Archived decisions

Hampshire Fire and Rescue Authority

Item

25 September 2002

Service Order on Substance Misuse

Report of the Chief Fire Officer

Contact: P B Crisford Divisional Officer 023 8064 4000 ext 5341

1

Introduction

1.1

Hampshire Fire and Rescue Service is concerned with the welfare of all its employees and the community it serves. It aims to provide a safe and healthy working environment. A key factor in this provision is to ensure that our employees do not misuse drugs or alcohol nor are they, or members of the public, exposed to the consequences of misuse by others.

1.2

Hampshire Fire and Rescue Service has recognised the need to confront, and tackle, some of the alarming facts surrounding alcohol and drug misuse in modern society, for example:

90% of the average work force drinks alcohol.

Alcohol misuse costs England £10bn per year.

1 person in 13 is dependent on alcohol.

40% of the Nation's workforce under the age of 40 have experimented with illicit drugs.

In 2000 there were 118,500 people receiving treatment from drug misuse agencies or GPs.

In six months alone in 2000 nearly 40,000 new people sought help for drug problems in the UK.

There are as many as 266,000 problem drug users in the UK.

At least 50% of all crime is drug related.

The cost to UK industry of drug use is estimated at £800m per year.

25% of those seeking help for drug problems are in employment.

Regular substance misusers are:

· 3.6 times more likely to be involved in an accident at work

· 3 times more likely to have sickness leave (8 days or more)

· 5 times more likely to file a compensation claim

· 10 times more likely to be late

Source: Grendonstar

1.3

To effectively meet the `Arrangements for Heath and Safety' that are required to be made as part of the Service's legislative responsibility for providing a `Safe Place of Work', HFRS are proposing to introduce a revised Service Order on Substance Misuse.

1.4

Risk Assessments are required to be undertaken by the `Management of Health and Safety at Work Regulations 1999'. These require employers to assess the risks to the health and safety of employees to which they are exposed whilst at work. Such a risk would include that posed by employees not being fit to undertake tasks due to the misuse or abuse of drugs or alcohol.

1.5

Currently there are proposals to add a duty to fully investigate any workplace accident, and determine its root cause, to the requirements to report accidents under the Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 1995 (RIDDOR).

2

Background

2.1

There are currently two separate Service Orders on Alcohol at Work and Drugs at Work, which were last reviewed in 1999. It would be appropriate to amalgamate them into one Service Order on Substance Misuse. The contents will be revised and enhanced to reflect our duty of care as a responsible employer, and to ensure that our employees are aware of the consequences of substance misuse and the support that will be available to them, or their colleagues, if necessary.

2.2

The revised Service Order is part of the Personnel Performance Management Plan for 2002/3. The policy adopted must meet the Service needs, comply with health and safety expectations and be fair and supportive to our employees. Some preliminary fact-finding has already begun and contact has been made with other Fire Services (South Yorkshire and Humberside), as well as professional consultants in this field.

2.3

It is anticipated that a programme of implementation will begin for the new Service Order in early 2003

2.4

This proposal was first put to the HFRA Personnel Committee on 19 June 2002

3

Draft Service Order- Substance Misuse

3.1

The proposed Service Order will cover:

· Raising Awareness

· Employee Support

· Testing

· Possession and Dealing

3.2

In line with the Service's approach to Partnership Working, the representative bodies have been invited to work with management on the development of this Service Order.

3.3

Early indications are that the Trades Unions are broadly supportive of the approach being proposed. However, there remains some work to do to fully convince some of the representative bodies of the health and safety benefits of introducing a random testing procedure.

4

Financial Implications

4.1

The `testing' and support aspects of this Service Order are likely to have resource implications, and this may be the subject of a separate budget bid at a later stage once more information is available through the research process.

5

European Convention on Human Rights and the Human Rights Act 1998

5.1

The proposals within this report are compatible with the provisions of the European Convention on Human Rights and the Human Rights Act 1998, and considered in the light of the Race Relations (Amendment) Act 2000. This legislation will have an ongoing contribution in the development of this policy.

5.2

The Human Rights Act 1998 aims to ensure that the rights of the individual as well as that of the community are protected. Although Article 8 of the Act covers individuals right to a private life, one individual's rights may have to be balanced against another's. The act allows for `interference' where the aim is for the protection of others within existing legislation.

5.3

In drafting the revised Service Order, attention will need to be paid to the Race Relations Amendment Act 2000. Although it is not anticipated that there will be any conflict between the draft proposals and the cultural issues referred to this act.

Recommendation

That the Authority notes the contents of this report and endorses the approach taken.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report.

The Fire Service Discipline Regulations.

Management of Health and Safety at Work Regulations 1999.

Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 1995 (RIDDOR).

Race Relations Amendment Act 2000.

Note: The list excludes:

1 Published works

2 Documents that disclose exempt or confidential information as defined in the Act

Dir.fin HFRA 25 10 2002 - SO Substance Misuse 12 9 2002