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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Alcohol and Drugs Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} provides Care at Home services in Scotland in a safe, lawful, professional and compassionate way by preventing, identifying and responding appropriately to alcohol, drug and substance misuse where it may affect the health, welfare or safety of people who use the service, staff, colleagues or members of the public. This policy supports compliance with the Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011, the Health and Social Care Standards, the SSSC Codes of Practice for Social Service Workers and Employers 2024, health and safety law, road traffic law, data protection law and relevant employment law.

Our commitments include:

• Maintaining a zero-tolerance approach to working while impaired by alcohol, drugs, medication or any other substance, while also offering appropriate support to staff who disclose substance dependency or seek help before safety, conduct or performance is affected.
• Protecting service users from the risks associated with substance abuse.
• Providing support and guidance to employees facing substance-related issues.
• Ensuring compliance with health and safety laws and sector-specific regulations.
• Implementing clear procedures for reporting, testing, and managing substance-related concerns.

2. Scope

This policy applies to:

• All employees, including full-time, part-time, agency, and contract workers.
• Volunteers and external professionals working on behalf of {{org_field_name}}.
• Managers and supervisors responsible for enforcing compliance.

• Staff travelling between visits, driving during work duties, transporting people who use the service, handling medication, supporting personal care, preparing food, managing finances, lone working, or undertaking any other safety-sensitive duty.
• Staff who are on-call, attending training, meetings, supervision, work-related events, or representing {{org_field_name}} in any capacity.
• Conduct outside work where alcohol, drug or substance misuse may call into question the worker’s suitability to work in social services, affect public trust, or create a risk to people who use the service.
• Service users and their families, in relation to staff conduct and safety.

3. Legal and Regulatory Framework

This policy supports compliance with the following legal, regulatory and professional requirements:

• Public Services Reform (Scotland) Act 2010, which provides the statutory framework for the regulation of care services in Scotland.
• Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011, including the duties to provide the service in a way that promotes quality and safety, makes proper provision for the health, welfare and safety of people using the service, and ensures that suitably qualified and competent staff are working in the service.
• Health and Social Care Standards: My support, my life, including the expectation that people experience high-quality care and support that is right for them, are fully involved in decisions, and experience care and support in a planned and safe way.
• SSSC Codes of Practice for Social Service Workers and Employers 2024, including the duties to work lawfully, safely and effectively; report concerns about impaired fitness to practise; avoid unnecessary risk; uphold public trust; and for employers to support workers, maintain safe systems, and make referrals where fitness to practise may be impaired.
• Health and Safety at Work etc. Act 1974, which requires employers to protect the health, safety and welfare of employees and others affected by the work.
• Management of Health and Safety at Work Regulations 1999, including the duty to assess and manage workplace risks.
• Misuse of Drugs Act 1971 and associated controlled drugs legislation.
• Road Traffic Act 1988, including offences relating to driving or attempting to drive while unfit through drink or drugs.
• Data Protection Act 2018 and UK GDPR, including requirements for fairness, transparency, confidentiality, data minimisation, lawful processing and secure handling of health-related information.
• Equality Act 2010 and Equality Act 2010 (Disability) Regulations 2010, noting that addiction to alcohol, nicotine or another substance is generally not treated as a disability in itself, unless it originally resulted from medically prescribed drugs or other medical treatment. However, related physical or mental health conditions may be protected disabilities and must be considered appropriately.
• Adult Support and Protection (Scotland) Act 2007, where alcohol, drug or substance misuse creates or contributes to adult protection concerns.
• Protection of Vulnerable Groups (Scotland) Act 2007, where conduct raises concerns about suitability to do regulated work.

3.1 Definitions

For the purpose of this policy:

• Alcohol misuse means the use of alcohol in a way that may affect a worker’s judgement, behaviour, attendance, reliability, performance, safety or ability to provide safe care and support.
• Drug misuse means the use, possession, supply or being under the influence of illegal drugs, controlled substances used unlawfully, or prescribed or over-the-counter medication used other than as directed.
• Substance misuse includes misuse of alcohol, illegal drugs, controlled drugs, prescribed medication, over-the-counter medication, solvents, psychoactive substances, or any other substance that may impair judgement, behaviour, coordination, concentration or safety.
• Impairment means any effect of alcohol, drugs, medication or substances that may reduce a worker’s ability to work safely, lawfully, professionally or effectively.
• Safety-sensitive duties include, but are not limited to, personal care, medication support, moving and assisting, food preparation, driving, lone working, entering people’s homes, responding to emergencies, handling money or property, and supporting people who may be at risk of harm.

4. Prohibited Substances and Behaviour

4.1 Alcohol and Drugs in the Workplace

• Staff must not consume alcohol, use illegal drugs, misuse medication, possess illegal drugs, supply drugs, or attend work while impaired by alcohol, drugs, medication or any other substance. This applies while on duty, on-call, travelling between visits, attending a person’s home, driving for work, attending training or meetings, or representing {{org_field_name}}.
• Staff must inform their line manager, in confidence and as soon as reasonably practicable, if prescribed or over-the-counter medication may affect their ability to work safely. Staff are not required to disclose a diagnosis unless this is necessary to assess work-related risk, but they must disclose any work-related restriction, warning or side effect that may affect safe practice, driving, decision-making, alertness, manual handling, medication support or lone working.
• Managers must treat medication-related information confidentially and only share it where there is a lawful, necessary and proportionate reason, such as protecting the person using the service, the worker or others from harm.
• Employees must not arrive at work under the influence of any substance that may impair judgment, performance, or safety.
• The use of illegal substances outside of work that impacts performance, behaviour, or reputation may also result in disciplinary action.

4.2 Substance Use During Work-Related Events

• Alcohol consumption at work-related events is only permitted with prior management approval.
• Any consumption must be moderate and responsible, and staff must not return to work while under the influence.
• Staff must not attend a visit, return to duty, drive for work, be on-call, or provide care and support after consuming alcohol or using any substance that may impair safe practice. Managers must make alternative staffing arrangements if there is any concern that a worker may be impaired.
• Illegal substances are strictly prohibited at all work-related events, regardless of location.

4.3 Alcohol, Drugs or Substances in a Person’s Home

{{org_field_name}} recognises that staff provide care and support in people’s own homes and must respect people’s rights, privacy, choices and independence. Staff must not remove, handle, dispose of, conceal or interfere with alcohol, drugs, medication or substances belonging to a person who uses the service or another person in the household unless this is part of an agreed care plan, risk assessment, medication procedure, adult protection response, or immediate emergency action to prevent serious harm.

Where alcohol, drugs or substances in a person’s home create a risk to the person, staff, other household members, visitors or the public, staff must report this to their line manager immediately. The manager must consider whether the matter requires:

• an update to the person’s personal plan and risk assessment;
• advice from the commissioning authority, social work, GP, pharmacy, mental health team, alcohol and drug partnership service, or other relevant professional;
• an adult support and protection referral;
• a Care Inspectorate notification;
• police involvement where there is immediate danger, suspected criminal activity, threats, violence, exploitation or risk to life.

Staff must continue to treat the person with dignity and respect and must avoid stigmatising language.

5. Identifying Substance Misuse and Reporting Concerns

5.1 Recognising Signs of Substance Misuse

Managers and staff should be aware of possible signs of alcohol or drug misuse, including:

• Erratic or uncharacteristic behaviour.
• Frequent absenteeism or poor timekeeping.
• Decline in work performance or concentration.
• Physical signs such as slurred speech, unsteady movement, or bloodshot eyes.
• Smell of alcohol, cannabis or solvents, possession of alcohol or drug paraphernalia, or evidence of unsafe medication use.
• Unexplained mood changes, aggression, or confusion.
• Unsafe driving, near misses, falls, errors with medication, missed visits, late visits or failure to follow care plans.
• Unusual drowsiness, over-alertness, agitation, poor coordination, poor judgement or reduced ability to communicate clearly.

These signs do not prove alcohol, drug or substance misuse. They may also indicate illness, disability, distress, fatigue, trauma, medication side effects or another health concern. Managers must respond proportionately, fairly and without assumptions, while prioritising the safety of people who use the service, staff and others.

5.2 Reporting Concerns

Staff must report any concern that a colleague, manager, agency worker, contractor or volunteer may be impaired by alcohol, drugs, medication or another substance immediately to the Registered Manager, duty manager or on-call manager. If the concern involves the Registered Manager, staff must report it to the provider, responsible individual or another senior manager.

Reports must be based on observed behaviour, safety concerns, incidents, disclosures, evidence or reasonable suspicion. Staff must not ignore concerns or attempt to manage the situation informally where there may be a risk to a person using the service.

The manager receiving the concern must record:

• the date, time and location of the concern;
• the name and role of the person raising the concern;
• what was observed, disclosed or reported;
• any immediate risk to people using the service, staff or others;
• immediate action taken;
• whether the worker was removed from duty;
• whether emergency services, police, social work, the commissioning authority, the Care Inspectorate, SSSC or another body were contacted;
• follow-up actions and outcome.

Concerns must be handled confidentially. Information must only be shared with those who need to know in order to protect safety, investigate the concern, meet legal or regulatory duties, or provide appropriate support.

Staff may also use the Whistleblowing Policy where they believe a concern is not being dealt with appropriately, or where they feel unable to report through normal management routes.

5.3 Immediate Action Where a Worker May Be Impaired

Where there is a concern that a worker may be impaired while on duty or due to attend duty, the manager must take immediate action to protect people who use the service, staff and others. This may include:

• instructing the worker not to start or continue care duties;
• arranging safe cover for visits;
• ensuring the worker does not drive for work or transport anyone;
• arranging safe transport home where appropriate;
• seeking urgent medical help if the worker appears unwell or at risk;
• contacting the police where there is immediate danger, suspected illegal drug possession or supply, violence, threats, unsafe driving or risk to life;
• informing the commissioning authority where care delivery is affected;
• notifying the Care Inspectorate where the matter meets notification criteria;
• considering an adult support and protection referral where a person using the service may be at risk of harm;
• beginning a management investigation in line with the Disciplinary Policy, Capability Policy, Sickness Absence Policy or other relevant procedure.

The worker must be treated with dignity and respect. However, safety must take priority and no worker must be allowed to continue providing care or support where there is a reasonable concern that they may be impaired.

6. Testing and Investigation Procedures

6.1 When Testing May Be Required

{{org_field_name}} may request alcohol or drug testing only where it is lawful, necessary, proportionate, justified by health and safety or safeguarding concerns, and permitted by the worker’s contract, staff handbook or written consent arrangements. Testing will not be used routinely or as a substitute for good management, risk assessment, supervision, investigation or support.

{{org_field_name}} reserves the right to request drug or alcohol testing in the following circumstances:

• Following an incident or accident where substance use is suspected.
• If an employee shows signs of impairment that may be linked to substance use.
• As part of a disciplinary investigation into alleged substance misuse.

• Where the worker is undertaking safety-sensitive duties and there is reasonable suspicion of impairment.
• Following a serious medication error, missed visit, accident, incident, near miss, unsafe driving concern, safeguarding concern or allegation of misconduct where substance use may be relevant.
• Where a return-to-work or agreed support plan includes testing as a proportionate control measure, with the worker’s informed consent.

6.2 Testing Process

Any alcohol or drug test must:

• be explained to the worker before it takes place;
• be carried out only with the worker’s consent;
• be undertaken by a competent and accredited provider;
• use reliable procedures that protect the integrity of the sample;
• be limited to substances relevant to the safety concern or policy standard being assessed;
• use the least intrusive method appropriate to the purpose;
• be handled confidentially and in line with UK GDPR and the Data Protection Act 2018;
• be considered alongside all other evidence and not treated as the sole basis for a decision;
• allow the worker to explain any prescribed medication, over-the-counter medication, medical condition or other relevant factor.

Refusal to consent to a test will not be treated as a positive test automatically. However, refusal may be considered as part of the management investigation where testing is reasonable, proportionate, explained to the worker and relevant to safety, conduct or fitness to work.

6.3 Data Protection and Confidentiality in Testing

Information obtained from alcohol or drug testing is confidential health-related information. {{org_field_name}} will only process this information where there is a lawful basis, a clear purpose, and appropriate safeguards. Records will be kept securely, accessed only by authorised persons, retained only for as long as necessary, and not used for unrelated purposes. Where testing arrangements are introduced or changed, {{org_field_name}} will consider whether a Data Protection Impact Assessment is required.

7. Support and Rehabilitation for Staff

7.1 Confidential Support for Employees

{{org_field_name}} is committed to supporting employees dealing with substance misuse by:

• Encouraging open discussions and providing a non-judgmental approach.
• Offering referrals to counselling, employee assistance programmes (EAP), or specialist addiction services.
• Allowing reasonable adjustments where appropriate to aid recovery (e.g., flexible working, phased returns).

Support may include occupational health referral, signposting to alcohol and drug services, temporary adjustments to duties, increased supervision, phased return, agreed review meetings, wellbeing support, or a written support plan. Any support plan must include clear expectations about safe practice, attendance, disclosure of risks, restrictions on duties if needed, review dates and consequences if the plan is not followed.

7.2 Voluntary Disclosure

• Employees are encouraged to seek help proactively before issues impact their work.
• Voluntary disclosure of substance dependency will not lead to automatic dismissal, provided the employee engages in agreed support plans.
• Voluntary disclosure does not remove {{org_field_name}}’s duty to protect people who use the service. Where there is a risk to safe practice, the worker may be temporarily restricted from safety-sensitive duties, including lone working, driving, medication support, moving and assisting, personal care or unsupervised visits, until the risk has been assessed and managed.

7.3 SSSC Fitness to Practise

Where a worker is registered with the SSSC, or is required to be registered, {{org_field_name}} will consider whether alcohol, drug or substance misuse raises a fitness-to-practise concern. A referral to the SSSC may be required where the worker’s health, conduct, behaviour, dependency, dishonesty, criminal conduct, unsafe practice or failure to engage with support may affect their ability to work safely and effectively or may call into question their suitability to work in social services.

Decisions about SSSC referral will be made in line with current SSSC employer referral guidance. Where appropriate, the worker will be informed that a referral has been made, unless doing so would create a risk to an investigation, the worker, people using the service or others.

8. Disciplinary, Capability and Employment Action

Alcohol, drug or substance-related concerns will be managed fairly, consistently and proportionately. Depending on the circumstances, concerns may be managed under the Disciplinary Policy, Capability Policy, Sickness Absence Policy, Health and Safety Policy, Adult Support and Protection Policy, Whistleblowing Policy or referral procedures.

The following may be treated as gross misconduct:

• attending work, being on-call, driving for work or providing care while impaired;
• possessing, using, supplying or distributing illegal drugs while on duty, on work premises, in a person’s home during a care visit, or while representing {{org_field_name}};
• placing a person who uses the service, colleague or member of the public at risk because of alcohol, drug, medication or substance misuse;
• refusing a reasonable management instruction intended to protect safety;
• falsifying records, concealing incidents or failing to report impairment-related concerns;
• criminal conduct that affects suitability to work in social services.

Possible outcomes may include support measures, additional supervision, restrictions on duties, referral to occupational health, written warning, final written warning, dismissal, report to the SSSC, Care Inspectorate notification, adult protection referral, police report or other regulatory action.

No disciplinary decision will be made until a fair investigation has taken place, except where immediate suspension, removal from duty or temporary restriction is necessary to protect safety or support an investigation.

9. Managing Risks and Workplace Safety

9.1 Preventing Workplace Accidents

• Staff must not drive, travel between visits, enter a person’s home, provide personal care, support medication, prepare food, handle money or property, use moving and assisting equipment, lone work, respond to emergencies, or undertake any safety-sensitive duty if impaired by alcohol, drugs, medication or another substance.
• Any suspected impairment must be reported immediately.
• Managers must ensure that visit cover, continuity of care and communication with people using the service are managed safely where a worker is removed from duty.
• Regular safety audits will assess risk factors linked to alcohol or drug use.

9.2 Visitors, Contractors, and Agency Workers

Any visitor, contractor, external professional or agency worker suspected of being impaired while on {{org_field_name}} premises, attending a person’s home on behalf of the service, or working with people who use the service must be asked to stop work immediately where it is safe to do so. The manager must assess any immediate risk, arrange alternative support if required, record the concern, and notify the relevant employer, agency, commissioner, professional body, Care Inspectorate, police or safeguarding authority where appropriate.

9.3 Driving and Travel Between Visits

Staff who drive for work must comply with road traffic law and must not drive while under the influence of alcohol, illegal drugs, medication or any substance that may impair driving. Staff must inform their manager immediately if they are advised not to drive, are charged with or convicted of a drink- or drug-driving offence, receive a driving restriction, or believe medication may affect their ability to drive safely.

Where driving is part of the worker’s role, {{org_field_name}} will assess whether the worker can continue to undertake driving duties safely. Alternative duties may be considered where appropriate, but this will depend on service needs, risk assessment and the worker’s role.

9.4 Adult Support and Protection

Where alcohol, drug or substance misuse may place an adult at risk of harm, or may indicate neglect, exploitation, coercion, self-neglect, financial harm, unsafe care, medication misuse or abuse, staff must follow the Adult Support and Protection Policy immediately. Staff must not delay reporting because they are unsure whether the concern meets the threshold. The Registered Manager or duty manager must consider referral to the local authority adult support and protection team, police, NHS services, commissioning authority and the Care Inspectorate as appropriate.

9.5 Personal Plans and Risk Assessments

Where alcohol, drug, medication or substance-related risk affects the care and support of a person using the service, the person’s personal plan and risk assessment must be reviewed and updated. This may include risks linked to self-neglect, medication safety, falls, nutrition, hydration, finances, mental health, exploitation, aggression, environmental safety, missed visits, refusal of care, or risk to staff.

The person and, where appropriate, their representative, family, carer, social worker, GP, pharmacist, mental health team, alcohol and drug service or other relevant professional must be involved in the review. The plan must identify the agreed actions, who is responsible, how risks will be reduced, and when the plan will be reviewed.

10. Monitoring and Continuous Improvement

To ensure compliance and effectiveness, {{org_field_name}}:

• Conducts regular reviews of workplace risks and incidents.
• Provides ongoing training on substance misuse awareness.
• Ensures policy updates in response to regulatory changes.
• Engages with occupational health professionals to support best practices.

• Audits records of alcohol, drug, medication and substance-related concerns, including management response, notifications, referrals, outcomes and learning.
• Reviews whether staff understand how to report concerns about impairment, adult protection, unsafe practice and fitness to practise.
• Monitors whether testing, where used, remains lawful, proportionate, necessary and compliant with data protection requirements.
• Reviews any related complaints, incidents, missed visits, medication errors, accidents, near misses, driving concerns, adult protection referrals, whistleblowing concerns and staff support plans.
• Uses learning from incidents to update risk assessments, personal plans, training, supervision and staffing arrangements.

10.1 Training, Induction and Supervision

All staff must be made aware of this policy during induction and must receive refresher information through supervision, team meetings, training or policy updates. Managers must ensure staff understand:

• the signs of possible impairment;
• how to report concerns;
• immediate action to protect people who use the service;
• confidentiality and record keeping;
• medication and driving responsibilities;
• adult support and protection links;
• SSSC fitness-to-practise responsibilities;
• Care Inspectorate notification requirements;
• support available to staff.

11. Related Policies

This policy should be read alongside:

• Health and Safety Policy.
• Safeguarding and Adult Protection Policy.
• Whistleblowing Policy.
• Staff Training and Development Policy.
• Regulatory Compliance with the Care Inspectorate Policy.

• Adult Support and Protection Policy.
• Medication Policy.
• Lone Working Policy.
• Driving at Work Policy.
• Disciplinary Policy.
• Capability Policy.
• Sickness Absence and Attendance Management Policy.
• Data Protection and Confidentiality Policy.
• Incident Reporting and Notification Policy.
• Complaints Policy.
• Staff Code of Conduct.
• Safer Recruitment Policy.
• Supervision and Appraisal Policy.
• Personal Planning and Risk Assessment Policy.

11.1 Care Inspectorate Notifications

The Registered Manager or delegated senior manager must consider whether an alcohol, drug, medication or substance-related concern requires notification to the Care Inspectorate. Notification may be required where the concern involves or contributes to an accident, incident or injury; allegation of abuse; allegation of misconduct by a provider or employee; adult protection concern; police involvement; significant risk to a person using the service; or another notifiable event.

Notifications must be made through the Care Inspectorate’s current notification system and within the required timescale. The manager must keep a record of the decision, including the reason if a notification was not made.

11.2 Records and Confidentiality

All concerns, decisions, investigations, support plans, testing arrangements, referrals, notifications and outcomes under this policy must be recorded clearly, accurately and contemporaneously. Records must be factual, respectful, free from judgemental language, and limited to information that is relevant and necessary.

Records must be stored securely and shared only with those who need the information for safeguarding, health and safety, employment, regulatory, legal or professional reasons. Records must be retained in line with {{org_field_name}}’s record retention schedule and data protection requirements.

12. Policy Review

This policy will be reviewed at least annually, or sooner if there is a change in legislation, Care Inspectorate guidance, SSSC guidance, Health and Social Care Standards, employment law, data protection guidance, organisational learning, incident trends, inspection findings or operational practice. The Registered Manager is responsible for ensuring that staff are informed of changes and that revised procedures are implemented in practice.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.