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Construction Health and Safety

DRUGS AND
ALCOHOL

Section 0D

0D – 1
NOTE:
Whilst every care has been taken to ensure accuracy within
this work, no liability whatsoever is accepted by “Construction
Health and Safety’’, its sponsoring organisations or their
advisers in respect of the information given.

No material from this book may be reproduced in any


shape or form without written permission from the publishers.

0D – 2 June 2003
CONTENTS

Introduction OD–4
Definitions OD–4
Drink Driving OD–4
Prescription Drugs OD–4
Alcohol Consumption OD–4
Testing for drugs and alcohol OD–5
Scope of the problem OD–5
Identification of alcohol and drugs problems OD–5
Addressing drugs and alcohol at work OD–5
Developing a workplace policy OD–5
Alcohol and drugs policy. implementation OD–6
Temporary and sub-contracted staff OD–6
Abuse outside the workplace OD–6
Drug or alcohol screening and testing OD–6
Pre-employment testing OD–6
Probation testing OD–6
Periodic testing OD–6
‘Post incident’ testing OD–6
‘For cause’ testing OD–6
Random testing OD–6
Rehabilitation testing OD–7
Refusing a test or drug screen OD–7
Taking disciplinary action OD–7
Draft drink and drug abuse policy and procedure OD–8
Controlled drugs OD–10
References OD–12

December 2002 0D – 3
DRUGS AND ALCOHOL
Introduction environment that are never free of the effects of alcohol and
The use of drink and drugs by an employee is of serious as such are a constant source of danger to themselves or
concern to employers, given the risk of the employee under- anyone else working with them.
performing and the possibility that their own health and It should be born in mind that the effects of alcohol or
safety and that of others may be compromised. There is also drugs affects the sensory perception and reaction time of
a need to comply with legislation in this area, including the people and where work has to be carried out, either using
Health and Safety at Work Act 1974, the Road Traffic Act hand tools, machinery or driving should be careful of their
1988, the Transport and Works Act 1992 as well as the intake.
common law duty to provide a safe working environment.
Employers can also be held liable for the acts of employees Drink Driving
under the Misuse of Drugs Act 1971. Driving whilst under the influence of alcohol is a criminal
Drug abuse poses a potential threat to the health, well offence, with penalties which spread from a fine with or
being and the livelihood of employees. The consequences without disqualification to a term of imprisonment. The
are a reduction in perception, concentration and awareness, current legal limit is 80mg of alcohol to 100ml of blood. The
which can affect the safety and welfare of afflicted persons law allows no discretion.
and that of others. The inability of a person to function
competently and with reasonable care is a problem, which Approximate detection times of commonly
must be addressed to prevent accidents occurring in the used drugs in urine
workplace.
Alcohol related problems can be detrimental to the Drugs Approximate
individual and the smooth operation of an employers detection time
operation, and can result in waste and inefficiency. Alcohol 6-10 hours
However, it is acknowledged that such problems can be Amphetamine 1-2 days
effectively treated. Barbiturates 2-10 days
Cannabis 1 day – 5 weeks
Definitions Cocaine 1-4 days
Alcohol a colourless volatile inflammable liquid forming the Dihydrocodiene 1-2 days
intoxicating element in beer, spirits and wines. Heroine detected as morphine 1-2 days
Alcoholic a person suffering from alcoholism Lysergide(LSD) 8 hours
Alcoholism an addiction to, or the diseased condition Methadone 1 day – 1 week
relating to the consumption of alcoholic liquor Ecstasy 1-2 days
Drug" or "Drugs is deemed to refer to all banned
substances, pharmaceutical drugs, alcohol and solvents
unless otherwise stated Prescription Drugs
Drug Abuse is "the intermittent or continual use of Not only can illegal drugs be dangerous on site, so can
drugs (as defined above) which, when abused or used for drugs prescribed by a doctor. On every prescription
non medical reasons, are detrimental to the employee's received from the chemist there is a notice giving details of
health and/or work performance in areas which effect the correct dosage to be taken and at what intervals. This
efficiency, productivity, safety, attendance or behaviour at dosage must be strictly adhered to as taking more than
work or during business." directed may have adverse effects on the bodily symptoms.
Under the influence A sufficient amount of the Some direction labels may also give a warning for example
substance in the employee’s system to produce a positive
result from a medical test or breathalyser and, or that the May cause drowsiness. If affected do not
employee shows erratic abnormal behaviour likely to pose a drive. Do not operate machinery.
risk to others or to interfere with their job performance.
Substance includes the use of illegal drugs, misuse of Such warnings are not put on prescriptions for the fun of it.
legal drugs or other substances such as solvents or alcohol. They are there for the guidance and advice of the person for
Company premises means all property owned, whom the drugs are prescribed and should be strictly
operated, leased by or otherwise under the control, in whole adhered to.
or part of. This includes building and construction sites as
well as company offices on or off site Alcohol Consumption
Alcohol consumption varies from person to person. Some
The Morning After people have never taken alcohol because of their beliefs,
The effects of alcohol in the body can remain for a much some people have decided to abstain because of medical or
longer period of time than many people realise. If a worker other reasons. The fact remains that alcohol has a soporific
indulges at a party or other drinking session in the mid to effect on all people, it is only the amount of effect that differs.
late evening prior to a working day, they could well still be Excessive or binge drinking is bad not only for the effects
under the influence at the start of, or even well into the that are quickly felt, but also for long term medical effects.
working day following. The intakes of coffee, eating stodgy The Government Department of Health recommended
food or sucking peppermints to lessen the resultant effects alcohol intake amounts are 28 units per week for men and
are purely myths. The body will only dispose of the alcohol 21 units per week for women. One unit of alcohol is
at its own rate although that rate may differ from person to one normal measure of spirits. A pint of beer or
person. Lager is taken as containing two units of alcohol.
The generally accept position is that alcohol dissipates in Continued excessive intake of alcohol can result in
a healthy body at around _ pint per hour. That interprets to scarring of the liver tissue, which affects the function of the
anyone consuming six pints of beer or lager needs about 12 liver. Approximately 30% of all people diagnosed with the
hours to ensure that all traces of alcohol have dissipated condition of Cirrhosis of the Liver will survive 5 years after
from the body. diagnosis.
The fact remains that there are people in the working

0D – 4 December 2002
Testing for drugs and alcohol work and poor presentation of the finished article
Before any decision is taken by an employer to implement a • Mood swings from happy to sad or morose
drug or alcohol regime, care must be taken to ensure that a • Irritability or aggression, argues with superiors or work
drugs and alcohol policy is implemented and that all colleagues
employees have their contracts changed to state that they • Misconduct
agree to such a regime. Without their contracts being Other ways of identifying alcohol and drugs problems
suitably amended, any action taken against an employee in among your employees include:
relation to drugs and alcohol that an employer takes • Self identification and or self referral to treatment
resulting in dismissal, could be construed by an employment • Identification by a co-worker
tribunal as constructive dismissal. • Identification by a supervisor
Any amended contract must clearly state that the • Performance testing
employee understands what is meant by the company drug Education of employees about the nature of alcohol and
or alcohol testing policy and sign to say that they agree with drug problems, the workplace policy and treatment options
the concept. will improve the chances of the affected person or a co-
worker identifying that a problem exists.
Scope of the problem The benefits of such identification need to be clear and
Problems present at the workplace relate not just to you need to guarantee that employees who seek help will
consumption at or before work or to intoxication at work. not be disadvantaged or punished. Your management,
Drugs or Alcohol taken outside the workplace can affect supervisors and employees should not interfere in someone’s
performance long after the substance was consumed The private life unless aspects of that person’s use of alcohol or
indirect effects of alcohol and drug problems on individuals’ drugs affects their or others work performance.
actions within the workplace can also be severe. Your supervisors and managers should only identify or
When considering the scale of the drugs or alcohol intervene where there are performance deficits or other
problem within a company the following items must be taken work-related indications that a problem may exist.
into account. Supervisors and managers may need training to be effective
• The increased risk of accidents due to under performance in identifying and addressing drug or alcohol misuse
caused by drugs or alcohol problems. Such methods of identification should be clear
• The lowering of standards of safety within a company from any policy introduced by a company and be agreed to
• The general long term health of the workforce in the consultation process prior to such a policy
• How customer relations could be affected implementation.
• Stress factors of employees due to home circumstances
• Stress factors on employees due to financial implications Addressing alcohol and drugs at work
brought about by the need to feed a habit or addiction Consultation between a company and its employees is
• Low productivity caused by employees inability to cope essential if alcohol and drug problems are to be addressed
with workplace situations adequately. This can be achieved through a committee or
• Poor and troublesome actions by employees under the through direct consultation with workplace health and safety
influence of substances bringing about a break down in representatives. Unions, employer associations and
discipline professional bodies can assist with advice to help develop a
• Inept and poor decision making workplace alcohol and drugs policy. In any event, the
• Poor performance of employees whilst at work introduction of a new policy will be considered a change to
• The theft of property from the company or work your employees terms and conditions and should only be
colleagues by those under substance influence to feed introduced following full consultation.
personal habits
• The amount of time lost from the workplace due to Development of a workplace policy
absenteeism, lateness or habitual sick leave A workplace policy applying to all staff can benefit all
• The adverse effect drugs or alcohol use could have on the companies and should form part of that companies overall
company image health and safety policy. The alcohol and drug policy that is
Successfully tackling alcohol and drug misuse can benefit adopted will need to take account of the particular needs
both your business and your employees. For example by and the practical situations, including those brought about
saving on the cost of recruiting and training new employees by working on building and construction sites, of the
to replace those whose employment might be terminated company. However, there are a number of minimum
because of untreated misuse. requirements for such a policy, which must:
• Creating a more productive environment by offering • contain a clear statement of the behaviour that is
support to those employees who declare a drug-related expected of employees.
problem, improving employee morale. It should:
• Reducing the risk of accidents caused by impaired • apply equally to all employees, including managers and
judgement. supervisors, at the workplace.
• Enhancing the public perception of your organisation as • be part of your comprehensive health and safety policy.
a responsible employer; • result from adequate consultation with your employees
• Contributing to society’s efforts to combat alcohol and before it is adopted.
drug misuse. • be made known to all employees.
• address issues in the work environment that are likely to
Identification of alcohol and drug problems increase the use of alcohol or drugs.
The misuse of drugs or alcohol or solvents by your • to the greatest possible degree, be non punitive.
employees may come to light in a variety of ways. • state the conduct likely to result in action under the
The following behaviour may indicate the existence of a discipline.
problem: • provide for appropriate treatment and rehabilitation for
• Absenteeism without notice employees with problems.
• Poor time keeping • be evaluated, after implementation and amended, if
• High accident levels and a tendency to be clumsy necessary, in line with the outcome of the evaluation
• Tendency to become confused and dis-orientated Any interference by an employer in an employee’s
• Poor performance of duties, sloppy in the approach to private life must be "lawful and proportionate".

December 2003 0D – 5
The policy is likely to be lawful and proportionate if: Drug or alcohol testing screening and
• it is instituted to protect and promote employee’s safety. testing
• employees are aware of the policy. Screening and testing are sensitive issues because of the
• employees will know what the employer will do with the many implications involved. No one can be tested against
test results, and his or her will. However, if testing is introduced, a refusal
• the employer has no other reasonable alternative way of can lead to disciplinary action. Securing the agreement of
obtaining the same result. the workforce is crucial (except in the case of pre-
employment testing).
Alcohol & drugs policy: implementation Some of the issues that must be considered are as follows:
Implementing such a policy has four essential components: • How much will a screening system cost?
• the education and information of all levels of • What type of testing is needed?
management and employees • How will test samples be collected?
• the organisational support shown by the company • What action will be taken if a positive result is given?
• the addressing of issues in the work environment There are varied and well-tried methods and styles of
• the prevention and rehabilitation support offered by a testing for drugs or alcohol.
company to its employees • Pre-employment testing
Information about a drugs and alcohol policy must be • Probation testing
provided, to all employees and be included as part of any • Periodic testing
induction training for new recruits. The policy needs to be • ‘Post-incident’ testing
supported by education about the harmful effects of alcohol • ‘For-cause’ testing
and drugs and the rehabilitation services available. • Random testing
It is important that management demonstrates its full • Rehabilitation testing
support for the policy by ensuring observance by all staff, at
what ever level, and endorsing changes to the working Pre-employment testing
environment to facilitate the use of such a policy. This type of testing, as the tile implies, is carried out prior to
The provision of treatment and, or referral services is an an applicant commencing employment with a company. It
important component of implementing the policy. If problems can be done as a separate entity or during a pre-
are detected early, before serious physical and social effects employment medical examination. Draw backs to this type
occur, a brief intervention may be all that is needed. of testing is that where an applicant is aware that such a test
Confidentiality for employees undergoing treatment and will be carried out, they may be able to refrain from the use
rehabilitation must be guaranteed, equally employees of the drug or alcohol in the pre-test period, thereby giving a
should not be disadvantaged in terms of promotion or false test.
seniority because they have sought or are accepting help.
Treatment and rehabilitation should be covered by adequate Probation testing
leave entitlements. Carried out during a period of probation following the
However, as with all workplace health and safety commencement of employment. This allows the employer to
matters, consultation with employees and the provision of assess the employee and take any action necessary should
education and information at an early stage may prevent the that employee be found using drugs or alcohol. Whilst this
onset of alcohol and drug problems at work type of testing may be possible in an office environment it is
not particularly practicable on construction sites. Due to the
Temporary and sub-contracted staff peripatetic style of the workforce anyone who is abusing
Don’t overlook the employees of other contractors or sub drugs or alcohol could leave employment by a contractor if
contractors including temporary staff, who may be working they were aware when such a test was to be carried out.
on site and should also be made aware of the content and
purpose of misuse policies. A policy should also address the Periodic testing
use of sub-contractors. Sub-contractors are normally obliged This is testing to a laid down routine after specific work
to work within the organisation’s policies and this should tasks, such as crane and plant operating or vehicle driving
form part of the contract. have been undertaken or to an agreed time scale. Again this
type of testing would allow for an employee so inclined to
Abuse outside of the workplace refrain from the use of the drug or alcohol in the pre-test
Generally, an employee’s conduct outside of the workplace period, thereby giving a false test.
is outside of the employer’s control. However, if drug or
alcohol use during recreational times impinges on the ‘Post-incident’ testing.
employee’s performance at work, which may or may not Carried out after an incident or accident has occurred,
cause a concern for the health and safety of the employee, where an employer believes that the effects of drugs or
or that of others who may be affected by the employees’, alcohol could be a contributory factor to the incident or
actions, consideration should be given to the situation and to accident.
what action should or can be taken.
Any Drugs or Alcohol policy should consider situations ‘For-cause’ testing
where an employee’s behaviour outside the workplace may This test may be carried out when a manager or supervisor,
affect the organisation e.g. by damaging its reputation. In concerned by an employees, unsteady gait, slurring of
such a case, or the case of an employee convicted of words or behaviour which is unusual, and has reason to
criminal offence outside the workplace, the circumstances believe drugs or alcohol could be involved. Extreme care
would have to be properly investigated. If an employee must be used when carrying out this type of testing as the
whose job involves driving were to lose their licence through person being tested may claim victimisation or intimidation.
a drink driving offence, the employer would need to
consider whether this is grounds for dismissal or if an Random testing
alternative role can be found for the employee. Purely as the heading implies. Testing carried out on a purely
random method either of the entire workforce or a group or
groups of individuals.

0D – 6 December 2003
Rehabilitation testing disciplinary policy allows.
Carried out as a precautionary practice after an employee It is essential that the drug and alcohol policy is consistent
previously affected by the use of drugs or alcohol, has with disciplinary procedure. The latter may require
submitted themselves to a period of rehabilitation. This amendment to ensure that, where appropriate, disciplinary
allows the employer to acknowledge that the person action can be taken against employees.
concerned has kept up the rehabilitation process or
regressed. Usually where the employee has regressed, Taking disciplinary action
disciplinary proceedings will have to be considered as the Employees with a drink or drugs problem or suspected of
help offered by the company is clearly being abused abusing drink or drugs should have the same rights to
Screening itself will never be the complete answer to confidentiality and support as they would if they had any
problems caused by drug misuse and its results must always other medical condition.
be supplemented by a professional assessment of the It can be very difficult for employees to admit to having a
employee. Prevention is just as important and this guidance drink or drugs problem either because of the stigma or
is relevant whether screening is introduced or not. because of the fear of reprisals. Your hands may be tied if
In any event, screening is only likely to be acceptable if it an employee has broken the law at work, however, to
can be seen to be part of an organisation’s occupational encourage openness, staff should be aware that, where
health policy and is clearly designed to prevent risks to the possible, drug and alcohol problems will be treated as
abuser and others. health issues rather than as an immediate cause for dismissal
or disciplinary action.
Refusing a test or drug screen An Employment Tribunal may consider an employee to
Possession of, or the dealing of should be reported to the have been unfairly dismissed if the reason for the misconduct
police and there should be no alternative to this procedure. was drug or alcohol related and no attempt was made to
If help is refused and or impaired performance continues, help the employee at first instance.
a disciplinary policy should allow for the suspension of However, common sense must prevail. A safety critical
employees suspected of being intoxicated or under the environment or role will allow for a less tolerant policy.
influence of drugs and solvents. The employee should be Clearly, one-off incidents of drunkenness in the case of
prohibited from resuming work until sober or suspended employees returning form the pub at lunchtime must be dealt
pending disciplinary action or alternatively counselling with immediately under the disciplinary procedure.
given. In the case of suspension on health and safety Employees must not be permitted to evade disciplinary
grounds, the employee should receive full pay for the proceedings by claiming a dependency problem where
duration of the suspension. In the case of suspension none-exists. The following are examples of cases in which
following an allegation of gross misconduct, it may be the policy should specify disciplinary action will be taken:
permissible to suspend an employee on no pay if the

December 2002 0D - 7
Appendix A upsets
• Unscheduled short-term absences, with or without
explanation
Draft drink and drug abuse policy and
procedure High accident level
The attached draft policy is for guidance only. Any policy • At work
should reflect the requirements of the business and must be • Elsewhere, eg. driving, at home
implemented in practice. Introducing a policy that is not
followed or is inappropriate to the business may be worse Work Performance
than not having a policy at all. The policy imposes • Difficulty in concentration
obligations on you as an employer as well as your • Work requires increased effort
employees, if you have a policy you may for example have • Individual tasks take more time
to agree to treatment to employees where you may • Problems with remembering instructions or own mistakes
otherwise have simply followed the disciplinary procedure.
Further, if a policy is adopted it must be reviewed Mood Swings
regularly to ensure that it is working and changed as • Irritability
necessary. You must also ensure the employees remain still • Depression
aware of the policy and its consequences. • General confusion
This draft policy has been reproduced with the kind
permission of The Construction Confederation Misconduct
• An employee’s substance problem may come to light as a
Policy mitigating factor in a disciplinary interview. It may be
The Company recognises the potential dangers of alcohol, treated as a mitigating factor for certain ‘less serious’
drug and solvent abuse, known as substance abuse, to both disciplinary offences, such as poor timekeeping or
the individual and the Company. lateness, provided the person is prepared to undergo
The Company aims to prevent, where possible, alcohol, treatment.
drug and solvent abuse amongst employees and to detect at
an early stage employees with problems. Self referral
The Company aims to prevent, and where possible, will • In some instances, employees may come forward
offer assistance such as counselling or leave of absence from voluntarily and seek help themselves.
work if required for treatment. There may be, however,
some instances when this offer may not be appropriate and Manager’s responsibility
Managers must assess each case individually. A Manager who suspects one of their employees of having a
substance abuse problem must discuss the matter with the
Rules relevant [Manager/Director]
Employees must not use, possess, conceal, transport, Before approaching the employee with their concern.
promote, or sell prohibited substances whilst on Company The (Manager) will then discuss the matter with the employee
premises, in Company vehicles, on client premises or at the and try to establish the cause of the problem (although it
work site. must be pointed out that individuals with a drugs or alcohol
Employees must not report for work under the influence of problem will often go to great lengths to conceal the
prohibited substances. situation).
Employees must not consume alcohol in the office or on The employee should be reminded or informed of the
site except on approval occasions. assistance the Company is prepared to give employees who
are trying to overcome an alcohol or drugs problem and
Definitions should be informed of outside agencies where help can be
‘Under the influence’ means that there is a sufficient amount obtained.
of the substance in the employee’s system to produce a The employee should be informed that the Company
positive result from a medical test or breathalyser unit requires his or her performance to be improved to an
and/or that the employee shows erratic abnormal behaviour acceptable standard and that failure to achieve this will
likely to pose a risk to others or to interfere with their job result in dismissal. The (Manager) (having consulted with the
performance. (Director)) should agree with the employee what follow-up
Substance includes the use of illegal drugs, misuse of action is to be taken. Where it is established that alcohol or
legal drugs or other substances such as solvents or alcohol. drugs is or could be the problem, an appointment should be
Company premises means all property owned, operated, arranged with the Company Doctor.
leased by or otherwise under the control, in whole or part of. If the employee denies that either alcohol or drugs are the
cause of the problem (whether believed or not), he or she
Establishing the problem should be treated as for any other disciplinary/capability
Managers should be aware that the misuse of drugs, problem, whichever is judged as appropriate by the
alcohol, or solvents by employees may come to light in (Manager) and (Director).
various ways. The following characteristics, especially when However, if there are strong signs that the employee’s
arising in combinations, may indicate the presence of a unsatisfactory performance is drug or alcohol-related and he
substance problem. or she will not admit or acknowledge this, further
encouragement should be given at all stages of the
Absenteeism disciplinary/capability procedure to face up to the true
• Instances of unauthorised leave underlying problem.
• Frequent Friday/Monday absences
• Leaving work early Treatment and assistance
• Lateness ( especially on returning from lunch) Where employee acknowledge that they have a problem
• Excessive level of sickness absence and are given help and treatment, this will be on the
• Strange and increasingly suspicious reasons for absence understanding that:
• Unusually high level of sickness for colds, flu, stomach The Company will give employees, assessed as having a
substance abuse problem, all reasonable time off in

0D - 8 December 2002
accordance with the Company’s Absence Policy. will be subject to action under the Company’s
Every effort should be made to ensure that on completion disciplinary procedure up to and including dismissal.
of the recovery programme employees are able to return to
the same or equivalent work. Release of the test result
However, where such a return would jeopardise either a • It is a condition of employment that all employees agree
satisfactory level of job performance or the employee’s to the release of the results of screening for prohibited
recovery, the appropriate (Director) will review the full substances as required.
circumstances surrounding the case and agree a course of
action to be taken. This may include the offer of suitable Right of search
alternative employment, or the consideration of retirement on • The Company reserves the right to search the person,
the grounds of ill health or dismissal. (Before a decision on his/her possessions and or immediate work area of any
dismissal is made, it should be discussed with the employee employee or third party personnel who work, visit or
and an up-to-date medical opinion obtained). perform services on Company premises.

Relapse
Where an employee, having received treatment, suffers a
relapse, the Company will consider the case on its individual
merits. Medical advice will be sought in an attempt to
ascertain how much more treatment/rehabilitation time is
likely to be required for a full recovery. At the Company’s Serious misconduct caused by alcohol,
entire discretion, more treatment or rehabilitation time is drugs or solvents
likely to be required for a full recovery. At the Company’s
entire discretion, more treatment or rehabilitation time may Intoxicated employees
be given in order to help the employee to recover fully. • If an employee is known to be, or is strongly suspected of
being, intoxicated by alcohol, drugs or solvents during
Recovery unlikely working hours, arrangement will be made for the
If, after the employee has received treatment, recovery employee to be escorted from the Company premises
seems unlikely, the Company may be unable to wait for the immediately. The Company Doctor may also be
employee any longer. In such cases, dismissal may result but consulted on the incident. Disciplinary action will take
in most cases a clear warning will be given to the employee place when the employee has had time to become sober.
beforehand and a full medical investigation will have been
undertaken. Consumption of alcohol on the premises
• Employees are expressly forbidden to consume alcohol
when at work or to bring onto Company premises under
Drug screening programme any circumstances. Any breach of this rule will result in
disciplinary action being taken which is likely to result in
Procedure summary dismissal.
Employees may be required to submit to a test to check for
the presence of drugs or alcohol under the following Drug abuse on the premises
circumstance: • Employees who take drugs, which have not been
• Following an accident or incident on Company or client medically prescribed to them on medical grounds, will, in
premises, at a worksite or involving a Company vehicle; the absence of any mitigating circumstances, be deemed
• Following the discovery of a prohibited substance on to be committing an act of gross misconduct. This will
Company premises; thus render themselves likely to be summarily dismissed,
• Where there is reason to suspect that the employee may as will any employee believed to be buying or selling
be under the influence of a prohibited substance; drugs, or unlawfully in possession of drugs.
• Where it is suspected there has been a breach of the
policy, e.g. high individual accident experience, Education and training
excessive absenteeism, observed erratic behaviour • The Company will provide training for appropriate staff
and/or deteriorating job performance in recognising the responding to the early stages of
alcohol or drugs problems amongst employees. The
Refusal to take a drugs test Company will provide health educational initiatives to
• If the employee refuses to take a drugs test the employee raise awareness of the policy and the risks associated.

December 2002 0D - 9
Appendix B
The penalties for offences involving drugs depend on the
The Misuse of Drugs Act 1971 lists the drugs that are subject classification of the drug. Penalties for the misuse of Class A
to control and classifies them in three categories according drugs are more severe than those for Class B drugs which
to their relative harmfulness when misused. are in turn more severe than those for Class C drugs. The Act
also distinguishes, in terms of penalties that may be
Class A Includes ecstasy, cocaine, heroin, LSD, imposed, between the offences of possession and drug
mescaline, methadone, morphine, opium and trafficking or supplying, with the latter attracting higher
injectable forms of Class B drugs penalties.

Class B Includes oral preparations of amphetamines, It is possible that in certain circumstances charges may be
barbiturates, cannabis, cannabis resin, codeine brought against an employer or employee under either this
and methaqualone (Mandrax) Act or the Health and Safety at Work Act 1974 or both. It
would be up to the courts to decide on the circumstances of
Class C Includes most benzodiazepines (EG each case.
Temazepam, Valium), other less harmful drugs
of the amphetamine group, and anabolic Most commonly misused substances in the United Kingdom
steroids
Name (street or How usually Effects sought Harmful effects include Legal
trade name) taken Status
Heroin
(Smack, horse, gear, Injected, snorted or Drowsiness, sense of warmth Physical dependence, Class A
H, junk, brown, stag smoked and well-being tolerance, overdose can lead
scag, jack) to coma and even death.
Sharing injecting equipment
brings risk of HIV or hepatitis
infection
Cocaine
(coke, charlie, snow, Snorted in powder Sense of well-being, alertness Dependence, restlessness, Class A
C) 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 A
wash, stone) cocaine cocaine but initial feelings are the intensity of its effects,
much more intense crack use can be extremely
hard to control, damage to lungs
Ecstacy
(E, XTC, doves, Swallowed, usually Alert and energetic but with a Possible nausea and panic, Class A
disco biscuits, in tablet form calmness and sense of well- overheating and dehydration
echoes, scooby being towards others. if dancing, which can be fatal.
doos,) Heightened sense of sound and Use has been linked to liver
Chemical name colours and kidney problems. Long-
MDMA term effects not clear but may
include mental illness and
depression
LSD
(acid, trips, tabs, Swallowed on tiny Hallucinations, including There is no way of stopping a Class A
dots, blotters, square of paper distorted or mixed-up sense of bad trip which may be a
microdots) vision, hearing and time. An frightening experience.
LSD trip can last as long as Increased risk of accidents
8-12 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 state
brewed in tea shorter but Class A
once dried
or
processed
in any way
Cannabis
(hash, dope, grass, Rolled in tobacco Relaxed, talkative state, Impaired co-ordination and Class B
blow, 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 of
eaten respiratory diseases including
ling cancer

0D - 10 December 2002
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 B
uppers, billy, sulph, dissolved in drinks, wakefulness, feeling of energy irritability, panic. The
amp 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, Available
Altivan, Mogadon High doses cause drowsiness overdose can be fatal, severe only on
(moggies) withdrawal symptoms prescription
Temazapam (Medicines
(wobblies, mazzies, Act). Supply
jellies)) is illegal
but, apart
from
Temazepam,
not illegal
to possess
without a
prescription.
Misuse of
Drugs Act
1971 and
associated
Regulations)
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 liver
some debate about whether drug problems.
improves muscle power and FOR WOMEN: development of
athletic performance male characteristics. Injecting
equipment brings risk of HIV
or hepatitis infection
Poppers
(alkyl nitrates, Vapours from small Brief and intense head-rush Nausea and headaches, Not illegal
including amyl bottle of liquid are caused by sudden surge of fainting, loss of balance, skin to possess
nitrate with trade breathed in through blood through the brain problems around the mouth but supply
names such a Ram, mouth or nose and nose, particularly dangerous without
TNT, Thrust) for those with glaucoma, anemia, prescription
breathing or heart problems is illegal
and can be
an offence
Solvents
(including gas lighter Sniffed or breathed Short lived effects similar to Nausea, blackouts, increased Not illegal
refills, aeroslos, into the lungs being drunk, thick-headed, risk of accidents. Fatal heart to possess
glues. Some paint dizziness, possible hallucinations problems can cause instant death but it is
thinners and illegal for a
correcting fluids) shop
keeper to
sell solvents
to anyone
under 18,
if they
suspect
they are
intended
for mis-use

December 2003 0D - 11
REFERENCES

Legislation
Health and Safety at Work Act 1974

Road Traffic Act 1988

The Construction (Design and Management) Regulations


2007 - Part 4

The Management of Health and Safety at Work Regulations


1999

Transport and Works Act 1992

Misuse of Drugs Act 1971.

References

HSE publications
INDG 240 L Don’t Mix It!
INDG 91 Drug Misuse at Work

Forensic Science Service


Managers Guide To Drug And Alcohol Policy In The
Workplace

Trades Union Congress


Drunk or disordered

Alcohol Concern
State of the Nation 2002
Drugs and Alcohol at Work Don’t Mix

All of the above reference material is available from:


Construction Industry Publications Ltd.,
Unit 3 Gatlodge Close, Round Spinney,
Northampton NN3 8RJ
Tel: 0870 078 4400
Fax: 0870 078 4401
e-mail sales@cip-books.com

0D - 12 June 2007

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