Drugs & alcohol policy Who this policy applies to This statement sets out Skanska UK’s policy for minimising risk to its activities and operations. It applies to all Skanska UK employees and, where appropriate, others such as consultants, sub-contractors and agency workers working on a site under Skanska’s control. Policy statement At Skanska we are committed to ensuring the health and safety of our employees, those who work on our sites and those who are and may be affected by our works. One element of that commitment is to ensure that our employees and others, such as consultants, sub-contractors or agency workers, hereafter known as contractors and other third parties, are not placing themselves or others at risk by the misuse of drugs or alcohol. The purpose of this policy is to ensure that employees and contractors do not report for work in an unfit state by virtue of use of alcohol or drugs, including both illegal drugs, legal medication and legal highs (properly known as Novel Psychoactive Substances), nor consume or be in possession of alcohol, or any drug that may affect their ability to undertake their duties. Skanska is committed to creating an Injury-Free Environment (IFE) by fostering a culture of care and concern for people, which demands that everybody accepts responsibility for their own and others wellbeing. This policy forms part of that commitment. Skanska UK will assist with the rehabilitation of employees who voluntarily seek help for drug and alcohol related problems. Such individuals must, however, seek assistance at the earliest possible opportunity. Subsequent discovery, or a disclosure prompted by impending screening, will not be acceptable and will not provide immunity to an individual from consequential disciplinary action No employee or contractor will: report in an unfit state due to the use of drugs or alcohol be in possession of alcohol or drugs of abuse in the workplace or consume alcohol or use drugs during working hours. A programme of screening, including ‘For cause’, and random unannounced screening for all employees, has been put in place which includes procedures intended to: detect the use of drugs and/or alcohol by any person(s), employees and contractors alike, involved in a safety related incident where there is a possibility that the actions or omissions of the person(s) led to the incident detect the use of drugs and/or alcohol where employees or contractors behaviour prompts cause for concern detect, via random screening, employees or contractors who may be under the influence of drugs or alcohol. Skanska UK will not tolerate any departure from the requirements contained in either this policy or accompanying procedure and will regard any infringement, including where a member of staff refuses to be screened without good cause, as gross misconduct and will instigate appropriate disciplinary action. Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 1 Purpose The purpose of this procedure is to: ensure effective measures are in place to control and minimise the risks to Skanska UK caused by the effects of drugs and alcohol, in order to ensure the safety of Skanska UK’s clients, employees, and workers, sub-contractors and agency staff, henceforth known as contractors eliminate as far as is reasonably practical, the misuse/abuse of drugs and alcohol by employees and contractors working on behalf of Skanska UK ensure that Skanska UK complies with legislation and relevant Codes of practice and contractual requirements encourage employees who might have an alcohol or drugs dependency to declare the fact without fear of losing their job, provided they commit to complying with an agreed rehabilitation arrangements. Scope This procedure and supporting appendices applies to all employees and workers (via the terms of their contract and rules of engagement) working on behalf of Skanska UK during the course of their duties. Definitions The definitions for this policy can be found in Appendix A. Guidance They do apply to any off-duty member of staff who, for any reason, enters any Skanska UK premises that are not normally accessible to the public. This policy and supporting procedures does not apply to any off-duty member of staff who is within an area of Skanska UK premises accessible to the public. Communicating Skanska UK’s Drugs and alcohol policy is issued through the document control process and will be brought to the attention of all employees and contractors. the policy and procedure All prospective employees of Skanska UK, including internal applicants for positions where the post holder will be defined as a safety critical worker, will be made aware of Skanska UK’s policy regarding drugs and alcohol. See Appendix B for more information regarding roles that are considered safety critical by Skanska. Further guidance for these roles can be found within the EHS 022-G03 document in OWOW. All new employees will be provided with a full briefing on the policy regarding alcohol and drugs as part of their local induction. This includes the provision of educational material and the process for declaring a problem to their line manager. Line managers will conduct a suitable briefing, including issue of a guidance booklet, to all employees under their control and, thereafter, carry out as appropriate, regular refresher briefings on the policy and procedure as part of the safety briefing process. Voluntarily Seeking help Individuals seeking help for drugs and/or alcohol related problems Skanska UK will provide help and support to employees who voluntarily seek help for drugs and/or alcohol related problems. Such employees must, however, seek assistance at the earliest possible opportunity – subsequent discovery or disclosure Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 2 prompted by impending screening will not be accepted as a voluntary declaration and request for help and assistance. Individuals can voluntarily seek help and support by speaking directly with their line manager, their HR Business Partner or by contacting the nominated OU D&A contact (Appendix C). In all cases, the line manager and HR will be informed and involved as a means to providing an individually agreed level of support. The line manager will ensure that any safety critical work or rail related working licences, held by such individuals who have declared their dependency, are withdrawn to prevent the individual’s concerned from carrying out safety critical duties, until such time as the Occupational Health team advises the line manager that it is appropriate for them to do so. In such circumstances and thereafter, a regime of unannounced screening may be required to monitor the employee’s continued commitment to the rehabilitation programme put in place. Prescribed and over the counter medication Medication that could affect safety If a safety critical worker is taking legal medication (whether prescribed or not) that could affect their judgement, they must notify their line manager at the earliest opportunity. The line manager will determine whether or not the individual is fit to undertake safety critical duties, taking any necessary advice from Occupational Health concerning the possible side effects of the medication; for instance, drowsiness, fatigue, impact on co-ordination or balance. The declaration form (Appendix D) should be completed with any advice provided by Occupational Health and retained within the personal record. Where a safety critical worker is returning to work following any period of sickness, the line manager must establish, during the return to work interview, conducted prior to recommencing work, whether the employee is taking any medication that could affect their fitness for duty. Before allowing the safety critical worker to resume safety critical work, the line manager should consult Occupational Health for guidance and/or advice, if necessary. Random screening Unannounced random drugs and alcohol screening As part of its Drugs and alcohol policy, Skanska UK has developed arrangements to undertake unannounced drugs and alcohol screening of a random selection of all personnel (employees, contractors, visitors) on the site/project. The percentage of Skanska employees tested each year will not be less than 5%. The list of people on site on the day of testing will can be generated by the security logs. The arrangements for unannounced random screening are detailed in the flowchart and notes contained in Appendix E. Individuals who have undergone unannounced random screening and recorded a negative result will be allowed to continue to undertake safety critical duties, unless there are other and reasonable grounds to suspect that they are unfit for duty at the time of the screening, in which case a chain of custody urine sample will be passed to the laboratory for further analysis and they will be suspended from safety critical activities during the interim. Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 3 Guidance Where the reasonable grounds to suspect that the individual is unfit for duty, by virtue of being under the influence of alcohol or drugs, then they will inform the responsible manager or OU point of contact, in charge of facilitating the screening, who will determine whether the individual should be removed from duty. Where doubt does exist, concerning the employee’s fitness to work, then the line manager must seek advice from HR and where this is not possible e.g. during out of hours, then the individual should be suspended on contractual pay during the interim. ‘For cause’ screening ‘For cause’ screening Skanska UK’s arrangements for undertaking ‘For cause’ screening are detailed in Appendix F & G. Skanska UK has identified a number of incidents that, should they occur, will always be considered as reasonable grounds to conduct ‘For cause’ screening and these might include: where an individual’s behaviour gives reasonable cause to suspect that they are unfit to continue working as a consequence of the misuse of drugs and/or alcohol (behavioural), or it is essential to determine whether drugs and/or alcohol was a causal factor in an accident or incident (post-incident). The responsible manager in charge will arrange for the necessary screening to be undertaken (Appendix H). The responsible manager in charge must ensure, as far as is reasonably practicable, that: any employee or contractor commencing a turn of duty must be fit for work and not under the influence of drugs or alcohol that could impair his/her performance employees do not consume drugs or alcohol whilst at work that could impair their performance. Any employee who believes that another employee or contractor working on a Skanska UK site or premises is unfit for work, due to the effects of drugs and/or alcohol, has a duty of care to report the matter to the responsible manager in charge immediately. Results of screening Negative screening results If the results of a drug and alcohol screening test are ‘negative’ then the responsible manager in charge will normally arrange for the selected employee or contractor to return to work. However in the event of a negative drug screening but the individual’s appearance and/or conduct gives cause for concern then, a urine sample should, with the agreement of HR Business partner and/or line manager, be sent to the laboratory for testing for drugs not covered by the initial test. The responsible manager in charge will arrange for the selected employee or contractor to be suspended from duty, in accordance with the precautionary investigatory arrangements and, with Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 4 immediate effect, not allow the individual to take up their duties until the results of the laboratory confirmation test is known. If the responsible manager is concerned that despite receiving a negative result but may still have concerns that the employee may still be under the influence, then they should consider further testing. The responsible manager should contact Synergy Health in the first instance to discuss what additional tests might be required. This may require specific collection requirements and/or further costs. Non-negative drugs screening Non-negative screening results If the results of the urine drug screening test are ‘non negative’ but there are no other indicators that the employee is unfit for work due to the effects of drugs, then the responsible manager in charge needs to refer to Appendix I. The starting point for managing this employee and the associate safety risk is whether or not the employee/contractor is a safety critical worker? If the employee is not defined as being safety critical worker then in normal circumstances they can remain at work with the caveat they must not drive any company vehicles (including pool cars or motorised plant) and/or be present on a live project site and/or undertake any safety critical activities. These restrictions would stay in place until confirmation of results are returned from the laboratory. Employees do not need to be ‘suspended’ from duties pending the results. If the employee is a safety critical worker then Appendix I provides a potential alternative to suspending the worker pending confirmation of the screening results. It should be emphasised that such alternative arrangements are dependent upon the business capacity to suitably adjust the work/workplace. This will be a local decision through operational managers who are encouraged to seek advice/support of health and safety professionals and HR, where doubt exists. Positive breathalyser result for alcohol Appropriate arrangements should be made for the employee/contractor to be transported safely home, e.g. escorted, or in a taxi where there is no capacity to adjust the work activities if they have driven to work. Guidance The responsible manager in charge will also inform the individual’s line manager and ensure that any safety critical and/or working licences held by the individual are withdrawn and returned to the individual’s line manager or, in the case of a contractor returned to the employing organisation. If the result of the breathalyser screening for alcohol is positive, see below, then the person conducting the test will advise the line manager and HR Business Partner at the earliest opportunity. The line manager will arrange for the employee or contractor to be suspended from duty with immediate effect and ensure that safe and appropriate arrangements are made for the employee/contractor to safely travel home, e.g. escorted or in a taxi. Payment for the remainder of that shift will be unpaid, because the employee will be deemed to be in breach of their contract during the remainder of the shift, by Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 5 virtue of having failed the breathalyser and thereby being unfit to work. The failure by an employee or worker will be regarded as gross misconduct and the relevant HR Business Partner will assist the line manager in implementing the disciplinary procedures as appropriate. Alcohol limits 0.13 milligrams (mgs) of alcohol per litre of breath or 13 micrograms of alcohol per 100 mls/of breath. Guidance Any employee selected for screening, who refuses to undergo screening, will have their refusal regarded as a positive screening result and the appropriate disciplinary procedure will be initiated. If the result of the laboratory confirmation test is negative or consistent with declared medication, then the HR Business Partner will advise the line manager who will inform the individual that they are fit to return to return to work. If the result of the laboratory confirmation is positive and not consistent with declared medication, then the HR Business Partner will advise the line manager. Such a failure will be regarded as gross misconduct and the relevant HR Business Partner will assist the line manager in implementing the disciplinary procedures. All disciplinary measures must be undertaken in accordance with the Skanska UK’s Disciplinary procedure. Failing, or refusing to undergo, a drugs or alcohol screening will be treated as gross misconduct. If an employee or contractor provides a positive screening result, Skanska UK will, following a compliant disciplinary process, probably consider the individual as being not suitable for further employment and s/he will not be considered for future employment for a minimum period of five years. A candidate, who previously failed a drugs or alcohol screening, or refused to cooperate with a screening five years or more previously, will only be considered suitable for subsequent employment with Skanska UK if they agree to abide with an effective regime of individual screening implemented to ensure they do not have an on-going problem related to the systematic abuse of drugs and/or alcohol. Record keeping Human Resources will maintain records of screenings carried out for a minimum of five years from the date of screening. The responsible manager will ensure that the results of a positive screening for drugs and/or alcohol are provided to the relevant HR Business Partner for recording on an individual’s personal file. Monitoring and review The Director of Health and Safety will ensure that the results of screening are Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 6 regularly monitored to identify any trends that indicate changes in the level of drug and/or alcohol abuse. Guidance The results of drugs and alcohol screening are included in the health and safety performance report for Skanska UK. In the event of any adverse trends being identified, the Director of Health and Safety will highlight the issue to the Health and Safety Steering Group, which will determine an appropriate course of action. The Director of Health and Safety will make arrangements for periodic audits to ensure that the requirements of the Drugs and alcohol policy and supporting procedures are being complied with at an OU level. The Director of Health and Safety will periodically review this policy to take account of the results of trend analysis and audit in order to prevent or eliminate any increase in risk resulting from failure to effectively implement the policy and/or supporting procedures References and related documents Appendices Appendix A Definitions Appendix B Safety critical worker roles Appendix C OU nominated D&A contacts Appendix D Self-declaration medication form Appendix E Random testing flow chart Appendix F With cause testing flow chart Appendix G Procedure for monitoring an employee Appendix H Incident form and IM SAFE checklist Appendix I Decision logic to manage non-negative results Appendix J FAQ Related procedures Disciplinary Procedures EHS 022-G03 Guidance regarding definition and health assessment requirement of safety critical workers Resources Drugs and alcohol communication leaflet. European Workplace Drug Testing Guidelines. http://www.ewdts.org/ewdts-guidelines.html Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 7 Appendix A Definitions of terms: ‘For cause’ screening In situations where an individual’s behaviour, either immediately prior to starting work, or whilst at work, or in any non-public area of Skanska UK premises, gives reasonable cause to suspect that they are under the influence of alcohol and/or drugs (behavioural). Guidance Symptoms that will give grounds for behavioural screening include the smell of alcohol on the breath, glazed eyes, vacant expression, lack of concentration, unsteadiness when standing or walking, slurred speech inconsistent with normal circumstances, etc. Use the IM SAFE checklist which can be found embedded within the Incident Form (Appendix H). Post incident screening To determine whether drugs or alcohol was a causal factor in an accident or incident (post-incident). Guidance Post-incident screening may be undertaken following accident, serious incident or a near miss, and not necessarily just those involving safety critical activities. Non negative result A urine test that is administered and results in traces of substances, that could be relevant to prescription or over the counter medicines but could also be the result of illegal substance use. All non-negative results will be subject to further laboratory analysis. Chain of custody A process specifically designed to maintain and document an audit trail for a sample provided for analysis of the possible presence of drugs, in order to safeguard the identity and integrity of the sample from collection through to reporting of the test results, leading to the production of a legally defensible report. Drugs Any controlled drug as defined in the Misuse of Drugs Act 1971 or any other substance that could affect a person’s ability to carry out their duties safely. Guidance This includes medication either prescribed by a medical practitioner or purchased Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 8 over the counter. Irrespective of any changes in legislation which may decriminalise the use of drugs, such as cannabis, marijuana etc, for personal use, any such changes will have no effect on the application of Skanska UK’s Drugs and alcohol policy and procedure. In order to meet compliance with appropriate legislation, all drugs which can affect a person’s ability and judgement to ensure the safety of clients, public or workforce will be covered by the policy. Legal highs or Novel Psychoactive Substances (NPS) A legal high is a non-prescribed substance that is not defined under the misuse of drugs act or licenced by the MHRA and is not licensed for human consumption in the UK. Such substances can however, have the same undesirable effects as illegal drugs and must be treated in the same manner. Line manager The manager to whom the employee subject to screening reports within the organisational structure. Responsible manager in charge The manager with the responsibility for the location/site where screening for drugs and alcohol is required. Positive screening result For the purpose of this procedure, this means that screening for drugs or alcohol shows: the presence of drugs for which there is no legitimate medical need for either their use of the quantity of their use or 0.13 milligrams (mgs) of alcohol per litre of breath or 13 micrograms of alcohol per 100 mls/of breath. the presence of drugs is defined by the European Workplace Drug Testing guidelines. Where drugs are not defined in these guidelines, then current best practice will be used a refusal to undergo screening for drugs or alcohol, where required by this procedure, will be treated as a positive screening result. Due to Skanska UK operating on Network Rail and London Underground sites, the company is obliged to comply with a lower threshold of tolerance than has previously been demanded in other parts of our business. Therefore, for consistency and fairness across the Skanska UK business unit we will apply the more demanding thresholds for alcohol tolerance. Safety critical work Any activity falling within the definition of a safety critical worker as defined within EHS22-03 Guidance regarding definition and health assessment requirement of safety critical workers and, in regard to Skanska UK’s rail operations, by Part 4 of the Railways and Other Guided Transport System (Safety) regulations 2006. A list of safety critical roles can be found in Appendix B. Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 9 More information regarding these roles can be found in EHS022-G03 A-L M-Z Commercial divers Confined space workers Crane co-ordinators Crane operator Crane supervisors Demolition workers HGV driver High speed road workers High voltage (HV) appointed persons LGV driver Low voltage (LV) appointed persons Mechanical appointed persons MEWP operators Piling rig attendants Plant operators Rail trackside SCBA or compressed air users Signaller Slinger Tunnellers Vehicle marshalls Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 10 Appendix C Nominated OU drugs and alcohol contact The requirement of this role is to: provide interpretation to employees, managers and management team on D&A policy and procedure provide the link between Synergy Health and the OU facilitate the random D&A testing according to the criteria (which will be 5%) maintain a contemporaneous database with all tests completed and results. Corporate Name: Emily Henderson, Project EHS Manager Email: [email protected] Telephone: 07876 871853 Cementation Name: Claire-Louise Lipinski, Health & Safety Manager Email: [email protected] Telephone: 07967 132217 Civil Engineering Name: Richard Hemingway, Senior Health & Safety Manager Email: [email protected] Telephone: 07768 235638 Construction – Central & Regions Name: Nick Wing, Senior Health & Safety Manager Email: [email protected] Telephone: 07794 375108 Construction – London & South East Name: Darran Sly, Senior Health & Safety Manager Email: [email protected] Telephone: 07814 973875 Facilities Services Name: Eileen Roddis, Senior Health & Safety Manager Email: [email protected] Telephone: 07792 266057 Infrastructure Services Name: Jenny Stevens, CSC Manager Email: [email protected] Telephone: 07834 507498 SRW Name: Craig Murdoch, Health & Safety Manager Email: [email protected] Telephone: 07970 883248 Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 11 Utilities Services Name: Paul Thompson, SHEQ Manager Email: [email protected] Telephone: 07854 712175 Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 12 Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 13 4.01 OU H&S Partner 4.02 Use site security log/HR Data team, on request Determine annual schedule for the 5% random screening compliance with Skanska’s policy Candidates, including reserves, for testing identified. Provider generates the randomness using a formula 4.03 OU H&S partner Site collector or visit by Synergy arranged as appropriate 4.04 Responsible Manager Site collector or synergy’s collection officer arrives on site and meets with responsible manager in charge 4.05 Responsible Manager Suitable WCs made available to conduct screening 4.06 Site management 4.07 Collection officer Candidates to be screened are made available to collector/synergy collection officer, including reserves, if necessary 4.08 Responsible manager Yes ? No Employee suspended for remainder of shift and HR advised re disciplinary action 4.09 Resourcing partner Initial screening result - positive/negative ? 4.10 Resourcing partner Negative 4.11 Line manager in Colla-boration with HR Employee informed of result and returns to work Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Non negative/positive Employee is suspended pending confirmation of result from laboratory Last review: May 2016 Page 14 5.01 Line manager 5.02 Line manager 5.03 Line manager Grounds exist to suspect employee may be under the influence of alcohol or drugs Arrangements made to conduct a screening ASAP Employee quarantined pending arrival of collection officer (refer to appendix G) 5.04 Responsible manager Collection officer arrives on site and meets with responsible manager in charge 5.05 Responsible Manager Suitable WCs made available to conduct screening 5.06 Line manager Employee advised of reason for screening Employee undertakes screening process? 5.07 Line manager No ? Yes Employee suspended for remainder of shift and HR advised re disciplinary action 5.08 Resourcing partner Initial screening result - positive/negative? Negative 5.09 Resourcing Partner Non negative/positive Employee informed of result & returns to work Employee is suspended pending confirmation of result from laboratory 5.10 Line manager in collaboration with HR Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 15 Appendix G Procedure for monitoring an employee/ contractor donor whilst waiting for a collection officer to be present When an employee or contractor has been identified as requiring a drug and/or alcohol test it is important that measures are taken to monitor this person until the collection officer arrives and can take control. The employee/contractor should be taken to a room/environment where they can physically be seen/supervised by a member of staff in a senior position. If the employee/contractor makes a request to empty his/her bladder then reasonable timings should be taken into consideration. It is acceptable to request that the individual abstains from carrying out this function if the collector is due to attend site within 20 minutes, although if the donor persists then the request should not be denied. Any further time delays would not be deemed reasonable for refusal. If the individual makes a request for a cigarette break, then reasonable timings should be taken into consideration as above. The request cannot be denied but the donor should be accompanied at all times and follow the company’s No Smoking policy. The individual will be requested to sign a declaration to confirm that he/she has not smoked for at least 20 minutes prior to the test as part of the breath testing collection process. It is also important to ensure that the ingestion of liquids and/or food stuffs is controlled whilst the donor awaits a collector to arrive on site. If the individual insists that they must have a drink of water or something to eat, the following restrictions apply and all information must be recorded: no more than 1 x 300ml bottle of sealed water – the brand name, lot number and expiry date must be logged no more than 1 x glass of water from a water cooler – this MUST be witnessed by a responsible manager and recorded food should be given to the donor from a reliable source, preferably pre-packed – the brand name, type of food, amount of food and expiry date must be logged. Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 16 This form must be completed in full if the employee/contractor ingests any liquids and/or food stuff whilst awaiting the arrival of a collection officer for a drug and/or alcohol test. Employee /contractor declaration I declare that I have ingested the following liquids and/or food stuffs provided to me by the company representative as outlined in the company Substance Misuse Policy. Brand of water: Brand/type of food: Lot no: Lot no: Expiry date: Expiry date: Amount: Amount: To be signed in the presence of a witness Employee Name: Date: Signed: Company representative Name: Date: Signed: Witness Name: Date: Signed: Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 17 Record of the assessment of a situation where an employee is and suspected of and reported for being under the influence of drugs and/or alcohol at work. Employee name: Date of birth: Job title: Site: Incident reporter: Job title: Reason for the report (what has happened? what has been observed?): Signature of incident reporter: Date: Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Time: Last review: May 2016 Page 18 Manager’s assessment of the situation The above named employee has been reported to me as outlined above and I have made the following assessment Review the I’M SAFE checklist to assess if the employee is displaying any of the following signs: There is evidence of alcohol use at work (brief detail) (e.g. empty/half full bottles found at workplace) Yes/no Drug paraphernalia has been found at the workplace (provide details of what was found and where) Yes/no The incident was reported to: Name: Job title: Date: Time: Action taken by manager: Has an alcohol breath test been carried out? Yes/no Result: Has a drugs screening test been carried out? Yes/no Result: Manager’s signature: Manager’s name: Date: Time: Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 19 Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 20 Appendix I Decision logic for managing non-negative results No Is the employee/contractor a SCW? Leave in role ensuring they do not go to live projects or undertake any safety critical activities until lab results returned Can the role be adjusted so not undertaking SCW activities? Yes: accommodate and leave in role Can the role be adjusted so not undertaking SCW activities? No – stand down /remove from role until results confirmed from laboratory Yes Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 21 Appendix J FAQ for Drugs and alcohol policy 1 How are people selected for unannounced random testing? Prior to the collection officer arriving on site, s/he will obtain a list from the all personnel on site on the day of testing from the security logs and people will be randomly selected to be tested. 2 Is the employee required to give permission for a D&A test? Yes. However, the employee should be made aware that a refusal to be screened will be regarded as an unreasonable response and treated as a failed test result. Such an outcome constitutes gross misconduct and is subject to disciplinary action that may lead to dismissal. 3 Why is it necessary to randomly screen employees and contractors when there are no obvious grounds to suspect the use of drugs, or an alcohol dependency? There is clear statistical evidence to suggest that workers attend work under the influence of alcohol and drugs. What should I do if I am taking prescribed medication but wish to attend for work? In the first instance you should either advise your GP of your job role and any relevant circumstances pertaining to operating plant and equipment or operating in a potentially dangerous environment, e.g. near railway lines. The GP can then decide whether it is appropriate for you to work normally, or recommend alternative arrangements. In the case of you taking over the counter medication, then you should carefully read the directions for use. See Appendix D. In either case you must notify your line manager before starting duty of the medication involved, so that s/he may seek advice from Occupational Health before allowing you to work. 4 Skanska is committed to maintaining the safest possible work environment and to attaining a level of zero accidents. By applying every reasonable measure to ensure that employees and contractors attend work in a fit state is one of many ways for ensuring the achievement of this objective. This requirement is particularly relevant where the job holder works in a safety critical role, or environment. 5 If I am receiving support as a consequence of declaring that I have an alcohol or drugs related problem, will I be subjected to on-going screenings? Yes. The support offered will be reliant upon you accepting appropriate professional help and is conditional upon you adhering to the guidance offered. Attending work whilst under the influence of either alcohol or drugs will be considered as gross misconduct and will inevitably lead to disciplinary action and probable dismissal. To ensure you are complying with the arrangements under which support is provided, you be subjected to a regular regime of screening, until it considered that you are no longer present a risk to yourself and others. Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 22 6 If I consume a few drinks, the night before starting an early turn, is there a risk that I may be over the limit when arriving at work? Yes there is. Depending on a number of factors alcohol can stay in your system for a significant period. As a rough guide, it takes a healthy liver in an average male about one hour to break down a single unit of alcohol. For an average female, it takes one and a half hours to dissipate the same amount of alcohol. 7 If an individual takes recreational drugs, such as cannabis, whilst on vacation is there any possibility that the substance could be detected several days later s/he resumes work? As with alcohol, there are many factors that determine the period of time drugs can remain present in the body. Some drugs, including cannabis, can be detected weeks after consumption and therefore a random screening conducted in such circumstances could easily achieve a positive result. 8 If I am taking prescribed, or over the counter medication and I am selected for a random screening, is it possible that I will provide a non-negative (positive) screening result? This is possible. If your result indicate a non-negative results you will be asked about any medications you are taking. Any results that is non negative will require further laboratory analysis and therefore the collection officer will ensure this information about your medication is noted with the sample. Better still advise your manager of any medication you are taking so that an assessment of risk can be conducted. Taking more than prescribed can affect performance and may be regarded as a mis-use or abuse. 9 Will I be able to continue working whilst the business is waiting for the laboratory results are returned? This depends on whether your role or activities are classified as safety critical. In the interests of health and safety the default position will be to remove an employee from performing a safety critical role, or being in a live operational environment, or driving a vehicle, pending confirmation of the screening results. However, there are situations that will allow a safety critical worker to continue working, pending receipt of the test results, and these are referred to in page 5 of the procedure and Appendix I. 10 What will happen if the result of the laboratory test is positive? In such circumstances, it will be regarded as gross misconduct and you be suspended from duty immediately and be liable to disciplinary action that you could result in your employment being terminated. 11 How will I know that my sample that is sent for analysis is not compromised? A process known as ‘chain of custody’ applies that ensures samples are clearly identifiable with the actual donor. It also provides an audit trail for the sample sent for analysis in order to safeguard its identity and integrity from collection through to reporting of the test results. The process is auditable to ensure compliance are compliant with leading to the production of a legally defensible report. The laboratory will hold your sample for upto 1 year in case of dispute or wish to organise independent testing at your own cost. 12 Under what circumstances might a manager instigate a ‘For cause’ screening for an employee? Where an employee or contractor is suspected of being under the influence of alcohol or drugs in the workplace, or in unauthorised possession of such items, then the manager will arrange for the screening agency to be called and for the individual to be properly quarantined pending their arrival. 13 Where a screening is due to See Appendix G. It should not be ignored that many recreational drugs are illegal and there is a significant risk of prosecution if such substances are consumed whilst at work. Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 23 take place, for reasons of cause, what actions need to be complied with whilst waiting for the testing agency? Drugs and alcohol policy Date of issue: September 2015 Effective date: 1 October 2015 Last review: May 2016 Page 24
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