Code of Practice on Alcohol and Drug Abuse

Under the Health and Safety at Work etc, Act 1974, the University is required to ensure as far as practicable the health and safety of its employees, students and others at work.  It is not its policy to intrude upon the privacy of members of staff, particularly in health matters, where their condition does not affect their conduct or performance.  The University must, however, be concerned where health or behaviour impairs the conduct or work performance of its staff.  It recognises that alcohol is a common cause of such impairment.  It also recognises that different approaches to disciplinary procedures are needed to reflect the different legal position on the possession and supply of drugs.

As a guiding principle, the University recognises that the condition of individuals may be capable of treatment to achieve the restoration of acceptable standards of conduct and performance.  The University will, wherever possible, offer support to assist a member of staff to cease their use and, while it is satisfied that the member of staff concerned is supporting this action, it will make available guidance, the provisions of its sick pay scheme, and withhold disciplinary action if possible.  However, the University's responsibilities to others, such as students and workplace colleagues, and for the general performance of its functions, will occasionally give cause for a member of staff's case to be considered under the disciplinary procedures.

In the case of drugs, problems do not solely arise from the use of prohibited substances.  Experience elsewhere has shown that other prescribed drugs, such as tranquillisers, etc, can cause difficulties with performance at work and can themselves create dependency problems.

The work of the University, which in certain Departments requires the presence and use of certain drugs in controlled circumstances, presents difficulties and temptations which exceed those in most employment areas.  In addition, given that it has a responsibility for the care of students during their formative years, it is important that they are not put into a position, due to the carelessness or actions of staff, where they will be exposed to risk or temptation to indulge in drug usage.  For these reasons this Code of Practice covers a wider area than may be adopted in other areas of employment.

Education and Counselling^[1]

Alcohol and drug abuse can have both physical and psychological effects, including cirrhosis (permanent scarring of the liver), psychiatric disorders including depression, sexual difficulties, irreparable brain damage, high blood pressure and obesity.  Many of these are cumulative in effect and may develop undetected over many years.  Effects on the workplace may include:

     Poor performance and decision making

     Disruption in the running of departments

     Increased absenteeism

     Increased risk of accidents

The University is prepared, through appropriate agencies, to arrange personal counselling and medical advice to those who wish it, or to offer it to those whose situation would seem to require it.  It will also make available, to the University community at large, general information on such matters and guidance on how the development of alcohol- or drugs-related problems can be detected by the member of staff concerned and by workplace colleagues.

 Drinking at Work

The consumption of alcohol at the place of work during working hours is not permitted other than on special occasions, such as reception of visitors, presentations, or seasonal gatherings, when the prior permission of the Head of Section must be obtained.  On such occasions the provision of alcohol should be moderate and suitable non-alcoholic alternatives made available.  Consumption of alcohol at recognised rest breaks (mid-morning and mid-afternoon) is not permitted.  Consumption of alcohol at lunchtime should not be encouraged.  Staff must at all times at work stay strictly within legal drink-driving limits.

 Staff Working with Dangerous Drugs

It will fall mainly to members of the academic, research or technical staff to handle dangerous drugs in the course of their duties.  They are expected to carry out such tasks with the utmost care, keeping drugs wherever possible under lock and key, withdrawing the minimum quantity necessary for their task, keeping their use under close supervision, and returning any surplus stocks to secure storage promptly thereafter.  All necessary paperwork concerned with stock use and recording should be accurately maintained.  Any stock losses must be reported immediately to the Head of Section.

 Action by the Individual

Individuals who know or suspect that they have an alcohol- or drug-related problem are encouraged to seek help voluntarily.  Within the University, suitable agencies may include the Head of Section, the Director of Human Resources or the University's Occupational Health Adviser.  Outside the University, the General Practitioner or local voluntary agencies are available (details below).

 Action by Colleagues

It is likely that a problem drinker or a member of staff with a drug-related problem will come to the notice of colleagues through indications of inadequate or deteriorating work performance.  It is in the interest of a member of staff with an alcohol- or drug-related problem to be offered help as soon as possible, as prompt action carries the best hope of successful treatment.

The first approach should normally be for colleagues to encourage the member of staff to recognise his/her problem and to seek advice, either through his/her General Practitioner or the agencies listed below. If this fails, colleagues are encouraged to alert the Head of Section to the situation so that more formal action may be taken.

A reluctance by colleagues to take such an initiative is understandable.  However, past experience suggests that covering for neglected duties is not a kindness, and serves only to delay, or worse to prevent, a successful outcome.

 Action by the Head of Section

Wherever the Head of Section becomes aware of the alcohol-related problems of a member of staff, or it is seen that a member of staff is using prohibited and other substances personally, he/she should invite the person concerned for interview on a confidential basis.  This opportunity should be taken to record concern for the health and possible predicament of the member of staff concerned, to highlight the support available, and to urge the member of staff to seek help as soon as possible.

 Sources of Help

The main facilities for the medical treatment of a member of staff will be available through the National Health Service, either from his/her General Practitioner or by referral to the Hospital Service.  The assistance required may not always be solely medical, and guidance, counselling and moral support by voluntary agencies, and other such organisations, may be important.  Information and advice on how to approach these voluntary bodies is available from the University's Occupational Health Adviser, who is also willing to give advice to members of staff as to the most suitable route to obtain appropriate medical attention.

 Paid Sick Leave

If it is considered that medical treatment, or some other programme of help, will be useful to a member of staff, the University is willing to provide the facility of its scheme of Paid Sick Leave to allow such a course of treatment to be followed.  This should provide a measure of financial stability over the period involved.  The Head of Section should of course be kept informed of the progress of the member of staff.

 Disciplinary Action - Alcohol Abuse^[2]

The levels of misconduct and failure in performance which may result from alcohol abuse extend over a considerable range.  Where the University is aware that alcohol may be a contributory factor, and where there is a willingness on behalf of the member of staff concerned to correct his/her situation, the University will normally be willing to suspend the introduction of disciplinary procedures to allow treatment.

If a member of staff refuses to accept that he/she has a problem which, in the opinion of the University, has its cause in alcohol abuse, or is unwilling to follow the course of treatment recommended for him/her, or discontinues the recommended treatment, or there is a recurrence of lack of performance or misconduct, the matter should be brought to the attention of the Director of Human Resources for discussion of possible further action.  The Director of Human Resources maintains close contact with a professional counselling service which has experience of assisting University staff with such problems.

Certain levels of behaviour which may be prejudicial to the interests of others, eg students, colleagues or third parties, or to the work of the University, may be so serious that normal disciplinary procedures might have to be applied.  For certain categories of staff, the consumption of alcohol while on duty is regarded as gross misconduct; such a condition of employment is a contractual term made explicit at the time of appointment.

Any reversion of behaviour etc, which occurs following a substantial period of satisfactory performance, should be treated according to the particular circumstances of the case.

 Disciplinary Action - Drugs^[3]

The levels of misconduct and failure in performance which may result from drug abuse extend over a considerable range.  Where the University is aware that drug abuse may be a contributory factor, and where there is a willingness on behalf of the member of staff concerned to correct his/her situation, if possible the University will normally be willing to suspend the introduction of disciplinary procedures to allow treatment.  If a member of staff refuses to accept that he/she has a problem which, in the opinion of the University, has its cause in drug abuse, or is unwilling to follow the course of treatment recommended for him/her, or discontinues the recommended treatment, or there is a recurrence of lack of performance or misconduct, the matter should be brought to the attention of the Director of Human Resources for discussion of possible further action.  The Director of Human Resources maintains close contact with a professional counselling service which has experience of assisting University staff with such problems.

Where the University is aware that a criminal offence has taken place, it is obliged to inform the Police.

The unauthorised use or possession of dangerous drugs belonging to the University, will lead to disciplinary action.

The possession of prohibited substances, with an intention to supply to other members of staff, students, or other persons on University premises, will result in summary dismissal.

The theft of dangerous drugs from University stores, temporary experimental stocks, or elsewhere will result in summary dismissal.

The manufacture, or attempted manufacture, of dangerous drugs or other prohibited substances, using University materials, premises or equipment, will result in summary dismissal.

The receipt, or intended receipt, of prohibited substances from a supplier or through the post, other than in the performance of authorised duties, will result in summary dismissal.

All of the foregoing are, of course, subject to the due processes of the appropriate disciplinary and dismissals procedures.

 Confidentiality

All facilities and guidance provided by the University under this Code of Practice are arranged on the basis of confidentiality to the member of staff concerned by those involved.

 Agencies

The following local voluntary organisations are willing to offer assistance:

Alcoholics Anonymous                  North East Council on Addictions (NECA)     Narcotics Anonymous: National Helpline

Tel  0845 769 7555 Tel  (0191) 3866555 Tel  (0191) 2061100 Tel  (0300) 9991212

http://www.alcoholics-anonymous.org.uk/   www.neca.co.uk/   http://www.neena.org.uk/

 

Further copies of this document are available at http://www.dur.ac.uk/university.calendar/volumei/codes_of_practice/alcohol_and_drug_abuse/

Note: The phrase 'Head of Section' throughout this Code denotes the person responsible for a particular area of University activity, or any person acting form him/her. Confirmation of the appropriate person to apply this Code of Practice should be sought from HR.