals with a possible drug situation with one of his employees. Could somebody point me to a procedure that outlines the initial and subsequent steps the client needs to take to deal with it? Thanks Geoff
Alan Haynes  
#2 Posted : 08 February 2010 09:30:56(UTC)
Rank: Super forum user
Alan Haynes

You might find the Railway methodology useful http://www.rgsonline.co....s/GEGN8570%20Iss%201.pdf
wclark1238  
#3 Posted : 08 February 2010 09:36:18(UTC)
Rank: Forum user
wclark1238

The clever answer would be to deal with this in line with an established Drugs and Alcohol Policy but I'd guess that there isn't one in place? Presuming an absence of a clearly stated policy for dealing with this my main advise would be to tread carefully. When I developed a D&A Policy I found lots of good information on the web so I'd recommend looking there for some pointers - if this 'problem' involves misuse of drugs at work then disciplinary measures would seem fairly straightforward but if an employee is misusing drugs in their own time then you're into a troublesome area whereby you might need to prove (can be difficult) that the person's job performance is compromised. This is not an easy issue with which to deal so I'd urge anyone who does not have policy in place to think seriously about drafting one.
firesafety101  
#4 Posted : 08 February 2010 09:44:07(UTC)
Rank: Super forum user
firesafety101

Having a policy is the right way to go, however without one it is really difficult. If no policy I would refer the matter to HR. If as I suspect it is a small company then they will be looking for some real help, so get together with the MD and thrash this one out, but first get as much info as you can from the WEB.
RayRapp  
#5 Posted : 08 February 2010 15:08:35(UTC)
Rank: Super forum user
RayRapp

Geoff Presumably the employer does not have a D&A policy? That being the case it is a very difficult topic to deal with retrospectively because any allegation of D&A misuse or abuse is normally followed up with a sample etc. However, there should be procedures in place for staff so that they are aware of any D&A policies, they are encouraged to come forward and seek help, procedures for managers to apply, following an accident or incident (could be legal requirement as per T&W Act 1992), for cause, or random testing. It all needs to be squeaky clean if you are to avoid an Industrial Tribunal. The earlier post suggested it is now a HR matter and I would agree, especially if there is not a policy in place. Happy to discuss if you wish.
rileym  
#6 Posted : 08 February 2010 16:39:41(UTC)
Rank: Forum user
rileym

Agree with all the previous posts, a drug and alcohol policy is essential here. Just some food for though around the "drug situation" that your client has asked for advice on. Is the drug a controlled drug - class A,B,C? (many prescription drugs fall under the misuse of drugs act) Remember both alcohol and tobacco are drugs and cause much more harm than all the other drugs put together Is the drug use outside the workplace? This would not normally be grounds for action. A huge number of people use drugs in their own time. Unless it can be proved it impacts on the persons ability to do the job or if it brings the employer into disrepute or is expressely forbidden eg Police Officers, oil and gas industry etc. then it is really difficult to bring action If the drug use is at the workplace itself this might be seen as gross misconduct. But you still need to consider just what the drug use is. e.g is it smoking crack cocaine or taking a strong painkiller eg. dihydocodeine at work. They seem totally different, but are both drug use and both can cause impairment. This is where a policy can help to define "drug use/misuse/abuse". I used to work in an NHS drug/alcohol role and gave advice to employers developing a drug policy and would be happy to send you some guidance I wrote on this subject, though it might be too late for that. Equally I am happy to advise futher but would need more information on just what the "drug situation" is.
GeoffB4  
#7 Posted : 09 February 2010 15:58:37(UTC)
Rank: Forum user
GeoffB4

Thanks for the answers so far. It's a possible drugs situation where drugs are 'suspected'. No more is known. HR is minimal. And yes, currently they do not have a policy It is outside my remit (and experience) so I'm just trying to put them on the right first step The client ideally wants to take a first step by having the person medically examined but is unsure of both the legality of this action and how they would go about it. The results of a test would indicate the need or not for further action.
wclark1238  
#8 Posted : 09 February 2010 17:05:11(UTC)
Rank: Forum user
wclark1238

GeoffB4 wrote:
The client ideally wants to take a first step by having the person medically examined but is unsure of both the legality of this action and how they would go about it. The results of a test would indicate the need or not for further action.
Be careful! If they are looking to deal with this via disciplinary channels then the lack of a policy is going to leave the company horribly exposed to issues down the road should this individual choose to 'make waves.' If they are looking to deal with this as a welfare issue - IE they want to help the employee by providing him/her with qualified medical support to assist them to 'deal with their problem,' then an informal approach may be ok (I still wouldn't) but, if it were me, I'd be inclined to advise them to introduce a D&A policy as a matter of urgency and then, and only then, look to deal with the suspected drug user. All kinds of issues with employment law and human rights issues if they try to 'force' a test in the absence of an express policy statement.
GeoffB4  
#9 Posted : 10 February 2010 11:46:55(UTC)
Rank: Forum user
GeoffB4

I've passed on Alan's reference to give them an idea of what is procedurally required. A number of contributors mentioned it being an HR function (agree) and this has been re-emphasised with the client. wclark - agree completely with your last post and have forwarded this on also. Thanks again.
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