Substance Misuse Policy
Background
The company is committed to providing a safe, healthy, and productive working environment and to safeguarding the health, safety, and welfare of all those affected by its operations. This includes ensuring that everyone working on our projects or in our offices is fit to carry out their jobs safely and effectively in a working environment which is free from alcohol and drug misuse.
Alcohol and drug problems are prevalent in society and are associated with a wide variety of costs for both employers and employees. These costs include ill-health, sickness absence, reduced work performance and accidents. The consumption of alcohol and drugs has implications for health and safety at work since these substances impair co-ordination, judgement and decision making. As such, this is a policy matter.
To Whom Does This Policy Apply?
This policy applies to all employees, contractors, and clients. This includes (but is not limited to) all staff and operatives directly employed by 8build Limited and all other individuals carrying out work on behalf of, or providing a service to, the company such as consultants, contractors (including subcontractors, trade contractors and other specialists) and agency workers at company sites, offices and in company vehicles.
Purpose
The purpose of this policy is to increase awareness of the effects of alcohol and drug misuse and to promote an exceptional safety culture to that end, Also, to ensure that all employees, contractors, and clients are aware of their responsibilities regarding drugs and alcohol misuse and the potential related problems.
Alcohol or drug misuse can increase health and safety risks, not only for the individual concerned but also for others, such as colleagues, contractors, visitors, and members of the public. It can lead to impaired judgment and decision-making ability, and the effects of alcohol or drug misuse are likely to be detrimental to the company’s reputation and its ability to deliver high quality services.
Under this policy:
- The company will comply with current legislation such as The Health and Safety at Work Act 1974, the Misuse of Drugs Act 1971, the Transport and Works Act 1992.
- All our employees, contractors and clients are expected to arrive at our workplaces fit to carry out their roles and to be able to perform their duties safely without any limitations due to the use or effects of alcohol or drugs.
- The Company will provide measures to prevent our employees, contractors, and clients from attending workplaces under the influence of alcohol or illegal drugs for cause and post incident testing.
- This policy will not apply in relation to alcohol if authorisation has been granted in advance of a work-related function or social event. However, attendees are expected to drink responsibly and to behave appropriately so as not to contravene the disciplinary procedure, including by engaging in conduct likely to bring the company into disrepute. This policy will reapply once the individual returns to work (i.e. the day after a work-related event).
- No return to work will be permitted after consuming alcohol at an authorised work-related function such as a “Topping Out Ceremony”
Personnel Responsible for This Policy
Our board of directors (the Board) has overall responsibility for the effective operation of this policy but has delegated day-to-day responsibility for overseeing its implementation to the HR Director.
All staff have a specific responsibility to operate within the boundaries of this policy, to ensure that all staff understand the standards of behaviour expected of them and to act when behaviour falls below its requirements.
Staff will, if appropriate, be given training in:
- The nature and causes of alcohol and drug problems.
- The effect of alcohol and drug misuse on workplace safety and performance
- The assistance that can be provided by outside agencies.
Identifying an Issue
If you notice a change in a colleague’s pattern of behaviour you should encourage them to seek assistance through their manager, Wellbeing Champion, or HR Director. If they will not seek help themselves, you should draw the matter to the attention of your manager. You must not attempt to cover up for a colleague whose work or behaviour is suffering because of an alcohol or drug-related issue.
If you believe that you have an alcohol or drug-related issue, you should seek specialist advice and support as soon as possible.
Definitions
Alcohol: alcohol in any form, including (but not limited to) a beverage, condiment or food additive which contains alcohol.
Alcohol Misuse: any consumption of alcohol, either intermittent or continuous, which interferes with an individual’s health, work capabilities or conduct, or which affects the work performance and/or safety of themselves or others.
Drugs: any drugs or substances (for example, solvents) that affect mood, thought processes and/or perception, available both legally and illegally, including (but not limited to) all those covered by the Misuse of Drugs Act 1971 and the Medicines Act 1968.
Negative (for drugs): the drugs being tested for were not found in the individual’s sample.
Non-negative (for drugs): a preliminary result that indicates one of the drugs tested for may be present in the individual’s sample. The sample will be sent to the laboratory for further analysis, following which the company will receive confirmation of either a negative or positive result.
Contractors: all individuals other than employees carrying out work on behalf of, or providing a service to, the company at all levels, including (but not limited to), consultants, contractors (including subcontractors, trade contractors and other specialists) and agency workers at company sites, offices and in company vehicles.
Drug and substance misuse:
- The use of any controlled drug as defined by the Misuse of Drugs Act 1971 or any statutory re-enactment.
- The accidental or intentional misuse of prescribed or ‘over the counter’ medication; or
- The misuse of substances, e.g. solvents, which can impair behaviour, judgement, or job performance of the individual.
Employees: all those directly employed by 8build Limited.
Test: a test conducted by an external provider on the company’s behalf, using analysis of breath samples for evidence of alcohol consumption and Oral Fluid testing for evidence of recent drugs use.
Positive result to a drugs or alcohol test is deemed to be:
- Drugs: a laboratory confirmed positive drug test result will be recorded if a drug is detected in the donor’s sample for which no legitimate explanation, medical or otherwise, can be found
- Alcohol: two consecutive breath tests both giving a reading above the legal drink drive limit.
The following limit is correct at the time of this policy being published. Should this change, the latest information on the government website – www.gov.uk – will be used, subject to other site specific or client requirements.
- 35 micrograms per 100 millilitres of breath.
Normal working day: the period between the time on any particular day or start of any shift when an individual commences their duties and a time on that day or at the end of any shift when they cease their duties. For the purposes of this policy, normal working day includes (but is not limited to) breaks, overtime, and job-related travel.
Impaired: a person will be considered impaired if they have consumed drugs or alcohol in a quantity and at a time that would cause them to test positive in a drugs or alcohol test in accordance with this policy.
Alcohol & Drugs at Work
Alcohol and drugs can lead to reduced levels of attendance, reduced efficiency and performance, impaired judgement and decision making and increased health and safety risks for you and other people. Irresponsible behaviour or the commission of offences resulting from the use of alcohol or drugs may damage our reputation and, as a result, our business. There may also be heavy machinery, plant, building materials and equipment on site which make it vital that you are never under the influence of alcohol or drugs and health and safety considerations are paramount.
You are expected to arrive at work fit to carry out your job and to be able to perform your duties safely without any limitations due to the use or after-effects of alcohol or drugs. In this policy drug use includes the use of controlled drugs, psychoactive (or mind-altering) substances formerly known as “legal highs”, and the misuse of prescribed or over-the-counter medication.
Employees, contractors, and clients must not drink alcohol during the normal working day at any location under the control of the company. Employees who consume alcohol while at work without authorisation or work under the influence of alcohol may be considered guilty of gross misconduct and will be suspended with immediate effect. Contractors or clients who do the same will be removed from the company’s workplace.
A) Employees Only
Employees who have an alcohol or drug related problem are encouraged to seek help, in confidence, at an early stage.
Any employee suffering from drug or alcohol dependency should declare such dependency.
Such declaration should not be as a consequence of either impending drugs and/or alcohol testing or failing a drugs or alcohol test. The company may subsequently provide reasonable assistance, treating absences for treatment and/or rehabilitation as any other sickness. Where an employee discloses that they are undergoing treatment for a drugs or alcohol related problem, a sympathetic approach will be adopted in managing such issues where appropriate, and these issues will be dealt with fairly and consistently. However, in either case the company reserves the right to apply the normal disciplinary procedure at any time.
If an employee refuses to undergo testing, or does not complete, a course of drug or alcohol related treatment suggested or organised by the company, any subsequent unacceptable behaviour, unsatisfactory performance, irregular attendance, or other adverse consequence may be dealt with in line with the company’s disciplinary procedure.
You must comply with drink-driving laws and drug-driving laws at all times. Conviction for drink-driving or drug-driving offence may harm our reputation and, if your job requires you to drive, you may be unable to continue to do your job. Committing a drink-driving or drug-driving offence while working for us or outside working hours may lead to action under our Disciplinary Procedure and could result in dismissal.
B) Employees, contractors, and clients
If an employee, contractor, or client is taking prescribed or over the counter medication, they must seek advice from their GP or pharmacist about the possible effect on their ability to carry out their job and whether their duties should be modified. If so, employees must tell their line manager or the HR Department as soon as possible and contractors and clients must ensure that the company is made aware. It may be necessary to carry out a specific risk assessment to deal with this change in circumstance, should the Head of Health & Safety request one.
Employees, contractors, and clients are prohibited from taking drugs (other than prescription or over the counter medicine, as directed) during the normal working day. Employees who are identified as taking drugs at work or who are found to be working with traces of drugs in their bodies will initially be suspended and then be subject to the disciplinary process. Contractors and clients will be removed from the workplace. Anyone who takes prescription or over the counter medicines which could adversely affect their ability to carry out their job and who has failed to disclose this to their line manager, the HR Department, or the company, may be treated in the same way.
Types of tests
Testing applies to all employees, contractors and clients and will be carried out by an authorised external provider on behalf of the company. Please contact the Human Resources (HR) Department for details of the current external provider.
- On suspicion / for cause testing and post-accident/incident testing.
Where there is cause to believe that an individual’s behaviour and/or performance at work is impaired by drugs and/or alcohol or they have been involved in an incident or accident, they may be required to undertake a drugs and/or alcohol test.
Some examples of circumstances where this may be appropriate are:- Obvious signs of mental and/or physical impairment.
- Recognition by managers, supervisors or colleagues of symptoms affecting work performance.
- Complaints from any stakeholder indicating that alcohol/drugs may be a factor.
- The discovery of items in possession of an individual that could indicate involvement with alcohol/drugs; and /or after an accident or incident.
A request for an individual to undergo a For-Cause or Post Accident/Incident Test must be authorised by one of: Board Director, Divisional Director, Project Manager/Director or Head of Health & Safety
Random Testing
The company will only undertake random testing if specifically requested by our client, and the exact approach will be tailored to the clients’ requirements accordingly.
Testing methods and outcome
This process will involve the testing of a specimen of breath and/or Oral Fluid testing. Full details of the testing procedure will be explained at the time of the test.
However, by way of brief overview
- Testing for alcohol will be carried out using a breathalyser. If the first breath test is positive, then a second breath test will be carried out immediately and the result of the second test will be conclusive. Breath test results are available at the time of testing.
- Testing for drugs will be carried out using Oral Fluid test. This test will be undertaken at the point of collection. It is test which provides rapid screening at the individuals place of work. In the event of a positive result, a further test, where samples are returned to an accredited laboratory for analysis, is usually required to confirm the positive result. This specimen will be undertaken with a “full chain of custody” protocol in accordance with best practice. During the period whilst waiting for the results from the laboratory, the employee will be suspended, and any contractors and clients will be removed from the workplace pending the outcome of the laboratory test, the result of which will be conclusive, although those tested may request that a positive result be further verified by an independent laboratory. Laboratory analysis typically takes three, but up to five, days. If verification of a positive result is requested, the individual will remain suspended and/or removed from the workplace pending the outcome of the verification laboratory test.
For the purposes of this policy, an unfit state through the consumption of alcohol or drugs is proven or “positive” when test results are above the current drink drive limits (or there are other site specific or client requirements) and/or drugs are detected for which there is no legitimate explanation.
In the event of a positive result for alcohol or a non-negative or positive result for drugs, the company or other relevant employer will offer to assist the individual to make arrangements for their departure from site to avoid the need for them to drive.
A positive test result for drugs or alcohol will be considered a breach of this policy and employees will be subject to disciplinary action. Due to the potential impact on the safety and health of employees, contractors, clients, visitors and members of the public, and the reputation of the company, breaches of this policy by employees are considered gross misconduct and may lead to dismissal.
Refusal to take a test
Refusal by an employee to provide a sample without legitimate reason (this includes leaving a site or office before being tested) will constitute a failure to adhere to reasonable instructions and/or a breach of this policy under the disciplinary procedure. Should an employee refuse to provide a sample they will be suspended on full pay pending the outcome of an investigation under the company’s disciplinary procedure. Any refusal by an individual who is not an employee to provide a sample without legitimate reason will result in that individual being removed from the company premises. Their employer will be notified of this decision.
Test results
All test results will be reported to the appropriate member(s) of the HR Department and disseminated to the individual. The results for individuals who are not employees of the company will also be reported to their employer. Positive results for employees will be reported to an appropriate manager on their site or office location.
The company will retain a record of positive test results for up to one year. Such records may be considered in determining suitability for re-employment or re-engagement during that time. The company will require evidence of negative drug and alcohol testing for three consecutive months prior to returning to site/place of work. Individuals returning to site/their place of work may be subject to additional testing for up to 6 months following their return.
Negative test result reports will be destroyed.
The statistical results of drugs and alcohol testing may also be included in company health and safety reports.
Searches
The company reserves the right to conduct searches for alcohol, drugs, and drugs paraphernalia. This includes searches of lockers, filing cabinets and desks, bags, and vehicles at its work locations. It will ensure that the level of search is fair and reasonable, considering all the circumstances giving rise to it. All searches must be authorised in advance by either a Board Director, Head of Health & Safety, or Divisional Director. If an employee unreasonably refuses to allow such a search, they will be suspended on full pay and the company will undertake a full investigation. This may lead to disciplinary action under the company’s disciplinary procedure, which may result in dismissal for gross misconduct. A contractor or client who is not an employee of the company who unreasonably refuses to allow such a search will be removed from the workplace and, where relevant, this will be reported to their employer.
Managing Suspected Substance Misuse – Employees Only
Where any member of staff considers that a deterioration in work performance and/or changes in patterns of behaviour of a colleague may be due to alcohol or drug misuse, they should seek advice and assistance from their manager or HR Department
If any stakeholder has reason to believe that you are suffering the effects of alcohol or drugs misuse, you will be invited to an investigatory interview.
If you arrive at work and any person reasonably believes you are under the influence of alcohol or drugs, they shall immediately contact your manager or HR Department in order that an investigation can be undertaken if necessary.
If you are referred to the Occupational Health, 8build will request an urgent appointment and prepare a letter of referral, a copy of which will be provided to you.
The Occupational Health provider may ask for your consent to approach your GP for advice. After the assessment, a report will be sent to the HR Department who will then reassess the reasons for their investigatory meeting with you and decide on the way forward.
If, as the result of the meeting or investigation, your manager continues to believe that you are suffering the effects of alcohol or drugs misuse and you refuse an offer of referral to the Occupational Health Department or appropriate treatment providers, the matter may be dealt with under our Disciplinary Procedure.
Providing Support
Alcohol and drug-related issues may develop for a variety of reasons and over a considerable period. We are committed, as far as possible, to treating these problems in a similar way to other health issues. We will provide support where possible with a view to a return to full duties. This may include:
- Referral to appropriate treatment providers, where necessary in conjunction with your GP
- Time off work to attend treatment and recognition of any periods of absence for such treatment as periods of sickness absence.
- Adjusting your duties or other support as recommended by Occupational Health or your GP or specialist during treatment and for an agreed period thereafter, subject to operational requirements and feasibility.
If you do not finish a programme of treatment, or your recovery and return to work does not go as planned, your manager, the HR Director or person appointed by them will meet with you to decide what further action if any should be taken.
Confidentiality
We aim to ensure that the confidentiality of any member of staff experiencing alcohol or drug-related problems is maintained appropriately. However, it needs to be recognised that, in supporting staff, some degree of information sharing is likely to be necessary.
If you seek help with an alcohol or drug-related issue directly from the HR Department and you wish to keep matters confidential from your manager and colleagues, this will be respected unless there is reason to believe that this could put you, your colleagues or anyone else at risk or carries some other material risk for the business. In those circumstances we will encourage you to inform your manager and will give you sufficient time to do so before discussing the matter with them.
Performance & Disciplinary Issues
If you agree to undertake appropriate treatment and/or rehabilitation for an acknowledged alcohol or drug-related problem, we may decide to suspend any ongoing disciplinary action against you for gross misconduct or poor performance, pending the outcome of the treatment.
Our intention is to support all staff with alcohol or drug-related issues to regain good health. Depending on the progress made on the course of treatment, any disciplinary action may be suspended for a specified period, discontinued, or restarted at any time as we see fit.
Further guidance
This policy will be held on the company’s intranet site, G8-Way. New employees will be made aware of the policy at induction.
Contractual status of this policy
This policy does not form part of any employee’s contract of employment. The company has the right to amend the policy at any time and it will communicate any material changes to employees.
Ownership, updates, and queries
The policy is owned by the HR Director and the Head of Health and Safety and will be reviewed periodically. Any questions on the application of the policy should be referred to the HR Department.
For and on behalf of 8build Limited
Lesley Hammond, HR & Finance Director
July 2025
Appendix 1
Sources of external support
Alcohol Dependence
Drinkline
Helpline: 0800 917 8282
Drinkline runs a free, confidential helpline for people who are concerned about their own drinking, or someone else’s.
NHS Choices website
National Health Service advice page.
Drinkaware
Drinkaware works to reduce alcohol misuse and harm in the UK.
Al-Anon
Provide support to anyone whose life is, or has been, affected by someone else’s drinking, regardless of whether that person is still drinking or not.
Alcoholics Anonymous Great Britain
AA is an organisation of people who share their experience with each other hoping to solve their problems and help others to recover from alcoholism.
Drug dependence
NHS Choices website
National Health Service advice page.
WithYou
WithYou is a drug, alcohol and mental health charity. With over 80 services across England and Scotland, we provide support and advice to more than 100,000 people a year.
Talk to Frank
National drugs awareness site for young people and parents/carers.
Narcotics Anonymous
Helpline for the UK: 0300 999 1212.
NA is a non-profit fellowship of recovering addicts who meet regularly to help each other stay clean. Membership is open to anyone with a drug problem seeking help, regardless of what drug or combination of drugs have been used, and irrespective of age, sex, religion, race, creed, or class. The only requirement for membership is a desire to stop using drugs.