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4. National union guidance on drugs and alcohol at work
TUC guidance
The TUC’s Drunk or disordered guide (2001) and the more recent Hazards at Work: Organising for safe and healthy workplaces (2007) provide useful advice on drugs and alcohol in the workplace.
The TUC argues that employers should introduce a comprehensive, planned drug and alcohol policy covering the whole of the workforce. The guide calls on employers to:
• recognise that alcohol/drug misuse is a health problem;
• prevent drug/alcohol misuse by developing awareness programmes;
• identify employees with a problem at an early stage; and
• provide assistance to employees with drug/alcohol related problems.
The guide outlines important principles that union reps should bear in mind when dealing with the issues:
• the lifestyle imposed by a person’s job may greatly increase the risk of alcohol or drug abuse;
• stress may be a contributory factor;
• if the problem is ignored, eventually the person’s job will be at risk; and
• substance misusers can be a hazard to themselves and others in the workplace.
The guide includes a useful checklist for union reps negotiating policies (see box on page 30) and argues that “trade unionists should see that effective policies are pursued at work, both to prevent substance abuse and to help those who may have become dependent on alcohol or drugs.”
TUC — Drugs and alcohol policy at work
The TUC’s Drunk or disordered guide suggests that a workplace alcohol and drugs policy should include the following:
Scope — the policy should apply to all, including top managers.
Participation — wherever possible this should be voluntary, with job security not prejudiced and rehabilitation a central element.
The programme — should include prevention, identification, treatment and rehabilitation.
Training — the policy should include a programme on the prevention of alcohol and drug related problems in the workplace through information, education and training.
Referrals — referrals may be made by the individual worker who considers he or she may have a problem, by management or by a supervisor, by family members, a colleague or trade union representative. The employer may refer the worker for medical examination or assessment by a qualified professional who will advise the worker if treatment is needed.
Reintegration — this should describe the duties and responsibilities of the individual during and after treatment.
Review — this needs to be at regular intervals, to help refine and improve the programme.
Confidentiality — participation in the programme and information arising from that participation should remain strictly confidential.
Assistance — the policy must make clear that the procedures for assisting employees with substance misuse related problems are separate from the disciplinary procedure.
Discipline — the policy should say at what stage or in what circumstances the disciplinary procedures will be invoked, for example if an individual with a drug or alcohol related problem refuses assistance, denies the problem, or discontinues a course of treatment and reverts to unsatisfactory levels of performance and conduct.
Safety critical jobs — it should be agreed which tasks are “safety critical,” so being under the influence of drugs or alcohol becomes an immediate disciplinary offence.
More information: TUC, Drunk or disordered, is available price £4.75 (to union members) from TUC Publications, TUC, Hazards at work: Organising for safe and healthy workplaces, Chapter 26, Drugs and alcohol, www.tuc.org.uk/h_and_s/drugsandalcohol.cfm, Drugs and alcohol: Working out a sensible drugs and alcohol policy, Hazards 77, January-March 2002, www.hazards.org/haz77/drugsandalcohol.pdf
National union guidance
Many individual unions have produced useful guidance on drugs and alcohol policies, which union reps can use as a template for their own negotiations — whether this is devising a new policy with their employer or updating an existing policy. The model drug and alcohol policy below is adapted from the Unite general union and indicates some of the key issues to focus on:
Unite: Model drug and alcohol policy
Introduction
[Employer] and [Union] have agreed the need for a drug and alcohol policy which applies to all employees irrespective of status. Its objective is to ensure employees receive training and information on sensible drinking and drug awareness. The aim is to encourage those with drug or alcohol-related problems to seek the support of medical advice and counselling by an outside agency.
General principle
[Employer] and [Union] recognise that drug or alcohol abuse at its various levels is a health problem requiring sympathetic help and special treatment. It is the aim of this policy to provide this.
Organisation
[…] is the Director with responsibility for implementation of this policy.
[…] will be responsible for advice on suitable outside agencies and counsellors.
[…] will be responsible for implementing a training programme. The names of external drug and alcohol counsellors and how they can be contacted will be posted on notice boards. All such counsellors will be made aware of this policy on drugs and alcohol.
Arrangements
Information
Every employee will be given a summary of the main points of this policy, and anyone with a drug or alcohol-related problem will be encouraged to seek counselling. A training session and leaflets on sensible drinking and drug awareness will be provided and repeated periodically.
Removal of stress
It is accepted that stress at work can contribute to drug or alcohol abuse. We are therefore committed to identifying and reducing workplace stress factors.
Reducing opportunity to drink at work
Research shows quite clearly that some jobs involve a much higher risk of alcohol abuse than others. The social pressure to drink can be stronger in some working communities. Irregular hours, travel and separation from the family, and the strain of a heavy workload are just some of the common job-related causes of alcohol abuse.
The [Employer] and [Union] recognise that such problems, coupled with the opportunity to drink at work, creates a hazard. Therefore, alcohol will not be available on company premises during working hours. This will apply throughout the company, at all levels, without exception. Also at any social functions organised by the company or union, among the beverages provided, there will always be non-alcoholic drinks available.
Solvent abuse at work
Where problems involve the deliberate or unintentional abuse of solvents, whether or not used in the workplace, the person concerned will be covered by this policy. Where abused solvents are specifically work-related, the employer will ensure that the use of solvents has been subject to the provisions of the Control Of Substances Hazardous to Health Regulations, that the risks involved have been assessed and that measures have been taken to reduce all exposures to solvents to the lowest that is reasonably practicable.
Prescribed drugs
Where problems involve the deliberate or unintentional abuse of prescribed drugs, the person concerned will be covered by this policy.
Confidentiality
The company undertakes to ensure that any counselling is strictly confidential, and that any records compiled by a counsellor will be treated as the individual property of that counsellor. No discussions about an employee will take place between the company and the counsellor without the written permission of the person concerned. All employees will have the right to be represented by their union representative in any meeting with the company if they so wish. If an employee gives their written consent, then their union official will be kept informed at all stages of the treatment.
Job security
The company accepts that job security will be maintained for any employee participating in treatment and/or counselling in an attempt to deal with drug or alcohol abuse.
Where an employee has to be away from work to undergo treatment, their job will be held open in accordance with normal sickness procedures. However, it has to be accepted that, in the long-term, job security must depend on work returning to an acceptable level. Advice will be sought and consideration given as to whether the person’s original job would be consistent with maintaining recovery. The employee’s pension rights will be protected during treatment and counselling.
Disciplinary procedures
Drug or alcohol abuse will not in itself constitute grounds for dismissal, unless the person’s action or performance reaches an unacceptable level. Such cases will be dealt with under normal disciplinary procedures with the employee’s appropriate union representative being involved at all stages.
Where an employee is referred for treatment under this policy, any disciplinary procedures associated with drug or alcohol abuse will be suspended and remain so for the duration of the treatment.
Where an employee with a drug or alcohol-related problem is able to continue to perform his/her duties while undergoing treatment, adequate time off for treatment will be allowed.
Relapses will be referred to the independent counsellor for assessment, and consideration given to further job protection.
Treatment and advice
Any employee with a drug or alcohol-related problem is encouraged to seek guidance and assistance from the recommended local counselling agency.
Where indicators, such as poor work performance, absenteeism, poor health or deteriorating behaviour, indicate a possible problem, employees will be advised to refer themselves for confidential counselling and advice. Paid time off for counselling and treatment will be allowed in accordance with the normal sick pay scheme. Refusal of treatment will not in itself be grounds for discipline, unless an employee’s action or performance reaches an unacceptable level. Such a case would then be dealt with under normal procedures, with the involvement of the appropriate union representative at all stages.
Testing
The company agrees that there will be no random or company-wide drug or alcohol testing. Any proposals to introduce testing will be discussed in detail between the employer and the union, in the light of the practical, legal, industrial relations and ethical implications. Proposals for testing will be subject to the union policy on Medical Examinations and Health Surveillance. This requires: written justification for the tests; description of test procedures and their verification/effectiveness; stating of standards to be reached; the consequences of failing the test; safeguards on continuity of employment; verification of the qualifications of the testers; and medical confidentiality of results.
If testing procedures are agreed, they must only be enacted on suspicion based on specific personal observations that the person concerned is under the influence of drugs or alcohol. Tests will be at the expense of the company.
Any person testing positive shall have the right to challenge the results and obtain an independent analysis of the sample. Any person testing positive, who accepts the results, will be referred for treatment and advice in accordance with the rest of this policy.
More information: Unite model policy, www.amicustheunion.org/pdf/26Drugsandalcohol.pdf
Other unions have also produced checklists and templates on drugs and alcohol. Public services union UNISON has produced an information sheet, which is available on its website and the UCU lecturers’ union has a useful 10-point checklist on alcohol.
More information: UNISON, Health and Safety Information Sheet, Drug and alcohol abuse, www.unison.org.uk/acrobat/B976.pdf, UCU guidance on alcohol is at www.ucu.org.uk/media/docs/b/6/hs10point_alcohol.doc
General union GMB also has its own guidance on drugs and alcohol, and has negotiated national agreements with particular firms. Its guidance emphasises some significant concerns, which are highlighted to inform reps when they are negotiating.
“The GMB is concerned about the link between work conditions and increased alcohol or drug use. Work related stress, be it as a result of a violent incident, bullying, heavy workloads or long working hours, can lead some individuals becoming increasingly dependent on drugs or alcohol. In addition, jobs which mean working away from the family in relative isolation can lead to an increased reliance on alcohol. Some workers working long shifts or doing two jobs have to rely on illegal stimulants e.g. amphetamines to get through the day or night. It is vital that any workplace action on drugs and alcohol also addresses these factors.”
Non Inclusive Policies “Some workplaces have tried to introduce drug and alcohol policies, including a ban on alcohol for only certain levels of employees with the exclusion of management grades. Policies must be all inclusive and across the board which means including managers and senior executives. There may be certain instances where testing policies vary i.e. testing is carried out on certain safety critical grades and not others.”
Testing “Many employers are trying to introduce testing without a framework policy or safeguards. Whilst the GMB does not oppose testing per se, there are many instances where testing is unnecessary. Where testing has to be introduced it should be part of an integrated framework policy and carried out under strict controls.”
Disciplinary Action “Some employers will go down the disciplinary route without first considering support and treatment for workers with problems; this is simply unacceptable. When a policy is first being introduced there should be an education programme for managers and Trade Union Representatives which points to the signs and symptoms of problem drinking or drug use and how to encourage someone to seek support. Employees should also be given training and awareness on the issue and where/how to get help. Denial can be common in cases of addiction so awareness, information and access to confidential support/advice are vital if disciplinary action is to be avoided. Disciplinary action should only be used as a last resort when someone consistently refuses to take up support or treatment. Disciplinary action must be consistent.”
Peer Intervention Programmes (PIP)
Internationally, unions have developed an effective strategy for tackling drug and alcohol misuse — known as “member assistance programmes” or “peer intervention programmes.”
These schemes were first devised in the United States and work on the assumption that unions can provide education, constructive intervention and access to treatment in an environment that does not threaten the worker. The approach has been adopted successfully elsewhere — for example, by construction unions in Australia and by the Canadian autoworkers’ union CAW.
In the UK, the British Airline Pilots’ Association (Balpa) advocates a similar approach. Balpa says that the US scheme, which is government funded, has successfully rehabilitated over 1,500 pilots since it was introduced in the 1970s. This is in sharp contrast to the handful of flight crew detected by random testing, introduced in 1991 in the US.
Balpa has produced a policy with principles and guidelines. The preamble states:
“This Policy seeks to ensure that the best conditions are presented to detect and rehabilitate those few pilots, who through lifestyle events suffer problematic use of alcohol or other substances. The ‘Peer Intervention Programme’ [PIP] that we advocate has been proven to work and in addition would have the support and commitment of staff. It encourages a culture of openness about dependency problems, and a willingness to confront issues, which can remain hidden within a punitive approach. The effectiveness of a proactive Peer Intervention approach of prevention and rehabilitation is clearly superior to the random testing, which is solely based upon identification and punishment. What’s more, it has helped people with a severe and debilitating illness back into productive employment, and recovered their lives and hopes as well. It has protected the flying public and colleagues alike. By contrast random testing, however, superficially attractive is the least effective method for detecting alcoholism problems among flight crew. Both the costs and the problems of administering such a scheme are difficult to justify, when weighed against the undoubted success of the Peer Intervention approach.”
Balpa challenges the conventional wisdom about random drug testing, arguing that testing is often unreliable — with substances such as alcohol processed out of an individual’s body fairly rapidly. It points out that in the normal progression of dependency; the workplace is generally the last part of the employee’s life to be affected by alcohol use. “Therefore, by the time the employee’s use of alcohol is likely to be detected on a random test, the employee has probably become too dependent to be deterred by the existence of a random programme.” The union also highlights the costs involved in random testing.
Instead it puts forward a coherent scheme of peer support (see box). Balpa argues that peer intervention “is based on the assumption that someone habituated to alcohol can continue, even in the face of a random or unannounced policy to drink heavily, and still satisfy alcohol tests. Impairment is long term, and not manifest in any obvious impairment characteristics such as breath, gait, or pupil dilation. In fact, problem drinkers learn to finesse the system and carry on drinking, often bingeing on days off, promoting long-term symptoms of problematic use”.
Balpa argues that:
• random testing does not detect the most acute problematic use;
• a system and approach is needed for tackling problematic workplace substance use, which can remedy such behaviour; and
• such a system will have the best chance of working if it is seen to be jointly supported and administered.
The union states that the peer intervention approach “is no soft option; rather it is the more challenging and effective option, based on a thorough and rigorous monitoring of any problematic substance use.”
Balpa has negotiated the peer intervention approach with First Choice and Thomas Cook, both of which have now merged with other companies. Virgin and BA are also in discussions about adopting the programme, indicating that it is starting to have a resonance in the UK.
Principles of the Balpa Peer Intervention Programme (PIP)
A Peer Intervention Programme:
• Has as its primary intention, the enhancement of flight safety.
• Is intended to create a culture, which is unsupportive of substance abuse or excessive alcohol consumption in proximity to duty.
• Can aid the identification of the onset of a depressive illness, which might otherwise not be readily admitted to.
• Requires the support of both the Airline and the Balpa Company Council.
• Is designed to detect and deal with those that have a drug/alcohol problem in a non-punitive fashion, with the aim being their rehabilitation and a return to flying duties.
• Is founded on the premise that employees will NOT allow their colleagues to develop a drug/alcohol problem, which threatens their safety or that of the public.
• Is not the soft option, but is based upon a proven therapeutic approach.
• Can achieve a high level of success in returning flight crew with problematic substance abuse to flying duties.
• Means that the individual concerned has their medical certificate suspended, but they do not lose their licence, which provides an incentive to co-operate with the programme.