Rank: Guest 
|
Posted By Jason McQueen
could someone point me in the right direction (as far as legislation goes) as to the responsibilites of a company that discovers one of its employees is abusing a substance (alcohol in this case). Also is there any guide lines or code of practice to deal with such a situation?
|
|
|
|
|
|
Rank: Guest
|
Posted By George Wedgwood Two very good booklets from the HSE are downloadable from HSE Books website; "Drug Misuse at Work" (www.hse.gov.uk/pubns/) and "Don't mix it" (www.hse.gov.uk/pubns/indg240.htm) - a guide for employers on alcohol at work. There is also very sensible advice from the GPMU at www.gpmu.org.uk/hs/hsdrug.html). Basically you should have a Policy on alcohol and drugs misuse, supported by another one on your disciplinary procedure. Both of these should be made clear to all employees and posted for them to see. training is essential as is some provision for support, advice and rehabilitation if necessary, as in your case. The bottom line is that an employer cannot take the risk of a serious injury or fatality due to the results of drugs misuse or alcohol consumption at work and if this is perceived as a problem, then a screening or random testing programme should be introduced and made a condition of contract with employees. They should of course be well informed and involved in the process, to ensure acceptability. The first thing a manager should do is speak to the person concerned and in confidence warn them of possible consequences if they are found to be under the influence (you will have little proof of what is affecting them if there is no sampling or specialist input) The person could be referred to a specialist in substance monitoring for a test and if they refuse, then they should be subject to the disciplinary procedure, which could result in dismissal. Any absence due to substance 'management' by an employer should be classed as sickness absence and monitored in the usual way. If you email me, I can share a typical D&A Policy. I hope this helps, George
|
|
|
|
|
|
Rank: Guest
|
Posted By Robert M Edwards
This is a disciplinary matter and in certain occupational sectors could have a criminal as well as civil remedy in law.
However the idea that random testing for substances is the solution is not the case. The ability to random test for substances has to be with the consent of the employee and should not be introduced without a consultation. In almost all cases it is a material contract alteration and should be reflected as such, as well as a policy to introduce the exact terms of the testing and the circumstances of testing.
Withholding consent for testing is also problematic for an employer as the test of the courts is the reasonableness of the request, in those particular circumstances and this has been tested and found in the employees' favour in two cases to date.
This again is a knotty issue and requires attention to HRA as well as Employment legislation as usual!
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.