Substance Misuse - Legal Obligations
A company substance misuse policy (drug and alcohol policy) must meet the demands of the individual organisation as well as addressing health, safety and legal issues.
An employer has a number of responsibilities and statutory duties to comply with, they include:
- Health & Safety at Work etc. Act 1974
- Management of Health and Safety at Work Regulations 1999
- Health & Safety (Consultation with Employers) 1996
- Safety Representatives & Safety Committees Regulations 1977
- The Transport & Works Act 1992 (c. 52)
- Road Traffic Act 1988
- Misuse of Drugs Act 1971
- Human Rights Act 1998
- Employment Law Guidelines
- Revitalising Health & Safety Government initiative
External advice and guidance is recommended to guarantee a successful policy introduction and to ensure that all possible routes are examined to avoid potential problems such as:
- Industrial Tribunal - in the event that an employee is disciplined through contravention of the Policy or Statute,
- Criminal Liability - for not providing safe systems of work,
- Civil Liability - in the event of employee claim resulting from accident or incident.
In order for a successful and transparent introduction, the following items need to be clearly addressed and, at the outset, a decision taken on the type of procedure and system needed to be followed, with clear instructions on implementation for those with responsibilities at each organisational level.
Health and Safety Considerations
A company substance misuse policy (drug and alcohol policy) must be introduced within the existing health and safety culture and management systems operating within the company.
- Health & Safety policy
- Risk Assessment
- Accident and incident reporting and investigation.
Human Resources Considerations
A company substance misuse policy (drug and alcohol policy) must be introduced within the existing recruitment and Human Resources culture and Management Systems operating within the company.
- Employment contracts and disciplinary proceedings
- Consultation and information for employees
- Data protection
- Human rights
- Introduction programmes
- Communication and training.
Our team of experts provide assistance in the construction of a suitable policy that ensures all statutory obligations are complied with and follows current industry best practice.
Our consultation with most of the major trade unions has resulted in the acceptance of welfare-based policies across many UK industries.
Our policies and procedures do not infringe the Human Rights Act 1998.
Datasheet Ref:POL/105/03/05
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