Substance & Alcohol Management Policy (SAMP)
The TOX247 simple definition of a SAMP is:
“A set of standards that are applied to a set of people that when breached have a range of consequences to those persons identified. The SAMP should be a RISK MANAGEMENT – MITIGATION protocol, not a RISK GENERATOR” – Trevor Hall
Every SAMP is bespoke to a TOX247 client and like other modules requires the process be operationally Risk Assessed, Risk Managed, and Risk Mitigated.
What is a Substance & Alcohol Management Policy?
1.The SAMP is a crucial component of the modular TOX247 Ltd Workplace Substance Management Programme (WSMP). Like the T&Cs of employment, the SAMP clearly defines the employee's legal duty to be fit for work. Without a SAMP, it becomes difficult to gather evidence when company standards are breached, especially if the SAMP lacks clear, enforceable standards.
2. Many companies mistakenly believe they have a workplace substance management programme simply because they have a policy. However, a policy alone does not constitute a full programme. After reviewing over 4,000 company policies, TOX247 has found none to be fully fit for purpose or legally defensible; some even contain illegal content or applications.
3. It's important to remember that company officers are legally accountable for the business's operations. A well-defined SAMP serves as their defense against criminal and civil liabilities, utilising toxicology as evidence when making formal decisions about workplace substance management and an employee's fitness for work.
4. Therefore, it’s essential for the company to set clear standards and outline consequences for breaches. This applies not only to employees but also to subcontractors and situations requiring formal decisions under Corporate Governance.
5. Employees may refuse to provide samples or participate in the company’s Employee Assistance Programme (EAP), but they must justify these actions. The SAMP is key to managing these situations and addressing non-compliance. Without a clear and enforceable SAMP, the company's management capability is weakened, especially in legal contexts.
Here are some tips for creating a strong SAMP:
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Only include enforceable elements in the SAMP—this is what you'll defend in litigation.
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Avoid including legal acts and sections unless you’re prepared to defend them fully in court.
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Many legal acts are relevant to law enforcement, not workplace procedures.
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Keep the SAMP clear and concise; it should defend your programme and your company.
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Specify which sample mediums will be used and the standards for their use (evidential or non-evidential).
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Define the requirements for the Employee Assistance Programme (EAP) and consequences for non-compliance, including potential pay adjustments.
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TOX247 offers a comprehensive three-part policy: Part 1 – 'About the Policy,' Part 2 – the legally defensible SAMP, and Part 3 – the 'Programme Administration Manual.'