Smoking, Alcohol and Substances Policy (1)

Smoking

This policy has been designed to protect all agency staff and service users from exposure to second-hand smoke. Under the terms of The Smoking (Northern Ireland) Order 2006, all work premises are smoke-free (no-smoking) areas. Classed as a place of work, enclosed premises are strictly smoke-free as are any semi-enclosed premises, semi-enclosed or enclosed premises leading to an entrance or any open structure located on the premises.

The term ‘semi-enclosed’ in this context refers to any porch, veranda, balcony or stairwell that is located on work premises;
The term smoking covered under the terms of The Smoking (Northern Ireland) Order 2006 refers to “smoking tobacco or anything which contains tobacco, or smoking any other substance; and (b) smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked.”

Any individual who wishes to smoke must first exit the premises and locate to the designated smoking area. Designated disposal points must be used for the disposal of waste while smoking, whether smoking related or otherwise.

Local and/or company disciplinary procedures will be followed if a member of staff does not comply with this policy. Those who do not comply with the Health Act may also be liable to a fixed penalty fine and possible criminal prosecution.

Alcohol and Substances

This policy is based on the following aims:

To maintain a safe and healthy environment for all service users and staff;
To minimise drug and alcohol related injuries to persons or property;
To comply with applicable laws and legislation;

The use of drugs and/or alcohol by members of staff is strictly prohibited at all times and under all circumstances.

The company recognises its duty as an employer to provide and monitor for employees, so far as is reasonably practicable, a working environment which is reasonably suitable for the performance of their contractual duties and this includes providing a drug and alcohol-free environment. However, the company makes a distinction between patterns of alcohol or drug misuse which point to addiction in staff, such as drinking or drug taking to excess continually, regularly or in intense episodes and, on the other hand, random instances of drug taking or excessive drinking which effect work.

The company regards alcohol and drug misuse of the first kind as first and foremost a health problem and its approach will be informed by this understanding. Other forms of drink and drug consumption that affect work will be treated as conduct or performance issues and dealt with according to the disciplinary procedure. This includes cases where employees attend work under the influence of drugs or alcohol. In all such circumstances, where a member of staff either attends work under the influence of drugs or alcohol or uses drugs or alcohol while at work:

The member of staff will be sent home;
The disciplinary procedure will be applied;
The police will be informed (in the case of drug use)
As far as is practicable, job security will be maintained for any member of staff participating in treatment and/or counselling in an attempt to deal with drug or alcohol abuse. Where a member of staff has to be away from work to undergo treatment, their job will be held in accordance with contractual sickness procedures. However, it must be accepted that, in the long-term, job security must depend upon work returning to an acceptable level;
Drug or alcohol abuse will not in itself constitute grounds for dismissal, unless the staff member’s actions or performance reached an unacceptable level. Such cases will be dealt with under normal disciplinary procedures.