A person conducting a business undertaking (PCBUs) has a duty under the Work Health and Safety legislation to ensure that their workers do not put themselves or others at risk when they attend work.
Identifying Drug and Alcohol Risks in The Workplace
There may also have short-term risks arising from time to time e.g. a work Christmas party will present more drugs and alcohol-related risks than a regular Monday in the office.
If you provide funding for a work-related function involving alcohol, the function is considered an extension of the workplace. Therefore, your obligation under health and safety legislation to provide a safe environment continues beyond the normal work setting.
Health and safety risks at functions can be high because alcohol consumption often leads to an increased likelihood of inappropriate behaviour.
Control Measures to Manage Drug and Alcohol Risks
You must implement control measures to manage the risks you have identified and assessed.
Controls you may choose to implement include:
- a drug and alcohol policy
- education and training for workers
- drug and alcohol testing
- directing workers to advise you if they are taking medication that may affect their work
Implementing a Drug and Alcohol Policy
To manage the risks associated with drugs and alcohol in your workplace, it is recommended that a drug and alcohol policy is implemented.
A drug and alcohol policy should include:
- the approach to drug and alcohol risk management, including responsibilities of workers and supervisors/managers
- process for establishing that there is reasonable suspicion that a worker is not fit for work as a result of drug or alcohol use
- a process and triggers for drug and/or Blood Alcohol Content (BAC) testing
- disciplinary action resulting from breaches of the policy and procedure
Before implementing a drug and alcohol policy, consult with workers and health and safety representatives, about the terms of the policy and the reasons for its introduction. This will help reduce any fear, confusion or concerns regarding a perceived invasion of privacy. It is also likely to increase compliance with the policy.
The policy should focus on preventing drug and alcohol abuse rather than punishing workers for using drugs or alcohol.
Communicate the policy to all workers and provide appropriate training so they are in no doubt about its content. Make sure that all of your workers fully understand the drug and alcohol policy and the consequences of breaching it. Ensure all workers sign off as having read and understood the policy. Make sure that you apply the policy fairly and consistently to every worker and ensure continued compliance, provide your workers with timely reminders about the policy, e.g. before work social events.
Organisations must be able to justify zero tolerance on reasonable health and safety grounds. If you do not have sufficient grounds, workers who are disciplined or dismissed under a zero tolerance policy could challenge the reasonableness of your policy. The Fair Work Commission (FWC) will focus on whether a worker poses a risk to themselves or others, rather than the presence of drugs or alcohol in a worker’s system. This should be considered when preparing a drug and alcohol policy.
Providing Workers with Education and Training
Encourage your workers to maintain a healthy lifestyle and highlight the negative health effects caused by drug and alcohol abuse. You must also provide training to your workers in relation to your drug and alcohol policy.
Train your supervisors, managers and health and safety representatives to identify signs of being under the influence at work.
A person affected by drugs or alcohol may become agitated, or even violent, if approached in a confrontational way. Train your managers and supervisors to approach an intoxicated worker in a calm manner that does not put themselves or others at risk.
Undertaking Drug and Alcohol Testing
Drug and alcohol testing is a useful way to reduce health and safety risks in the workplace.
While testing should focus on illegal drugs, they should also test for the abuse of alcohol and legal drugs.
Testing can have its drawbacks e.g. some testing methods focus on the presence of drugs or alcohol in the body rather than the effect of the substance.
Consider the qualifications of staff who will administer tests. Engaging a third-party provider to administer testing is usually an effective option, as they are qualified and completely independent. Testing must be carried out in accordance with AS 4760 – Procedures for specimen collection and the detection and quantitation of drugs in oral fluid or AS/NZ 4308 – Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine.
Identifying Signs of Alcohol or Drug Abuse
Train your managers and supervisors to look out for the following warning signs:
- Violent or aggressive behaviour
- A high level of absenteeism
- Interpersonal problems, e.g. withdrawal from team activities or irritability.
- Poor concentration
- Fatigue
- The smell of alcohol on clothing or breath
- A change in appearance, e.g. appearing unkempt or disheveled
- Reduced output and quality of work
What to include in a Testing Clause
When developing a testing clause in your drug and alcohol policy, be clear on:
- What type of testing method you will use and why
- Who will do the testing
- Who will be tested
- How often testing will be carried out, e.g. annually or as a pre-condition of employment
- When additional testing may be undertaken, e.g. following an incident in the workplace
- What the testing process will be
- The blood alcohol limits that will be in place, e.g. 0.02 blood alcohol level
- What disciplinary measures you will take if:
- workers refuse to undergo testing or
- workers test positive for drugs or alcohol
Should You Discipline a Worker Who Tests Positive?
If you decide to dismiss a worker who tests positive to drugs or alcohol, ensure it is a proportionate response to a breach of the drug and alcohol policy.
The FWC requires you to consider the employment and personal circumstances of a worker before deciding on disciplinary action for breaching a drug and alcohol policy.
Employee Assistance Programs (EAPs)
An employee assistance program is a program designed to enhance the physical and psychological wellbeing of workers.
Ensure confidentiality to anyone who seeks advice or assistance from you and consider implementing rehabilitation strategies for workers who return to work after treatment for addiction.
Implementing a drug and alcohol policy can be complex. Please call the Workplace Relations team on 82912000 for further assistance.
