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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Smoking, Alcohol, and Substance Misuse Policy

1. Purpose

The purpose of this Smoking, Alcohol, and Substance Misuse Policy is to set clear expectations and provide guidance to all temporary workers and employees of {{org_field_name}} on the safe, lawful, and professional handling of matters related to smoking, alcohol consumption, and substance misuse. The agency is committed to ensuring that all services delivered by temporary workers meet the highest standards of safety, professionalism, and care. Temporary workers have a duty to act responsibly and professionally at all times, safeguarding the health and wellbeing of service users, themselves, and colleagues.

This policy aims to minimise risks associated with smoking, alcohol, substance misuse, impairment, and unsafe practice. It supports compliance with the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, the Health Act 2006 and related smoke-free regulations, the Misuse of Drugs Act 1971, the Psychoactive Substances Act 2016, the Human Medicines Regulations 2012, the Equality Act 2010, UK GDPR and the Data Protection Act 2018, the Employment Agencies Act 1973, the Conduct of Employment Agencies and Employment Businesses Regulations 2003, the Agency Workers Regulations 2010, and the Employment Rights Act 2025 where applicable.

{{org_field_name}} does not provide regulated care activities and does not hold itself out as a CQC-registered care provider. Where temporary workers are supplied to CQC-regulated clients, they must comply with the client’s lawful policies, procedures, professional requirements, and site-specific instructions.

2. Scope

This policy applies to:

• All temporary workers, agency workers, candidates, employees, contractors, consultants, office staff, and directors engaged by or representing {{org_field_name}}, including registered nurses, healthcare assistants, support workers, and other workers supplied to clients under temporary, casual, zero-hours, variable-hours, or other assignment arrangements.
• The director and all office staff of {{org_field_name}}
• Any premises used by {{org_field_name}} for business operations or training
• All client premises, including nursing homes, residential care homes, and other healthcare establishments where temporary workers are deployed

This policy applies during working hours, on client premises, while representing {{org_field_name}} during assignments, during work-related travel, and while wearing the agency uniform or identity badge.

This policy applies alongside each worker’s contract, assignment details, Key Information Document where applicable, the client’s site rules, and any relevant professional code of conduct. Nothing in this policy removes or reduces any statutory rights that workers may have, including rights under the Agency Workers Regulations 2010, the Employment Rights Act 1996, the Employment Rights Act 2025, the Working Time Regulations 1998, or the National Minimum Wage legislation.

3. Related Policies

• Code of Conduct for Temporary Workers
• Health and Safety Policy
• Disciplinary Policy
• Incident Reporting and Management Policy
• Safeguarding Adults and Children Policy
• Whistleblowing Policy
• Supervision and Appraisal Policy
• Data Protection and Confidentiality Policy
• Equality, Diversity and Inclusion Policy
• Recruitment and Selection Policy
• Right to Work Policy
• Agency Worker Assignment and Conduct Regulations Compliance Procedure
• Medication Management Policy, where relevant to assignments
• Professional Registration and Fitness to Practise Procedure, where relevant
• Mental Health and Wellbeing Policy
• Lone Working Policy, where relevant

4. Policy Statement

{{org_field_name}} is committed to promoting a smoke-free, alcohol-free, and drug-free work environment for the protection of service users, staff, and others. Temporary workers must never undertake assignments, attend client premises, drive or travel for work, administer medication, provide clinical or care-related support, operate equipment, or represent {{org_field_name}} while impaired by alcohol, illegal drugs, unlawfully held controlled drugs, psychoactive substances, misused medicines, solvents, prescribed medication, over-the-counter medication, fatigue, withdrawal symptoms, or any other substance or condition that could affect judgement, behaviour, coordination, concentration, fitness to work, or the safety of service users, colleagues, clients, or the public. All temporary workers are expected to behave professionally and safely at all times, complying fully with this policy, applicable legislation, and the policies of the client organisation.

5. Smoking

5.1 Smoke-Free Premises

In accordance with The Health Act 2006 and associated regulations, {{org_field_name}} maintains a strict smoke-free policy covering:

• The agency’s office premises, vehicles, and training facilities
• All client premises and vehicles, including outdoor areas where the client prohibits smoking

Workers must comply with all smoke-free signs, local rules, and client instructions. Smoking is prohibited in enclosed or substantially enclosed workplaces and work vehicles where smoke-free legislation applies. Any worker who controls or uses a work vehicle must ensure that smoking does not take place in breach of smoke-free requirements.

Temporary workers must adhere to:

• The client’s smoke-free policies during assignments
• The prohibition of smoking while in uniform, even when off duty but still in the public eye
• Only smoking in designated areas during authorised breaks

Electronic cigarettes and vaping devices are not treated as smoking for the purposes of smoke-free legislation, but {{org_field_name}} prohibits vaping in its offices, training rooms, vehicles, client premises, client vehicles, service-user areas, and any location where the client prohibits vaping. Workers may only vape during authorised breaks, away from service users and the public, and only in areas where the client or premises controller expressly permits it.

5.2 Responsibilities of Temporary Workers Regarding Smoking

Temporary workers must:

• Only smoke in designated smoking areas, if permitted by the client
• Avoid smoking on or near client premises when representing {{org_field_name}}
• Ensure they do not carry residual odours from smoking (including vaping) into the workplace as this may affect service users, especially those with respiratory conditions

Failure to comply may lead to removal from assignments and action under the Disciplinary Policy.

6. Alcohol Misuse

6.1 General Prohibition

Temporary workers must not:

• Consume alcohol while on duty, during paid or unpaid breaks on assignment, while on call, while driving or travelling for work, while wearing agency uniform or identification, or while representing {{org_field_name}}
• Report for duty, remain on duty, or accept an assignment where alcohol may affect their fitness to work, judgement, behaviour, concentration, coordination, professional conduct, or safety
• Bring, store, supply, sell, or consume alcohol on {{org_field_name}} premises, in agency vehicles, or on client premises, unless this has been expressly authorised in advance by the client and {{org_field_name}} for a legitimate work-related reason that does not involve providing care or safety-critical duties
• Encourage, pressure, or permit another worker to consume alcohol where this may affect work, safety, safeguarding, professional standards, or client confidence

6.2 Alcohol and Fitness to Work

Temporary workers are expected to present themselves for work in a fit condition. This includes:

• Not attending any assignment under the influence of alcohol
• Being capable of safely and effectively performing assigned duties without impairment

If a temporary worker is suspected to be under the influence of alcohol, they may be immediately removed from duty and reported to {{org_field_name}} and the client organisation. This will be investigated under the Disciplinary Policy.

Any decision to remove a worker from duty will be based on reasonable concern about safety, conduct, impairment, professional standards, or client requirements. Where practicable, the worker will be given an opportunity to respond, and any investigation will be handled fairly, confidentially, and in accordance with the Disciplinary Policy, the worker’s contractual status, and the Acas Code of Practice where applicable. Immediate removal from an assignment is not, of itself, a finding of misconduct.

6.3 Responsibilities of Temporary Workers Regarding Alcohol

Temporary workers must:

• Abstain from alcohol during working hours, during on-call periods, and when representing {{org_field_name}}
• Report to the director if they are experiencing difficulties related to alcohol consumption that may affect their fitness to work
• Engage in any support or intervention plans where appropriate

7. Substance Misuse

7.1 Prohibited, Controlled, Psychoactive and Impairing Substances

Temporary workers must not:

• Use, possess, supply, sell, share, divert, steal, or attempt to obtain illegal drugs or unlawfully held controlled drugs
• Use, possess, supply, or be impaired by psychoactive substances, solvents, or other intoxicating substances in connection with work
• Misuse prescribed medication, over-the-counter medication, controlled drugs, or any substance that may impair judgement, performance, behaviour, or safety
• Attend or remain on assignment while impaired by any substance, whether legal, illegal, prescribed, non-prescribed, controlled, or otherwise
• Bring medication, controlled drugs, or substances onto client premises except where lawfully held for personal use or required as part of authorised work duties under the client’s procedures

Workers who take prescribed or over-the-counter medication that may affect alertness, coordination, judgement, behaviour, concentration, ability to drive, ability to administer medication, or ability to carry out safety-critical duties must inform {{org_field_name}} confidentially before accepting or continuing an assignment. Workers do not need to disclose unnecessary medical details, but they must provide enough information to allow a safe and lawful assessment of fitness to work.

Where medication is lawfully prescribed, including controlled medication, {{org_field_name}} will consider the matter sensitively, confidentially, and on a case-by-case basis. The agency may seek occupational health advice, request confirmation of fitness to work, adjust duties, decline or pause an assignment, or liaise with the client where this is necessary for safety, safeguarding, legal compliance, or professional standards.

7.2 Controlled Drugs

Temporary workers, particularly registered nurses or any worker involved in medicines handling, must follow all applicable law, professional standards, and client procedures relating to medicines and controlled drugs, including:

• The Misuse of Drugs Act 1971
• Client policies regarding the storage, administration, and disposal of controlled drugs
• The obligation to report any suspicion or evidence of drug misuse within the workplace
• Any applicable professional registration requirements, including NMC referral or notification requirements where the worker is a registered nurse or midwife and the concern may affect fitness to practise

7.3 Substance Dependency

{{org_field_name}} is committed to supporting workers affected by substance dependency. Workers are encouraged to:

• Self-declare dependency, relapse risk, medication concerns, or substance misuse concerns as early as possible, without fear of automatic dismissal or automatic removal from all future work, provided that the worker has not placed service users, colleagues, clients, themselves, or the public at unacceptable risk and has not engaged in serious misconduct.
• Seek assistance through occupational health services or external specialist support
• Engage in recovery programmes or support plans

Confidentiality will be maintained unless there is a safeguarding, safety, or legal requirement to share information.

7.4 Medical Cannabis and Lawfully Prescribed Controlled Medication

Some controlled medicines may be lawfully prescribed. Workers must not be treated unfavourably simply because they take lawfully prescribed medication. However, workers must not attend work or accept assignments if the medication, dosage, side effects, underlying condition, or withdrawal effects may impair fitness to work or create a safety, safeguarding, driving, medication-handling, professional, or reputational risk.

Workers who are prescribed medication that may impair performance must follow medical advice, prescription instructions, and any warning labels, including advice about driving, operating equipment, alcohol, drowsiness, concentration, or clinical tasks. {{org_field_name}} may request appropriate evidence of fitness to work, seek occupational health advice, consider reasonable adjustments, and consult the client where necessary and lawful.

7.5 Reasonable Adjustments and Equality

{{org_field_name}} will not discriminate against workers because of disability, health condition, past dependency, prescribed medication, or any other protected characteristic. Where a worker’s condition may amount to a disability, the agency will consider reasonable adjustments where required and where compatible with the safety of the assignment, client requirements, safeguarding duties, professional standards, and the needs of service users.

Reasonable adjustments may include changes to duties, temporary removal from safety-critical tasks, altered assignment arrangements, additional supervision, occupational health input, or signposting to support. Adjustments will not be made where they would create an unacceptable risk to service users, colleagues, the worker, the client, or the public.

7.6 Drug and Alcohol Testing

{{org_field_name}} does not carry out routine drug or alcohol testing unless this is introduced through a lawful, proportionate, and documented process. Testing may only be considered where there is a clear safety, safeguarding, legal, professional, contractual, or client requirement, or where there is reasonable cause to believe that a worker may be impaired or in breach of this policy.

Any testing must be justified, proportionate, explained to the worker in advance where practicable, and carried out using a reliable process that protects dignity, confidentiality, accuracy, chain of custody, and data protection rights. Workers must consent to testing for practical and legal reasons. Refusal to undertake a test where there are reasonable grounds may be considered under the Disciplinary Policy, but refusal will not automatically be treated as misconduct without considering the circumstances.

Test results and related health information will be treated as confidential and processed only where lawful under UK GDPR and the Data Protection Act 2018. Results will only be shared with those who need the information for safety, safeguarding, legal, contractual, professional, or disciplinary reasons.

8. Incident Reporting, Immediate Action and External Notifications

Temporary workers and staff must immediately report to the director any concern that they, another worker, client staff member, or any person on site may be impaired by alcohol, drugs, medication, psychoactive substances, solvents, fatigue, withdrawal symptoms, or any other matter affecting fitness to work.

Concerns must be reported promptly where there is:

• A risk to service users, colleagues, the worker, the client, or the public
• A concern about medication handling, controlled drugs, theft, diversion, falsification of records, or unsafe practice
• A safeguarding concern involving an adult at risk or child
• A concern involving driving, lone working, clinical tasks, moving and handling, or other safety-critical duties
• A concern about professional registration, fitness to practise, or criminal conduct

Where there is an immediate risk, the worker may be removed from the assignment, instructed not to start or continue duties, or asked to remain in a safe location while arrangements are made. {{org_field_name}} will consider whether the worker can travel home safely and may contact an emergency contact, medical assistance, the client, emergency services, the police, safeguarding bodies, the Disclosure and Barring Service, the NMC, or another regulator where necessary and lawful.

All incidents must be recorded clearly, factually, and promptly, including dates, times, witnesses, observed behaviour, action taken, client instructions, and any safeguarding or external notifications. Records must avoid assumptions, labels, or unsupported conclusions.

9. Training

All temporary workers will receive mandatory induction training which will:

• Outline the expectations of this policy
• Reinforce the impact of substance misuse on health and safety, safeguarding, and professionalism
• Promote understanding of support available for those experiencing addiction or dependency
• Outline the legal and professional responsibilities of all healthcare workers in relation to alcohol and substance misuse
• Explain the worker’s duty to declare fitness-to-work concerns, including medication that may affect safety or performance
• Explain how workers should escalate concerns about impairment, controlled drugs, medication errors, unsafe practice, or safeguarding risks
• Explain confidentiality and data protection requirements when handling health, medication, testing, incident, or disciplinary information
• Explain client-specific requirements before or at the start of assignments, including smoking, vaping, alcohol, medication, controlled drugs, and incident reporting rules
• Explain that agency workers must receive assignment information, including known health and safety risks and steps taken to control those risks, where required by the Conduct Regulations

Additional refresher training will be provided where required, especially following incidents or concerns.

10. Director’s Responsibilities

As {{org_field_name}} is a temporary staffing agency and does not provide regulated care activities requiring CQC registration, the director is responsible for:

• Ensuring the policy is communicated effectively to all temporary workers and staff
• Monitoring adherence to this policy through audits, feedback, and incident reporting
• Investigating all breaches of this policy and initiating appropriate actions
• Offering support and guidance to workers who voluntarily disclose dependency issues
• Ensuring compliance with relevant legislation and regulatory requirements
• Reviewing this policy annually and updating it in response to changes in legislation, professional standards, or best practice
• Liaising with client organisations to ensure agency workers are familiar with and adhere to the clients’ own smoking, alcohol, and substance misuse procedures
• Ensuring the agency does not describe itself as providing regulated care unless it is lawfully registered to do so
• Ensuring clients remain responsible for directing and supervising workers during assignments, unless otherwise agreed in writing and lawful
• Ensuring the agency obtains and records sufficient information from clients about role requirements, risks, duties, qualifications, experience, training, health and safety, and suitability requirements before supplying workers
• Ensuring workers are not supplied to assignments where known information indicates they may be unsuitable, unsafe, impaired, unqualified, unregistered, or otherwise unable to meet the client’s lawful requirements
• Ensuring any health, medication, testing, incident, disciplinary, or safeguarding information is processed in accordance with UK GDPR, the Data Protection Act 2018, confidentiality requirements, and the agency’s retention schedule
• Ensuring any use of umbrella companies, payroll intermediaries, or labour supply chain arrangements complies with current employment, tax, agency work, and worker protection requirements

11. Implementation, Monitoring and Compliance

The director ensures this policy is implemented efficiently by:

• Incorporating the policy into worker induction and contracts
• Embedding compliance monitoring within placement evaluations, incident reviews, and supervision sessions
• Maintaining open communication channels for workers to disclose concerns safely
• Establishing partnerships with external agencies, where necessary, to support staff experiencing difficulties
• Ensuring that workers understand their professional responsibility to report fitness to practise issues affecting themselves or colleagues
• Collaborating with client organisations to manage concerns jointly when they arise on assignment
• Ensuring that temporary workers are not penalised for seeking help related to dependency but taking proportionate action if safety is compromised

The director will monitor compliance with this policy as part of the agency’s wider legal duties under employment agency legislation, health and safety law, data protection law, equality law, agency worker legislation, and labour market enforcement requirements. Where concerns indicate possible exploitation, unlawful deductions, unsafe work, modern slavery, serious labour abuse, or repeated non-compliance, {{org_field_name}} will consider appropriate escalation, including to the Fair Work Agency, safeguarding bodies, the police, professional regulators, or other competent authorities.

12. Support for Workers

{{org_field_name}} supports a health-led and non-punitive approach where workers proactively disclose alcohol, drug, medication, dependency, relapse, mental health, or fitness-to-work concerns before safety, safeguarding, professional standards, or client confidence are compromised.

Support may include:

• Adjustment of duties where safe and appropriate
• Access to signposted professional support services
• Increased supervision during recovery
• A formal action plan agreed between the worker and the director

In cases where safety is compromised or where a worker refuses support, disciplinary procedures may be applied.

Support will be handled confidentially wherever possible. However, confidentiality cannot be guaranteed where disclosure is necessary to protect service users, children, adults at risk, colleagues, the worker, the public, the client, or {{org_field_name}}, or where disclosure is required by law, contract, professional regulation, safeguarding duties, or a competent authority.

13. Data Protection, Confidentiality and Records

Information about alcohol use, drug use, medication, dependency, test results, health conditions, occupational health advice, incidents, safeguarding concerns, disciplinary matters, and fitness to work may include personal data, special category data, and, in some cases, criminal offence data. {{org_field_name}} will process such information lawfully, fairly, transparently, securely, and only where necessary for legitimate purposes such as health and safety, safeguarding, employment management, legal compliance, professional regulation, client safety, or the establishment, exercise, or defence of legal claims.

Access to such information will be limited to those who need to know. Information will only be shared with clients, healthcare professionals, occupational health advisers, safeguarding bodies, professional regulators, DBS, the police, insurers, legal advisers, payroll providers, or other third parties where there is a lawful basis and a genuine need to share it.

Records must be factual, accurate, relevant, and proportionate. They must not include unnecessary medical details, unsupported assumptions, or excessive information. Records will be retained only for as long as necessary in accordance with the agency’s retention schedule and legal obligations.

14. Agency Worker Rights and Assignment Arrangements

This policy must be applied consistently with agency worker rights and employment business obligations. {{org_field_name}} will not use this policy to avoid paying workers correctly, to withhold wages unlawfully, to penalise workers for asserting statutory rights, or to remove workers from assignments for discriminatory or retaliatory reasons.

Where a worker is removed from an assignment because of suspected impairment, safety concerns, client concerns, or breach of this policy, {{org_field_name}} will consider the worker’s contractual status, assignment terms, statutory rights, pay obligations, reporting duties, and any applicable requirements relating to reasonable notice of shifts, cancelled, moved, or curtailed shifts, and guaranteed hours.

Where required, {{org_field_name}} will provide workers with clear assignment information and will maintain records required under the Conduct of Employment Agencies and Employment Businesses Regulations 2003, Agency Workers Regulations 2010, Working Time Regulations 1998, National Minimum Wage legislation, and Employment Rights Act 2025.

15. Policy Review

This policy will be reviewed at least annually by the director of {{org_field_name}}, or sooner where required by changes in law, statutory guidance, agency operations, client requirements, professional standards, safeguarding practice, data protection requirements, labour market enforcement expectations, or following any serious incident or repeated concern. Updated versions will be shared with relevant workers and staff, and where appropriate with clients.

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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.