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Drug and Alcohol Policy

A completed fictional policy for a Welsh logistics employer covering impairment, proportionate testing, support, safety-critical work and fair process.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# DRUG AND ALCOHOL POLICY

Date: 6 January 2033

Parties: Cwm Valley Logistics Ltd and its employees, workers and contractors

## 1. Purpose and parties

Cwm Valley Logistics Ltd, company number 07184216, adopts this policy on 6 January 2033 for its depot at Unit 8, Taff Industrial Estate, Cardiff CF11 8TT. It applies to 86 employees, agency workers and contractors while working, on company premises, driving for work or representing the company. The policy owner is HR Director Nia Roberts and the operational owner is Transport Manager Gareth Lewis.

## 2. Facts, scope and terms

A person must not attend, remain at, or perform work while impaired by alcohol, an illegal drug, or medication whose effects make the work unsafe. Possessing, supplying or using illegal drugs at work is prohibited. Alcohol is not permitted during working time or before a safety-critical shift where it could impair performance. A driver must comply with the Road Traffic Act 1988 limits; no employee may drive after drinking or while unfit through drugs.

## 3. Process and responsibilities

Forklift drivers, HGV drivers and loading-bay controllers are safety-critical roles. Managers may record objective observations such as smell, speech, coordination, unsafe operation or a credible incident report, and must speak privately with the person, arrange a safe journey home and preserve evidence. Immediate removal from safety-critical duties is a precaution, not a finding of misconduct, and pay and suspension decisions will follow the contract and a fair assessment.

## 4. Evidence, records and safeguards

Testing may occur only where there is documented reasonable suspicion, after a significant accident or near miss, or before and randomly during safety-critical work under a neutral selection procedure. Cwm Valley will use an accredited provider for breath alcohol and oral-fluid drug testing, obtain informed consent, explain the process and offer a private retest of a non-negative result. Refusal without a reasonable explanation may be investigated as conduct, but is not automatically treated as proof of impairment.

## 5. Review, escalation and outcome

Results are confidential health information. The company will process only what is necessary under UK GDPR and the Data Protection Act 2018, restrict access to HR and occupational-health personnel, retain a confirmed result for 12 months after the case closes, and retain an anonymised trend for five years. A medical practitioner may explain fitness for work without disclosing a diagnosis; the employee may correct factual errors and will receive the evidence relied upon.

## 6. Reservations and practical protections

Employees are encouraged to self-refer to the confidential Vale Support Service on 0800 555 0148, available 24 hours, or request an occupational-health referral before a test or incident. A voluntary disclosure will not automatically trigger discipline; the company may agree treatment leave, temporary adjusted duties and a review after 28 days. Safety, attendance and performance still have to be managed, and disciplinary action remains possible where risk, supply, dishonesty or repeated unsafe conduct cannot be managed.

## 7. England and Wales law and completion

This completed fictional policy is governed by England and Wales law and will be reviewed on 6 January 2034. Any formal disciplinary allegation will be put in writing, investigated proportionately, heard under the ACAS Code principles, and accompanied rights will be explained; an appeal will be available within 5 working days. Nothing removes statutory health-and-safety duties, discrimination protections, confidentiality obligations or the duty to make reasonable adjustments.

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