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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Using Alcohol and Drugs (Staff) Policy

1. Purpose

This policy sets out {{org_field_name}}’s approach to preventing, identifying, and managing issues related to alcohol or drug use among staff. It ensures that we maintain a safe, professional, and supportive working environment where staff are fit to perform their duties and residents are safeguarded from harm. The policy aligns with the Regulation and Inspection of Social Care (Wales) Act 2016, the Health and Safety at Work etc. Act 1974, and CIW’s expectations of safe, responsible, and professional conduct in care settings.

The misuse of alcohol or drugs, including prescription and non-prescription substances, can impair judgment, coordination, and the ability to provide safe care. This policy promotes early intervention, safeguards service users, and supports staff in accessing appropriate help when required.

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, temporary, bank, agency, volunteer, and contracted workers. It relates to conduct during working hours, on work premises, during on-call duties, or when representing the organisation off-site. It also applies where substance misuse outside of work has an impact on an individual’s fitness for duty or professional behaviour.

3. Related Policies

This policy should be read in conjunction with:
CHW11 – Safe Care and Treatment Policy
CHW16 – Health and Safety at Work Policy
CHW18 – Risk Management and Assessment Policy
CHW28 – Staff Conduct and Code of Ethics Policy
CHW31 – Disciplinary and Grievance Policy
CHW29 – Whistleblowing (Speaking Up) Policy
CHW27 – Staff Supervision, Training and Development Policy

4. Policy Details

4.1 Zero Tolerance for Substance Misuse in the Workplace

{{org_field_name}} operates a zero-tolerance policy for staff attending work under the influence of alcohol or drugs. No staff member may:
Report for duty while under the influence of alcohol, illegal drugs, or substances that impair judgment
Consume alcohol or use recreational drugs during working hours, including break times
Store or possess illegal substances or alcohol on site
Administer controlled substances unless as part of authorised care delivery under the Medication Management Policy (CHW21)

4.2 Recognising the Signs of Misuse

All staff are trained to be alert to signs of substance misuse, which may include:
Sudden mood changes, irritability, or confusion
Drowsiness or hyperactivity
Unexplained absences or frequent lateness
Deterioration in work performance, memory, or decision-making
Smell of alcohol or unusual odours
Unsteady gait or slurred speech
Repeated accidents or breaches of procedure

If such indicators are observed, staff are required to report concerns in confidence to their line manager or use the whistleblowing procedure (CHW29).

4.3 Reporting and Responding to Concerns

Concerns about a colleague’s use of alcohol or drugs must be reported immediately to the Registered Manager or designated senior manager. Reports will be handled sensitively, with confidentiality respected in line with CHW34 – Confidentiality and Data Protection Policy. Managers will assess the situation promptly and determine whether the staff member is fit to remain on duty. If a member of staff is suspected to be under the influence during working hours, they will be suspended from duty pending a risk assessment and investigation. In serious or repeated cases, or where there is risk to residents, we reserve the right to initiate disciplinary action, up to and including dismissal, under CHW31.

4.4 Support and Early Intervention

Where substance use is disclosed voluntarily or detected at an early stage, and no harm has occurred, {{org_field_name}} will take a supportive approach. Staff will be encouraged to seek medical advice or referral to addiction support services. We may agree a structured support plan that may include:
Time off to attend rehabilitation
Temporary adjustments to duties or hours
Close supervision and monitoring of performance
Regular review meetings to track recovery and workplace safety

We aim to balance our duty of care to the staff member with our overriding responsibility to safeguard people using our service.

4.5 Use of Prescription or Over-the-Counter Medication

Staff must inform their line manager if they are taking any medication that may impair their ability to carry out their duties safely. This includes sedatives, painkillers, or medications with side effects such as drowsiness or confusion. Medical confidentiality will be respected, and adjustments may be made to tasks or rotas where necessary. Staff must not share their prescribed medication with others under any circumstance.

4.6 Testing for Substance Misuse

Where there is a specific and legitimate concern that a staff member’s use of alcohol, drugs or another substance may be impairing their fitness to work safely, {{org_field_name}} may consider alcohol or drug testing where this is lawful, necessary, proportionate and justified by the risks associated with the individual’s role and the circumstances giving rise to the concern.

Testing will not be undertaken routinely merely to establish whether a staff member has used an illegal substance in their private life. Before requiring testing, consideration will be given to whether less intrusive means are available to establish whether the individual is fit to work safely.

Where testing is undertaken:

• the reason for testing and the circumstances in which testing may take place will be made clear to the staff member;
• the staff member will be informed of the nature and purpose of the test, what substances are being tested for, how the information will be used and the possible employment consequences of the result;
• testing will be limited to what is necessary and proportionate for determining fitness for work or protecting the health and safety of residents, staff or others;
• testing will be undertaken using an appropriate, reliable and properly administered testing method by a suitably qualified external provider where appropriate;
• any consent required for the physical collection of a sample will be obtained in accordance with applicable law;
• the processing of test results and associated health information will comply with the UK General Data Protection Regulation and the Data Protection Act 2018, including the requirement to establish an appropriate lawful basis and, where special-category personal data is processed, an applicable condition for that processing;
• only information necessary for the identified purpose will be obtained, used and retained;
• results will be treated as confidential health information, stored securely and accessed only by persons who have a legitimate need to know; and
• information that is not relevant to the stated purpose will not be retained.

A refusal to undergo testing will not automatically establish that the staff member has misused alcohol or drugs. Any refusal will be considered in the circumstances of the individual case, having regard to the reason for requesting the test, the staff member’s contractual obligations, the safety implications, applicable employment and data protection law, and the organisation’s disciplinary procedure.

Where immediate concerns about fitness for duty or safety exist, {{org_field_name}} will take appropriate precautionary action regardless of whether testing has taken place, in accordance with section 4.3 of this policy and the organisation’s disciplinary and risk-management procedures.

4.7 Managing Substance Misuse, Conduct and Fitness for Work Outside Working Hours

Staff are expected to maintain the standards of conduct, integrity, good character and fitness required for their role in social care both during and, where relevant to their suitability for social care work, outside working hours.

Off-duty alcohol or drug use may be considered by {{org_field_name}} where it has a relevant connection with the staff member’s fitness, conduct or suitability to work in the service. This includes circumstances where the conduct:

• results in the staff member being unfit or unsafe to perform their duties;
• affects their reliability, judgement, competence or ability to provide safe care and support;
• creates a safeguarding or health and safety risk;
• involves criminal behaviour relevant to their role or suitability to work with people receiving care and support;
• raises concerns about their integrity or good character;
• raises concerns about their fitness to practise or professional registration; or
• otherwise raises reasonable concerns about their suitability to work in social care.

Staff must promptly inform {{org_field_name}} of any matter which may affect their ability to perform their role competently and safely. Registered social care workers must also comply with the current Social Care Wales Code of Professional Practice for Social Care Workers, including requirements concerning conduct, fitness to practise and notification of relevant criminal matters.

Where required by the current Social Care Wales Code of Professional Practice, a social care worker must inform both their employer and Social Care Wales if they are arrested or charged with an offence.

Where information is received which may call a staff member’s fitness to work into question, {{org_field_name}} will assess the information promptly and proportionately. The assessment will consider:

• the nature and seriousness of the matter;
• its relevance to the person’s role;
• any actual or potential risk to individuals receiving care and support;
• the staff member’s health and ability to undertake the intrinsic functions of their role, taking account of reasonable adjustments where required;
• the person’s integrity, good character, competence and suitability;
• any safeguarding implications;
• the requirements of the current Social Care Wales Code of Professional Practice or another applicable professional code; and
• whether notification or referral to CIW, Social Care Wales, the Disclosure and Barring Service, the police, the local authority safeguarding team or another professional regulatory body is required.

Where a staff member no longer meets the applicable fitness requirements, {{org_field_name}} will take necessary and proportionate action to protect individuals receiving care and support and to ensure compliance with Regulation 35 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

4.8 Safeguarding, Regulatory Notifications and Professional Referrals

Any concern that alcohol or drug misuse by a member of staff has placed, or may place, an individual receiving care and support at risk will be treated as a potential safeguarding and regulatory matter in addition to any employment or disciplinary matter.

The Registered Manager or designated senior manager must take immediate and proportionate action to protect individuals receiving care and support. This may include removing the staff member from direct care duties, arranging alternative staffing, obtaining medical or emergency assistance, preserving relevant evidence and records, and taking action under the safeguarding and disciplinary procedures.

Where there is an allegation or evidence of abuse, neglect or improper treatment, {{org_field_name}} will:

• act in accordance with its safeguarding policy and the Wales Safeguarding Procedures;
• take immediate action to ensure the safety of individuals receiving care and support;
• make the appropriate referral to the relevant local authority safeguarding service and any other agency required by the circumstances;
• contact the police where a criminal offence is suspected or where immediate police assistance is required; and
• make and retain a clear record of the allegation or evidence, the risk assessment undertaken, action taken, decisions made and all referrals and notifications.

Notification to Care Inspectorate Wales

{{org_field_name}} will comply with Regulation 60 and Schedule 3 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

The service provider must notify Care Inspectorate Wales when an event falls within the notification requirements in Schedule 3. In the context of this policy, this includes, where applicable:

• any abuse or allegation of abuse in relation to an individual which involves the service provider, a member of staff or a volunteer;
• any allegation of misconduct by a member of staff;
• any incident which is reported to the police; and
• any event which prevents, or could prevent, the provider from continuing to provide the service safely.

Unless a different timescale is expressly provided by the Regulations, the notification must be made without delay and in writing, in the manner and form required by Care Inspectorate Wales. In accordance with the statutory guidance, notifications should normally be submitted within 24 hours of the event occurring.

A CIW notification does not replace any safeguarding referral, police referral, Disclosure and Barring Service referral or professional regulatory referral that is separately required.

Social Care Wales and Other Professional Regulators

Where the staff member is registered with Social Care Wales, {{org_field_name}} will consider the matter against the current Social Care Wales Code of Professional Practice for Social Care Workers and the Code of Professional Practice for Social Care Employers.

Where a worker’s fitness to practise may be impaired, {{org_field_name}} will make an appropriate referral to Social Care Wales in accordance with the Employers’ Code and applicable Social Care Wales requirements. Where appropriate, the worker will be informed that the referral has been made.

Where the staff member is registered with another professional regulator, including the Nursing and Midwifery Council where applicable, {{org_field_name}} will make any required referral where the person’s fitness to practise may be impaired, in accordance with the requirements of that regulatory body.

Disclosure and Barring Service

Where the statutory conditions for a Disclosure and Barring Service referral are met, {{org_field_name}} will make the referral required by the Safeguarding Vulnerable Groups Act 2006.

This includes circumstances in which a person has been removed from regulated activity, or would have been removed had they not resigned, retired or otherwise ceased working, and the legal harm test or other applicable referral criteria are satisfied.

The fact that a staff member resigns or otherwise leaves employment will not prevent {{org_field_name}} from completing any safeguarding investigation, regulatory notification or referral which remains necessary or legally required.

4.9 Staff Training, Professional Standards and Organisational Culture

{{org_field_name}} will ensure that staff receive induction, training, supervision, appraisal and ongoing learning and development appropriate to their role and responsibilities and sufficient to enable them to provide safe care and support.

Staff will be made aware of this policy during induction and will be provided with sufficient information and guidance to understand:

• their responsibility to attend work fit to perform their duties safely;
• the requirement to report concerns about their own fitness for work or the fitness or conduct of another worker where safety may be affected;
• the action to take where they suspect that a colleague is impaired by alcohol, drugs, medication or another substance;
• the organisation’s safeguarding, whistleblowing and disciplinary arrangements;
• the circumstances in which alcohol or drug misuse may lead to safeguarding action, regulatory notification, professional referral or disciplinary action; and
• how to obtain appropriate support where they are experiencing problems associated with alcohol, drugs or medication.

{{org_field_name}} will comply with Regulation 37 of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, and the current Social Care Wales Code of Professional Practice for Social Care Employers.

All social care workers will be informed about the current Social Care Wales Codes of Professional Practice and what those Codes mean for their work. {{org_field_name}} will ensure that workers know about and understand the Code of Professional Practice for Social Care Workers and their responsibility to comply with it.

Managers will use the current Social Care Wales Code of Professional Practice when considering concerns about a social care worker’s conduct or fitness to practise and will ensure that appropriate referrals are made where a worker’s fitness to practise may be impaired.

Staff who are registered with another professional regulator must also comply with the professional standards and reporting requirements of that regulator.

Training and supervision records will be maintained in accordance with the organisation’s staff support and development arrangements. Relevant learning from incidents, safeguarding concerns, disciplinary matters, CIW notifications and professional referrals will be considered through supervision, governance and quality-assurance arrangements where appropriate.

{{org_field_name}} will promote an open culture in which staff are encouraged and supported to raise concerns about unsafe practice without fear of victimisation and in accordance with the organisation’s Whistleblowing (Speaking Up) Policy.

5. Policy Review

This policy will be reviewed annually or sooner if:

• There are changes to relevant legislation or CIW guidance
• An incident occurs that highlights a gap in the policy
• Audit or staff feedback indicates that procedures require revision
• Best practice guidance from health, safety, or care sector authorities is updated

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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.