Reviewed date: 17/11/2022
Next review: 17/11/2025 (or before is there is a change in legislation or practice)
Amendments:
Introduction
The health and safety of our guests, employees, workers and visitors is paramount and it is therefore
a requirement of Leuchie that no employee, or anyone associated with our guests, be under the
influence of alcohol, illegal drugs (or drugs not specifically prescribed to them) or other mind-
altering substances whilst at work.
Neither will anyone supply or be in possession whilst on Leuchie premises. Leuchie will not tolerate
any departure from these rules, and any infringement may be considered gross misconduct,
resulting in a dismissal from the business.
Scope
This policy applies to all employees, workers, and volunteers at Leuchie House.
Definitions
Substances: include alcohol; drugs controlled under the Misuse of Drugs Act 1971 and
the Misuse of Drugs Regulations 2001; deliberate misuse of prescription and
over the counter medication, solvents and aerosols
Misuse: is the use of any substance, either intermittent or continuously, that
interferes with an individual’s health, work capability, performance, conduct
or has an adverse effect on health and safety
The Misuse of Drugs Act 1971
The Act makes it unlawful to manufacture, distribute, dispense, sell, purchase, possess, or use
without prescription, a controlled substance.
As with any criminal offence, Leuchie reserves the right to report to the police any individual
believed to be (1) under the influence of a controlled substance whilst at work, (2) being in
possession of a controlled substance whilst at work (3) dealing in such a substance whilst at work.
Under the influence at Work
Where there is reasonable belief that an individual is under the influence of alcohol or drugs whilst
at work, they must be sent home immediately, ensuring HR are made aware. If further advice is
required beforehand, the Manager must ensure that the employee is suspended from carrying out
all duties and is placed in a meeting room. The manager must then contact HR for further advice.
In the case of agency workers or contractors, service may be terminated immediately upon breach
of this policy.
HR must be made aware of all situations and will then support managers through the disciplinary
procedure. Should there be reasonable belief that the worker was under the influence, this will be
considered gross misconduct and may result in summary dismissal.
Substance Misuse JMJan2018
Searches
Leuchie reserves the right to conduct searches or inspections of an individual’s person or personal
effects located on company property. Searches of the individual shall include the emptying of
pockets and the production of all items concealed by any clothing/shoes.
It shall not include a ‘pat down’ search. Searches will be carried out by managers and the individual
will have the right to be accompanied by a work colleague.
In certain circumstances, searches may be carried out for cause, or on a random unannounced basis.
Any item considered to be an illegal drug, alcohol or drug paraphernalia found during the search will
be confiscated by the company, the individual from whom the item/substance has been confiscated
will be given a written receipt listing the item/substance seized.
Help and support
Alcoholism, drug addiction/substance misuse are recognised as diseases responsive to treatment.
Leuchie endeavors to ensure that help and advice is made available to anyone who feels they have a
problem with alcohol or drug misuse.
In the first instance, individuals will be encouraged to seek help from their GP.
Individuals with problems who identify issues will receive support as long as they co-operate with
any rehabilitation program that Leuchie recommends/develops, in line with Occupational Health
teams.
It is important to note that Leuchie do not oppose to the taking of prescription or over the counter
medication but expect employees/workers to adhere to instructions of taking such medication.
Any employee who seeks the assistance of the company in finding treatment for drugs or alcohol
problems has the company’s complete assurance of confidentiality.
References
Health & Safety at Work Act 1974
Management of Health & Safety at Work Regulations 1999
Misuse of Drugs Act 1971
Misuse of Drugs Regulations 2001
Transport and Work Act 1992
Further information
www.alcoholics-annonymous.org.uk
www.knowthescore.info
www.alcohol-focus-scotland.org.uk
www.drinkaware.co.uk
www.healthyworkinglives.com
www.talktofrank.com
www.NHS.uk