<$,U ALCOHOL AND DRUG ABUSE POLICY

Size: px

Start display at page:

Download "<$,U ALCOHOL AND DRUG ABUSE POLICY"

Olivia Curtis
5 years ago
Views:

1 <$,U * '3 ' 't ROM KOUKAMMA MUNICIPALITY ALCOHOL AND DRUG ABUSE POLICY Adopted by Council 15 December 2009

2 Table of contents No Topic 1 Preamble 3 Page 2 Management of suspected intoxication Discipline Standby/ Call out employees: Injury on duty Voluntary and random testing 8 6 Scheduled testing 9 7 Referrals for assessment Suggested / disciplinary referrals 10 9 Treatment and Counseling Social functions and promotions Disputes 12 Implementation

3 1 PREAMBLE AND OBJECTIVES 1.1 Koukamma Municipality, hereafter referred to as the Council, is committed to maintaining the highest possible standards of occupational health and safety and considers alcohol and drug abuse as disruptive of and detrimental to a safe and productive working environment. 1.2 This policy applies and shall be conveyed to all employees of the Council including employees of labour brokers, independent contractors and casual service providers save that the provisions of this policy which covers referral for assessment treatment and counselling shall however only apply to permanent employees of Council. 1.3 Council will ensure that the content of this policy and procedure is conveyed to all employees, trade unions and management. 1.4 Council recognises the value of preventative education and all reasonable steps will be taken to promote and provide training and information regarding substance abuse matters to all employees. 1.5 Before a prospective permanent or contract employee will be offered employment, drug and gamma GT testing will be conducted by the Occupational Health Clinic and if the person tests positive, it may influence the offer of employment. 2 MANAGEMENT OF SUSPECTED INTOXICATION 21 If an official is of opinion that an employee is or appears to be under the influence, the employee's Manager/Supervisor shall be called to act as a witness. If the employee's Manager/supervisor is not available, any other Manager/Supervisor or witness may be called. 22 The responsible Manager/supervisor shall, in the presence of the witness, document signs of suspected intoxication. A Verification of Intoxication form [Annexure "A"] may be used for this purpose. 23 Should the observed signs indicate suspected intoxication, the employee will be instructed to submit a breath alcohol screening test. In the event of suspected drug induced intoxication, the employee will be escorted by line management to the Occupational Health Sister who will arrange for appropriate tests to be done. Should the employee refuse that such tests be done or should the 3

4 test be positive, such a person shall further be dealt with in terms of paragraph 2.7 below Should the employee agree to submit to the alcohol screening test, the responsible Manager/Supervisor shall administer the test in accordance with the manufacturers, operating instructions and in the presence of another witness and an employee representative. A calibrated breathalyzer will be used. All Manager and Supervisors operating a breathalyzer will receive appropriate training to operate it. 2.5 The result of such a screening test shall be shown to the parties present and recorded on the verification form. 2.6 Should the employee refuse to submit to an appropriate test he/she should be informed that he/she will be giving up an opportunity to contest the allegation of being under the influence. The employees refusal will then be recorded on the verification form. 2.7 Should the test result be positive, or where testing is refused and/or where clinical/behavioural signs suggests intoxication, the employee will, in the interests of workplace safety, be deemed to be under the influence and instructed to leave the work premises. 2.8 The Manager/Supervisor should take all reasonable steps ensure to that the employee has a safe means of returning home or accompany the employee to a safe area where the employee is least likely to cause harm to himself or others. 2.9 Employees who are refused entry or who are required to return home as provided for above will not be paid for that portion of the day which the person had missed on condition that, should the employee be found not guilty during a subsequent enquiry, the employee shall be paid for the particular portion The relevant manager or supervisor shall arrange for a disciplinary investigation in accordance with the Council's disciplinary procedure. 3 DISCIPLINE Council places a high premium on its statutory and common-law obligations to ensure the safety of its employees and members of the public. It therefore takes a serious view of employees being under the influence whilst on duty. 4

5 31 In determining whether the employee is under the influence, clinical observation, e.g. smell of alcohol or any other substance, slurred speech, etc will be assessed along with objective on-site [e.g. Breath-alyzer] or drug screening tests which will be offered to suspected intoxicated employees. 32 Being under the influence shall be defined as any employee: (a) who has used alcohol and/or any other intoxicating substance to the extent that he/she cannot perform his/her normal duties, whose conduct reasonably causes a safety risk to him/herself, co-workers, members of the public or causes harm to the good name and standing of Council; and/or (b) whose breath alcohol level that test higher than 0,00 g per 100 mi of air as measured by a properly administered Breath-alyzer test; and/or shows an blood alcohol level of more than 0.00 mg / 100 mi (c) who tests positively on a medically accepted drug screening test. 3.3 An employee who had been refused entry and/or entry requested to leave the premises as per paragraph 3.2, will be subject to a disciplinary investigation to ascertain whether the employee had indeed been under the influence. 3.4 Council reserves the right to and in accordance with Council's disciplinary procedure, in the case of employees whose substance abuse may reasonably cause a safety risk to themselves, coworkers or members of the public : (a) suspend the employee from such work with full pay or put him on alternative duties until such time as a counsellor's report and/or appropriate tests confirm that the employee no longer abuses intoxicating substances; and/or (b) invoke selector criteria within the relevant guidelines with the view of alternative employment; and/or (c) require the employee to submit to routine breathalyzer or drug tests before commencing his/her duties for a period which may be deemed reasonable by the Chairperson of the enquiry. 5

6 3.5 Council shall consider all relevant facts in determining an appropriate sanction, including whether the employee's conduct caused a safety risk to himself, co-workers or members of the public and or harm to Council's good name and standing. 3.6 Being under the influence or using chemical substances whilst on the premises or on duty: First Offence: Final written warning effective for six months plus offer of assessmenucounseling or treatment. Second Offence [within the operative six month period following a previously issued final written warning] : Dismissal. 37 Being in possession of alcohol or illicit drugs [excluding controlled medicines for which the employee has a legal prescription] whilst on duty or on Council's premises: First Offence: Written warning effective for six [6] months plus the offer of assessmenu counseling or treatment. Second Offence: Within operative six [6] month's period: Final written warning effective for six months plus the offer of assessmenu counselling or treatment. Subsequent Offence: Dismissal In view of the fact that 3.7 is seen as a somewhat lesser offence the warning for such an offence can be six instead of twelve months. 3.8 Notwithstanding these guidelines, Council reserves the right to vary the sanctions depending on the circumstances of each case. 3.9 The following constitute particularly serious acts of misconduct which may be grounds for dismissal for a first offence, depending on the facts of the case: (a) Consuming intoxicating substances whilst on duty and/or providing other employees with such substances whilst on duty. [Subject to Section 10, paragraph 1-3 of the General Administrative Regulations of the OHSACT and the provisions pertaining to paragraph 7 of this policy]. 6

7 (b) Driving a Council vehicle or operating safety sensitive equipment whilst under the influence of intoxicating substances An employee who is suspected of being under the influence of an intoxicating substance as described under paragraph 3.1 will be subject to a disciplinary enquiry to investigate the matter and to ascertain whether the employee had indeed been under the influence In the event of employees receiving counselling for substance abuse or dependency, Council also reserves the right to, in the case of employees whose substance abuse may reasonably cause a safety risk to themselves, co-workers or members of the public: (a) suspend the employee from such work or put him on alternative duties until such time as a counsellor's report and/or appropriate tests confirm that the employee no longer abuses intoxicating substances; and/or (b) require the employee to submit to routine breath testing before commencing his/her duties for a period which may be deemed reasonable by the Chairperson of the enquiry To be considered where the employee performs safety sensitive work and is in a situation where possible intoxication may go undetected. It is not always possible to watch such a person constantly - it may be better to reduce the risks involved by putting him on alternative duties. 4 STAND-BY / CALL-OUT EMPLOYEES: INJURY ON-DUTY 4.1 Employees who have been instructed to perform stand-by duties with whom prior arrangements had been made to report for duty outside of his/her regular working hours will be considered to be on duty and will be subject to the same proviso's as those which pertain to normal working hours. 4.2 In the event of employees called out to work outside of normal working hours where no prior arrangement had been made for the employee to report at a specified time, the employee shall inform the duty foreman or manager whether he used any mind altering substances, including medication, since his last shift. Should the employee test positive on an appropriate test, the employee shall be sent home without any sanction. Should the employee fail to inform 7

8 the duty foreman or manager and test positive after having commenced his duties, normal disciplinary action shall be taken. 4.3 An official injured on duty will be tested for alcohol or drugs in accordance with the Compensation for Occupational Injuries and Disease Act 5 VOLUNTARY AND RANDOM TESTING 51 Employees who, upon reporting for duty, suspect that they may test positively for alcohol and/or are of the opinion that the after-effects of their drinking may jeopardize workplace safety, are encouraged to submit to voluntary testing. 52 Should such an employee test positively on a Breathalyzer test, the employee shall be sent home without being paid for the portion of the shift not worked by him/her, save that in the event of this being the employees first substance abuse related offence, and no serious incidents occurred which would justify a disciplinary enquiry, no disciplinary action shall be taken. 53 Any subsequent offence of this nature occurring within six months from such an incident shall be dealt with in terms of normal disciplinary procedures. 54 Random testing for alcohol or any other intoxicating substance of an entire section (senior to general worker level ) will be done by the Occupational Safety officer on a bi-weekly basis per section at the commencement of the shift ( 08:00). 55 The random testing described in 5.4 will not be announced and all employees present and working in that section on that specific day ( as per time sheeu attendance register) will be required to submit to this random testing, conducted by the Occupational Safety officer. 56 Employees testing positive will be required for the interest of workplace safety, be deemed to be under the influence and instructed to leave the work premises. Sections 2.8 to 2.10 of this policy with the necessary changes will be applicable. 57 The Occupational Safety officer will keep a record of these random testing on file for audit and management data purposes. 8

9 6. SCHEDULED TESTING 6.1 In accordance with the Health and Safety policy, Council provides periodic medical check-ups to all its employees. 6.2 In view of the safety sensitive nature of its operations and Council's commitment to maintaining the highest possible standards of health and safety, it shall provide for voluntary liver function tests as a standard part of such routine medical check-ups. 6.3 Whilst the primary purpose of such tests shall be to inform and advise employees who present with abnormal test scores, Council reserves the right to take such precautionary steps or make reasonable adjustments to the employee's duties which it may deem necessary for ensuring workplace safety. 6.4 Test results obtained during routine medical check-ups shall not be used for disciplinary purposes and employees shall be fully informed about the rationale, the nature and the meaning of test results beforehand. 6.5 All new prospective employees who have been offered employment with Council will be subjected to drug screening testing during their pre-medical examination by the Occupational Health Practitioner. If a prospective employee test positive for any drug, the offer for employment will be withdrawn. If a prospective employee refuses to be tested, the offer for employment will be withdrawn. 7 REFERRAL FOR ASSESMENT, TREATMENT OR COUNSELLING 7.1 Voluntary referrals Council wishes to encourage employees who may experience alcohol or other drug related problems to confidentially discuss such problems with the EAP officer, Occupational Health Sister, Human Resources, line manager or shop steward with the view of acquiring professional assistance Such a request shall be treated with utmost confidence and in accordance with Council's EAP policy Should the official find that the person's use of substances may reasonably represent a safety risk in the workplace, 9

10 Council shall take the necessary precautions as described in paragraph SUGGESTED / DISCIPLINARY REFERRALS Supervisors and Managers have a responsibility to identify unacceptable levels of performance, attendance or interpersonal relationships, to take timeous corrective steps ( or disciplinary action if appropriate ) and to encourage the employee to consult with the officials stipulated in with the view of acquiring confidential assistance Subject to paragraph 3.4 of this policy, employees (a) who commit an alcohol or drug related offence in terms of the disciplinary code and/or, (b) whose job performance, attendance or interpersonal relation-ships at work are detrimentally affected as a result of alcohol or drug abuse,.1 may be given the option of accepting referral for assessment, treatment or counselling, depending on the circumstances of the case This option may be offered in conjunction with standard penalties in terms of the disciplinary procedure. The acceptance of the offer of assistance, does not exempt the employee from standard disciplinary measures whilst under treatment Should the employee decline the offer of assistance following substance abuse related misconduct, substandard performance as described in paragraph 8.2.2, or fail to co-operate with the assistance offered, this will be documented and the employee will be informed that any further incidents of substance abuse related misconduct may be dealt with as a matter of discipline without.,i. repeating the offer of assistance By accepting the offer of assistance described in paragraph 8.2.2, the employee will be deemed to have undertaken to render his full support to such assistance and to have consented to the counsellor submitting assessment and progress reports to the Council. The employee shall however be assured that such reports shall not contain any personal detail divulged during counselling but will serve to give an indication of his commitment and cooperation towards attaining sobriety. 10

11 9. TREATMENT AND COUNSELING 9.1 Employees who voluntarily request assistance for substance abuse/dependency should contact the relevant official to make an appointment and request permission from the relevant supervisor that he/she wishes to consult the EAP officer, Occupational Health Sister or Human Resources on a personal matter during working hours. 9.2 Treatment and Counselling will be deal with in accordance with Council's EAP policy. 9.3 In the event of a counsellors report indicating that the employee had been uncooperative and/or that excessive alcohol or drug intake persists, Council reserves the right to resort to the use of escalating means of addressing the situation via either appropriate disciplinary or proactive management services. 9.4 Subject to paragraph 3.4, the voluntary request for and acceptance of substance abuse counselling or treatment will not jeopardise the employee's job security, fringe benefits or promotional opportunities. However, in the event of the employee: Refusing the offer of treatment/counselling following a substance abuse related offence, Absconding from the treatment centre, Being non-compliant with the treatment/counselling regime. such lack of co-operation will be viewed as an aggravating factor in assessing an appropriate disciplinary sanction in the event of any future transgressions of a similar or related nature. 10 SOCIAL FUNCTIONS AND PROMOTIONS 10.1 In the event of Council functions where liquor may be served, all Council employees are expected to at all times behave in a becoming and respectful manner During training courses or seminars hosted by the Council, no alcohol shall be served, except during evening functions No Council employee as defined in paragraph 1.2 shall consume alcohol or other intoxicating substances during his/her normal working hours ( inclusive of lunch times ). 11

12 10.4 At social functions which had been arranged by Council, reasonable precautions shall be taken to prevent immoderation through measures such as limited bar hours, serving food/light snacks with drinks and the provision of soft drinks or low alcohol beverages Employees attending such functions shall however be responsible to ensure that they do not contravene the provisions of the Road Traffic Ordinance as a result of excessive consumption Employees whose behaviour during such events become offensive, cause an embarrassment to Council, fellow employees or guests, or whose conduct jeopardizes the safety of such parties or members of the public as a result of excessive alcohol intake, shall be charged with allegedly having been under the influence of alcohol. 11 DISPUTES In the event of any dispute arising as to the interpretation of this policy or its application, such disputes shall be resolved through the existing dispute resolution procedure. 12 IMPLIMENTATION This policy will be implemented from. / MUNICI AL ANAGER DAfE a DIa,olD 12

13 ANNEXURE "A" KOUKAMMA LOCAL MUNICIPALITY VERIFICATION OF INTOXICATION FORM 1. To be completed by the employee's supervisor upon the suspicion of an employee being under the influence. 2. This procedure should be carried out in private in the presence of a Management (supervisor/manager) and employee witness DATE: TIME:... 13

14 NAME OF EMPLOYEE DEPARTMENT FORMCOMPLETEDBY NAME OFMANAGEMENT WITNESS NAME OF WITNESS TICK WHICH IS APPROPRIATE AND ADD DESCRIPTIVE COMMENTS 1 SMELL OF ALCOHOL OR ANY OTHER SUBSTANCE Strong... Slight... No smell.. 2 SPEECH Slurred... Slow and deliberate... Incoherent... Normal... 14

15 3. EYES Bloodshot... Slightly red.. Dazed... Staring...,., Normal... 4 WALKING / BALANCE Uncontrolled... Slightly unsteady... Loss of balance when walking.. Body sway when standing still.. Normal...,.,..,...-.,,,,,...,,-.. 5 BEHAVIOUR Overly boisterous and talkative... Agitated, aggressive... Laughs, giggles for no apparent reason.. 6 HAND MOVEMENTS Shaky (tremor)... Clumsy, uncoordinated.. Normal... 7 ANY OTHER SIGNS OF INTOXICATION? 8 In your opinion, is the person under the influence of alcohol or another intoxicating substance? 9 Do you think the person will be able to do his/her normal duties without constituting a safety risk to himself and to others? 10 Do you think that the person can commence or resume his/her normal duties without detrimentally affecting Council's good name and standing? 15

16 NB Should the Supervisor be of opinion that the employee is under the influence the employee should be asked to submit to an appropriate alcohol/drug test. It should be explained to the employee that the purpose of the test is to afford him/her the opportunity of contesting the allegation of being under the influence. Tick the employee's response to the offer of a test. 1-1 Agreed Did not agree Result of onsite alcohol/drug test... Reason for refusal to submit to test SIGNATORIES Supervisor... Management witness Witness Employee 16

1. Parties to the PSCBC adopt the attached Disciplinary Code and Procedures for the public service.

SCHEDULE 1 DISCIPLINARY CODE AND PROCEDURES 1. Parties to the PSCBC adopt the attached Disciplinary Code and Procedures for the public service. 2 Date of implementation This agreement comes into effect