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Employee Handbook

Policy 16: Drug, Alcohol and Substance Misuse Policy

1. Policy statement

Simplyfruit (Ire) Limited is committed to providing a safe and productive work environment and to promoting the health, safety and well-being of our employees. The Drug, Alcohol and Substance Misuse Policy is designed to ensure that employees are aware of the risks associated with misuse and the consequences, including legal implications, of their actions.

2. Policy Aims

This policy aims to:

  • raise awareness of all employees to the risks and potential harm associated with the use of intoxicating substances;
  • set out rules regarding the use of intoxicating substances so that employees are aware of the likely consequences for their employment of misusing them;
  • create a climate that encourages employees who may be misusing drugs or alcohol to come forward and seek help;
  • provide a framework to enable instances of substance misuse to be handled in an appropriate, fair and consistent manner;
  • achieve a balance between supporting employees and the overriding need to preserve:
  • the health, safety and welfare of employees and others with whom they come into contact;
  • the delivery of a high-quality fun, happy and safe experience to our customers;
  • the company reputation and brand name.

3. Scope

The policy applies to all employees. casual workers, consultants, and others working within the company are also expected to comply – failure to do so is likely to result in the working arrangements being terminated.

This policy covers the use and misuse of substances which include: alcohol, solvents, legal and illegal drugs, psychoactive substances, prescription and over-the-counter medicines, and other substances that could adversely affect work performance and/or health and safety.

Alcohol/drug related problems in the context of this policy are defined as any drinking, either intermittent or continual, or use of non-prescribed drugs which interferes with an employee’s work performance i.e. efficiency, productivity, safety or attendance at work.

4. Is It My Concern?

Yes. The possession of some drugs is illegal, exposing the misuser to the risk of criminal charges as well as causing harm to their own health and, through their actions, to other people and the environment. It is possible that in certain circumstances charges may be brought against an employee or employer under the Misuse of Drugs Act or the Health & Safety at Work Act, or Psychoactive Substances Act.

  • Management Responsibilities

Managers should ensure that employees understand the policy and are aware of the support that is available. They should be aware of the signs of alcohol and substance misuse and the effects on performance, attendance and health of employees. They should instigate disciplinary measures where appropriate to do so. They should also provide support and assistance where appropriate and for a reasonable period to aid recovery and treat all employees who seek assistance with sensitivity and confidentiality.

  • Employee Responsibilities

All employees are required to familiarise themselves with this policy and comply with its provisions. Each employee has a personal responsibility to adopt a responsible attitude towards drinking and taking prescribed and over-the-counter drugs. Employees should seek help and should approach either their manager in the first instance if they have concerns regarding alcohol or drug consumption. Where support or assistance is provided by the company to address an alcohol or drug misuse problem, employees are expected to co-operate fully.

Where an employee does not wish to come forward to seek help, and colleagues genuinely suspect that he/she may be misusing drugs or alcohol, they have a responsibility to raise their concerns with the employee’s manager. No-one should, even with the best of motives, ‘cover up’ for, or collude with, a colleague with an alcohol or drug-related problem but should instead encourage that person to seek help.

  • At Work

You must:

  • report for work, and remain throughout the working day, in a fit and safe condition to undertake your duties and not be under the influence of alcohol or drugs.
  • not consume alcohol or drugs at any time while at work. Exceptions apply to drugs prescribed by a doctor or over-the-counter medicines used for their intended purpose and where they do not pose a risk to your own safety or the safety of others. (This restriction does not apply to work-related functions [where alcohol is available] or activities that take place at the end of a working day after which you are not returning to work).
  • notify your manager immediately if you are prescribed medication or plan to take over-the-counter medicines that may cause side effects and impair your ability to undertake normal duties safely and effectively. This is particularly important where your own personal safety or the safety of others may be jeopardised, for example, work involving equipment including electrical equipment.
  • notify your manager immediately if you experience side effects as a result of taking prescribed or over-the-counter medicines that impair your ability to perform your duties safely and satisfactorily,
  • disclose the impact/side effects of medication, but you are not obliged to disclose the actual medical condition being treated nor the medication.
  • Outside Work

Intoxicating substances such as alcohol affect people differently and may remain in the system for some time. Even small amounts can impair performance and jeopardise safety. You are personally responsible for allowing sufficient time for the intoxicating substance to leave your system before you are required to report for work in accordance with your contract of employment.

  • Breaches of Policy
  • The company will, where appropriate to do so, adopt a constructive and supportive approach when dealing with employees who may be experiencing drug or alcohol dependency/addiction.
  • This means that employees seeking assistance for a substance misuse problem will not have their employment terminated simply because of their dependence/addiction.
  • However, if performance, attendance or behaviour is unacceptable, despite any support and assistance that can be offered, ultimately dismissal may be unavoidable.
  • Breaches of policy, whether dependency-related or not, will be treated as a disciplinary matter and may result in the summary dismissal of an employee.
  • Examples of issues that will be subject to disciplinary action, including the possibility of dismissal, are:
  • deliberate disregard for personal and customer safety and that of others associated with the use of intoxicating substances;
  • unacceptable behaviour at work associated with the use of intoxicating substances;
  • being found incapable of performing normal duties satisfactorily and safely as a result of consuming alcohol or taking drugs;
  • consuming intoxicating substances during the working day, including breaks;
  • being disqualified from driving as a result of alcohol or drug-related offences (applies to employees required in their job description/contract of employment to drive a company vehicle);
  • making malicious or vexatious allegations that a colleague is misusing intoxicating substances.

These are examples only and should not be regarded as exclusive or exhaustive. Disciplinary action will be in all cases proportionate to the circumstances of the breach of the policy.

The following incidents are considered to be serious offences warranting dismissal, subject to the disciplinary procedure and a full investigation:

  • possessing, using, storing or selling illegal drugs in the workplace
  • possessing, using, storing or selling illegal drugs in accommodation provided and paid for by your employer
  • possessing or using controlled drugs not prescribed for you by a doctor
  • storing or selling controlled drugs in the workplace
  • being convicted of any criminal offence connected with drugs, regardless of whether the offence took place inside or outside the workplace.

Where evidence warrants, the company will inform the police of illegal drug use or any activity or behaviour over which there are concerns as to its legality. For example, it would be necessary to report criminal behaviour such as possessing, using or selling illegal drugs in the workplace.

  • Support

All problems concerning drug and alcohol misuse will be treated in strictest confidence.

Employees with drug/alcohol problems are encouraged to seek help voluntarily by confiding in their line management.

When it becomes evident that an employee has a drug/drink problem affecting conduct at work or work performance, that employee may be immediately suspended pending a meeting with a Director or their designated authority. As a result of this meeting, and following a full investigation, the employee may be referred to an external Occupational Health Physician or Nurse for help and advice or disciplined as appropriate.

Should an employee deny the existence of a drug/alcohol misuse problem or discontinue a course of treatment and then revert to previous unsatisfactory levels of conduct or performance, the matter will be dealt with under the company Disciplinary Policy and Procedure.

Intoxicating substances can affect the brain and the body in a number of ways and can affect your health and wellbeing. Misuse can alter the way a person thinks, perceives and feels, and this can lead to either impaired judgement or concentration. Employees are strongly advised to seek help in tackling drug and alcohol misuse at work.

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