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ALCOHOL and MISUSE of DRUGS Corporate Policy

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ALCOHOL and MISUSE of DRUGS Corporate Policy ALCOHOL AND MISUSE OF DRUGS Corporate Policy Title of Policy Document Alcohol and Misuse of Drugs Issue Date and Version February 2020 (Version 8) Policy Reference Number 23 Has Equality Impact Assessment been completed? N/A ☐ Categories Core ☐ Corporate ☐ Equal Opportunities ☐ Health and Safety ☐ Housing ☒ Human Resources ☐ Information Governance ☐ IT and Communications ☐ Learning and Development ☒ Professional Practice and Standards ☐ Recruitment ☐ Service Management ☐ Stakeholder Involvement ☐ Support Planning and Risk Assessment ☐ Service Provision – CQC services ☐ Service Provision Signed off by Chief Executive Renewal date February 2023 First issue date March 2000 ALCOHOL AND MISUSE OF DRUGS Corporate Policy 1. LEGISLATION 1.1 The Health & Safety at Work Act (1974) and Management of Health and Safety at Work Regulations (1999) This legislation imposes general duties on all employers to, “ensure, as far as is reasonably practicable, the health, safety and welfare at work” of all employees; and to “assess the risks to the health and safety” of employees to which they may be exposed while at work. For an employee under the influence of drugs (including alcohol) to continue working places them, their colleagues, service users and others at risk, as well as placing the organization at risk of prosecution. Employees are required to take reasonable care of themselves and others who could be affected by their behavior or ability to function at work. 1.2 Road Traffic Act (1988) This Act states that any person who, “when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence”. 1.3 Misuse of Drugs Act (1971) The principal legislation on drug misuse is the Misuse of Drugs Act (1971). The Act makes the production, supply and possession of illegal/controlled drugs unlawful except in certain specified circumstances (for example, when they have been prescribed by a doctor). Anyone who knowingly permits the production, use or supply of any controlled drugs to take place on their premises could be committing an offence. Illegal/controlled drugs are non-prescribed substances which may be injected, ingested or inhaled. 2. CLASSIFICATIONS UNDER THE MISUSE OF DRUGS ACT 2.1 The Misuse of Drugs Act (1971) categorises illegal/controlled drugs/substances within three classes; A, B or C. The following are the most common street drugs within each class. Class A Crack cocaine Cocaine Ecstasy (MDMA) Heroin LSD Magic (psilocybin) mushrooms Methadone Methamphetamine (crystal meth) Alcohol and Misuse of Drugs Version 8 Issued February 2020 Approved by: Alcohol and Misuse of Drugs Page 2 of 6 Class B Amphetamines Barbiturates Cannabis Codeine Ketamine Methylphenidate (Ritalin) Synthetic cannabinoids (e.g. “spice”) Synthetic cathinones (e.g. mephedrone, methoxetamine) Class C Anabolic steroids Benzodiazepines (diazepam) Gamma hydroxybutyrate (GHB) Gamma-butyrolactone (GBL) Piperazines (BZP) Khat 2.2 Creative Support acknowledges Section 8 of the Misuse of Drugs Act (1971) which states: “A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises, that is to say: i. producing or attempting to produce a controlled drug; ii. supplying or attempting to supply a controlled drug to another or offering to supply a controlled drug to another; iii. preparing opium for smoking; iv. smoking cannabis, cannabis resin or prepared opium.” 2.3 Creative Support understands this to place primary responsibility for the effective implementation of this policy upon senior staff in the organisation, which includes the Executive Management Team, Area/Service Managers, Project Managers/Team Leaders, Support Co-ordinators and those of equivalent position. However, it is important that workers at all levels are aware of the Misuse of Drugs Act (1971) and of this policy, as they may well be the people who, in practice, implement the policy and may therefore be deemed as being concerned in the management of any given service in respect of the use or supply of illegal drugs. 3. STATEMENT OF PRINCIPLE WITH REGARD TO THE USE OR SUPPLY OF ILLEGAL DRUGS 3.1 Creative Support acknowledges that it has a responsibility to assist in upholding the law with regard to the use, supply or manufacture of illegal drugs. It also has a duty of care towards its service users and as such must always seek to work in their best interests while fulfilling its legal obligations. 3.2 Creative Support acknowledges that some of its service users will choose to use illegal drugs, and that this reflects the use of illegal drugs within society as a whole. It is also Alcohol and Misuse of Drugs Version 8 Issued February 2020 Approved by: Alcohol and Misuse of Drugs Page 3 of 6 acknowledged that on occasion illegal drugs may be supplied to others by service users of Creative Support, or may be supplied to service users of Creative Support by others. This activity must all be dealt with under the duty of care of staff to work within the law. 3.3 It should be noted that it is not necessary for money to change hands for it to be deemed that the supply of controlled drugs has taken place. The sharing, swapping or giving of controlled drugs legally constitutes “supply”. 3.4 Creative Support is committed to upholding the law with regards to illegal drugs and will seek to do this through the development of local policies (in collaboration with the police and other relevant agencies) which will be consistently enforced. 4. GOOD PRACTICE GUIDELINES IN RESPECT OF THE USE OR SUPPLY OF ILLEGAL DRUGS 4.1 Staff duties and responsibilities with regard to this policy must be clearly outlined in all relevant job descriptions. 4.2 It is the responsibility of Creative Support through its induction, training and supervision practices to ensure that all employees are fully conversant with the use or supply of illegal drugs sections of our corporate policies, and with localised interpretations. 4.3 Where issues or actions relating to this policy are current staff should receive effective supervision to ensure that they are fulfilling their duties. 4.4 If staff do not fulfil their responsibilities in line with the law and with this policy, action should be taken on all occasions. 4.5 All actions, incidents, discussions, correspondence or meetings with regard to this policy must be clearly recorded and documented. 4.6 All managers must ensure that they are aware of and are up-to-date with matters relating to this policy in respect of their own service and/or areas of responsibility. 4.7 Any service user who uses illegal substances should have this recorded in their support plan and related documentation. Details of support, relevant agencies, rehabilitation programmes, etc. should be recorded. Creative Support staff have a duty to inform service users of the potential health risks of illegal or illicit drug use, and to seek medical advice whenever they have concerns that a service user may be using illegal or illicit drugs. 4.8 If staff are aware that a service has a particular problem with the use of illegal drugs or addiction then they should be given advice, support and information about the relevant agencies which can help them, and the staff should support referrals to such agencies. 4.9 Drugs paraphernalia or the strong smell of what is suspended to be an illegal substance must be investigated in a timely manner and managed under the local policy. 4.10 All Creative Support tenants should be advised that it is a condition of their tenancy agreements that illegal drugs are not used on the premises and that any breaches in this respect will be viewed very seriously. Any tenant of Creative Support who is found in possession, using or dealing in illegal substances risks criminal prosecution and having their tenancy terminated. Alcohol and Misuse of Drugs Version 8 Issued February 2020 Approved by: Alcohol and Misuse of Drugs Page 4 of 6 4.11 All reasonable measures that are readily available to managers to prevent prohibited activities under Section 5 of the Misuse of Drugs Act (1971) must be taken and clearly recorded as having been taken. Such measures may include: systematic supervision of all areas, both internal and external, of the service the installation of CCTV or mirrors (in line with relevant data protection legislation and codes of practice) the banning or warning/notice/eviction of people suspected of using or supplying drugs the display of notices clearly outlining the local interpretation of this policy and the consequences of its enforcement the consistent enforcement of measures designed to enforce local interpretations of this policy by staff calling police to remove the illegal substance(s) and/or banned people from Creative Support premises passing the names to the police of people known or suspected to be using or supplying drugs. 4.12 In extreme circumstances it may be deemed appropriate to close a service on a temporary basis in order to resolve local difficulties associated with the use or supply of drugs. This measure could only be implemented in full consultation with the Chief Executive, partner agencies and the police. 4.13 In all cases where the use or supply of controlled substances is known or suspected, vigorous and effective measures commensurate with the localised interpretation of this policy must be taken. 4.14 In deciding whether to act, managers should err on the side of caution. If it is believed that prohibited activity is likely to continue unless action or further action is taken, then further steps must be taken in all instances. 5. GUIDELINES ON THE FORMING AND IMPLEMENTATION OF LOCAL ‘USE OR SUPPLY OF ILLEGAL DRUGS’ POLICY 5.1 Any local policy must ensure that all service users are aware of the rules it enshrines.
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