THE LEGAL POSITION
If you knowingly allow an employee under the influence of drug misuse to continue working and his or her behaviour places the employee or others at risk, you may be liable under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999.
The Road Traffic Act 1988 states that any person driving, or attempting to drive, vehicles on a road or other public place whilst unfit to drive through drugs, is guilty of an offence.
If you knowingly permit the production/supply of any controlled drugs, the smoking of cannabis or certain other activities to take place on your premises you could be committing an offence under the Misuse of Drugs Act 1971.The penalties for offences involving controlled drugs depend on the classification of the drug (Class A, B or C)
TAKING ACTION
Step 1 - Find out if you have a problem by considering the factors listed above
Step 2 - Decide what to do. This could include thinking about the following:-
* Awareness raising programme for all staff (including on induction)
* Training for (line) managers and supervisors
* Support mechanisms for those with a drug problem
* The need for confidentiality
* Any safety-critical aspects of your work
* Consulting employees
* Talking to local drug misuse and health promotion agencies
Step 3 - Taking Action. A drugs misuse policy may cover the following:-
* Aims
* Responsibilities
* Definitions
* Organisational rules
* Safeguards
* Confidentiality
* Sources of help and information
* Disciplinary action
Step 4 - review if your actions or policy are working
USEFUL ORGANISATIONS
The HSE leaflet lists a wide range of organisations that may be of use. The following three may be of particular use initially.
ORGANISATION CONTACT DETAILS
National Drugs Help Line 0800 776600 Free, confidential, 24hours a day
NHS Trust Health Promotion Service A health promotion specialist is available to give advice/support etc. on drugs misuse and training issues
Alcohol and Drugs Advisory Service(ADAS) (01203)385688 A free and confidential service offering advice, information and counselling to people who have a drink, drug or tranquilliser problem
REFERENCES / FURTHER DETAILS
1. INDG91 'Drug Misuse at Work - a Guide for Employers':
2. Institute for the Study of Drug Dependence 'Drug Abuse Briefing' 32 Loman Street, London, SE1 0EE.
3. HSE Books:
4. HSE website: