Drugs and Alcohol Policy

Introduction

Meridian Assurance recognises that the misuse of alcohol and drugs can seriously affect employees’ health, safety and welfare and the health and safety of other staff and the public. It can also affect employees’ work performance and the quality of service provided to customers.

Scope

This policy applies to all employees of Meridian Assurance and its subsidiary companies, and to all employees of other employers working on Meridian Assurance premises or sub-contractors working on behalf of Meridian Assurance.

Purpose

The purpose of this policy is to define the guidelines to control the use, possession, transportation, promotion and/or sale of alcohol, illegal drugs and certain prescribed and over-the-counter drugs (hereafter referred to as ‘alcohol and drugs’).  The prime objective of the policy is to create an organisational culture where the misuse of alcohol and drugs is recognised as incompatible with safety and efficiency at work. 

Where staff voluntarily admit that they may have a drug or alcohol problem, Meridian Assurance will actively provide confidential help and support via an external health practitioner.  Every effort will be made to support such employees and to continue their employment with the Company providing they co-operate with the programme of assistance provided.

Given the safety-critical nature of its business, however, Meridian Assurance, will also regard violations of the policy as a serious breach of discipline.

Main Requirements of the Policy

All employees and contractors are required to be free of any illegal drug and to ensure that they are not intoxicated by alcohol when they report for work and to remain so throughout all working hours.

All employees and contractors are also required not to drink alcohol whilst they are at work.

All employees are required to submit to an alcohol and/or drugs test when required under the terms of this policy: employees must not continue working until a negative result is confirmed by the alcohol/drugs test.

Any Meridian Assurance employee will be in breach of their terms and conditions of employment if they are found to be intoxicated by alcohol or under the influence of illegal drugs at work, if they refuse to submit to an alcohol or drugs test or if they attempt to falsify a test result in any way.

Cross References

When engaged in work on the railway infrastructure Meridian Assurance, its employees and sub-contractors, are required to comply with National Rail / Railway / LUL Group Standards.

The circumstances in which testing will normally be required are detailed below under the heading “Drug/Alcohol Testing“. In addition, to comply with the rail company standard, it will be necessary to screen for use of drugs and alcohol as follows:

1. Before being assigned to railway work employees will be required to undergo pre-employment testing as determined by Railway Group Standards.
2. Meridian Assurance has a regime for random testing (for drugs and alcohol) of a percentage of those employees involved in railway work. (To satisfy the current standard 5% of our rail related workforce will be screened – a commitment to unannounced random testing where applicable (documented timeline between within the 12-month period of the anniversary of the RiSQS audit).

Where the result of screening is positive, or where an employee refuses to be screened, they will not be permitted to work on the railway infrastructure and disciplinary action will follow. (See heading “Positive Testing” below).

Definitions

Premises – All buildings, structures and vehicles owned, leased or otherwise utilised by Meridian Assurance.

At Work – A member of staff is deemed to be at work any time between reporting for work at the start of the working day or shift and the time they finish work other than during an official lunch break.  This definition includes any period of ‘call out’ or overtime working.

Illegal drugs – All drugs listed in the Misuse of Drugs Act (1971) and subsequent amendments unless used in accordance with a valid prescription of when used as otherwise authorised by law.

Drug equipment – Any equipment, product or material which is used in connection with injecting, ingesting, inhaling or otherwise introducing into the human body a controlled or illegal substance.

Alcohol levels – In determining whether there has been a breach of this policy the Company will apply the UK legal limit for driving for the level of alcohol in blood or in urine or breath in force at the time an individual is tested.

Responsibilities

All Meridian Assurance managers and supervisors are responsible for seeing that employees under their supervision understand and comply with this policy.  Managers and supervisors are also responsible for the enforcement of the provisions of this policy.

Illegal Drugs Prohibited

An employee or contractor will be in breach of the policy where a positive screening results shows that they have used an illegal drug at any time.  In addition, the use, possession, transportations, promotion and/or sale of illegal drugs and drug equipment by anyone while on company premises is absolutely prohibited.

Prescribed and Over-The-Counter Medication

An employee or contractor who has been prescribed medication by a registered medical practitioner or who is taking any over-the-counter medication should make appropriate enquiries as to any possible side effects.

Where the medication may tend to impair alertness, judgement, coordination or vision or otherwise affect job performance or safety, the employee or contractor must advise the Company as to the nature of the medication and its probable effects. 

All individuals who undertake Safety Critical Work, who occupy key safety posts or hold a Sentinel Card are required to report to their supervisor their use of medication, which may affect their ability to undertake their normal duties.

Where the supervisor has been informed they should seek advice from an external health practitioner and must take appropriate steps to ensure that the employee does not work in circumstances where any possible side-effects could pose a safety risk to themselves, other employees/contractors or the public.

Alcoholic beverages prohibited

Employees must not consume alcoholic beverages whilst at work.

Without prior authorisation, the consumption of alcoholic beverages is prohibited on Company premises.

Being free of illegal drugs and not being intoxicated by alcohol

Employees or contractors are required to be free of any illegal drug to be considered fit for duty, and they should not be intoxicated by alcohol.  Employers and contractors should therefore not be under the influence of illegal drugs and should not be intoxicated by alcohol when they report for work and to remain so throughout the working day or any other period when they are at work.

Alcohol intoxication is defined as a blood alcohol level at or above that set out in this policy.

Employees reporting to work intoxicated or with the presence of illegal drugs in their system will be subject to appropriate discipline, up to and including dismissal.

Employees or contractors who are ‘on call’ by virtue of a designated rota will be required to ensure that they comply with this policy when called.

Employees who are contacted on a ‘general availability’ basis will be expected to declare themselves unavailable for work if they are unable to comply with the provisions of this policy.

Employees with an alcohol or drug abuse problem

It is the responsibility of employees’ supervisors to note any aberrant behaviour or changes in behaviour that could indicate a need for supervisory action.

Employees with any type of alcohol or drug abuse problem should immediately bring the situation to the attention of the company.  Employees who volunteer that they require help will be offered an assessment though an external health practitioner as well as treatment where necessary.  Every reasonable effort will be made by the Company to support them and to continue their employment provided that they cooperate with the treatment programme.

A rehabilitation programme may entail referral to external agencies to obtain appropriate treatment. All consultations between the employee and any advisors in connection with rehabilitation will be in strictest confidence.

Any progress reports to a manager will be in terms of fitness for duty rather than containing specific details of their medical condition.

Criminal convictions

An employee who is convicted or charged with a criminal offence related to illegal drugs or alcohol which violates this policy must inform the Company immediately.  Failure to do so may result in the disciplinary procedure being invoked.

Where an employee is convicted or charged with a criminal offence related to illegal drugs or alcohol which indicates that they have violated this policy, the incident will be investigated and disciplinary action taken where appropriate, up to and including dismissal.

Violations of policy

Any employee who violates the provisions of this policy will be subject to disciplinary action under the appropriate Company disciplinary procedure, up to and including dismissal.

Drug/Alcohol Testing

Testing will be carried out in the following circumstances:

1.1 Post–accident

• Direct personal involvement in any immediately reportable major injury or dangerous occurrence.
• Direct personal involvement in any incident, which results in personal injury or in damage to property or equipment.

1.2 On behavioural criteria – For Cause

• When there is reason to suspect that any employees or contractors are unfit to perform their duties as a result of the effects of alcohol or drugs.

Following “Post Accident or For Cause” testing the employee / contractor involved will be allowed to return to the workplace and participate in work activities ONLY where the test result has proven conclusively that the employee is free of the effects of Alcohol or Drugs.

1.3 Follow up testing

May occur unannounced to verify continued abstention from abuse of substances by employees participating in follow-up monitoring programmes or returning from rehabilitation programmes for substance abuse.

Witnesses

If an employee so wishes they may nominate a staff representative or fellow employee to be present to witness the test where this is reasonable and practical.  Where a witness is not available, or it is no practical for them to attend, or where they do not arrive on site in time the test will proceed without delay and the absence of the witness will not invalidate the test.

Positive Testing

Employees or contractors confirmed positive for drug/alcohol misuse:

1. Will not be allowed to return to the workplace or to participate in work activities.
2. Will be subject to disciplinary action up to and including dismissal.

Right to a Second Test

Under the standard testing procedure the employee has the right to have a second sample (taken at the same time as the original) re-tested. The retest will be paid for by the company providing it is conducted by a laboratory recommended by the Company.  Where the employee exercises this right no disciplinary proceedings will be initiated until after the second test result is received.

Refusal to be tested

Refusal will be treated in the same way as a positive test i.e.) an employee refusing to be tested under the provisions of this policy will:

1. Not be allowed to return to the workplace or to participate in work activities.
2. Be subject to disciplinary action up to and including dismissal.

The Company may terminate the services of any contractor who refuses to be tested.

Attempts to falsify a test

Any employee who attempts to falsify a test result will be subject to disciplinary action under the Company’s disciplinary procedures, up to and including dismissal.  The Company may terminate the services of any contractor who attempts to falsify a test result.

Record Keeping

Records of test results will be maintained as follows:

1. Where a test proves positive the record of that test will be retained indefinitely.
2. All other test records will be retained for 10 years from the date of the test.

Sentinel Scheme

Meridian Assurance will inform the Sentinel Scheme Administrator and the National Rail / Railway / LUL Group Workforce Safety Team of all incidents relating to a safety issue or an alleged breach of this policy.  Accurate information and updates will be forwarded to all parties in a timely manner. 

Appeals

Employees may wish to raise an appeal on various grounds which could include procedural irregularities or perceived unfairness of the judgement. 

An appeal can be raised in accordance with the Company’s Disciplinary or Grievance Procedures.