Introduction
%The_Company% is committed to creating a drug and alcohol impairment free workplace to safely achieve its business objectives. This Drug and Alcohol Policy applies to all people working on all sites and while in company vehicles.
Contractors will maintain their own drug and alcohol policies which they will engage with their workers and sub-contractors. %The_Company% policy will be deemed as the minimum standard. Rehabilitation of their workers will be managed in conjunction with their own policies.
Education and Training
An educational programme on drugs and alcohol and their adverse effects, the implications of %The_Company%’s Drug & Alcohol Policy, testing options, how tests are conducted and how to access the drug and alcohol rehabilitation programme is available to all employees and may be extended to Contractors.
Education and management training will be conducted by expert trainers who are qualified in the relevant specialist fields.
Testing procedures
Urine specimens may be collected by a certified collector, qualified to collect specimens and conduct on-site drug screens. The screen is conducted using an AS/NZS 4308: 2008 verified “On Site” device or at an accredited collection agency or screening laboratory. Dilution and other specimen integrity tests will also be undertaken. Any specimen resulting in either a “Non-Negative” screen for a drug class or an indication that the integrity is suspect will be forwarded to an accredited laboratory for confirmatory testing.
Breath alcohol tests may be conducted using an Approved Testing Device which meets the Australian Standard: AS 3547-2000 (Type 2) “Breath Alcohol Testing devices for Personal use”. The threshold level is zero for all Workers.
Testing Options
Workplace drug and alcohol testing:
- Pre-employment testing – All prospective workers may be required to pass a workplace drug and alcohol test. This includes changing jobs from a non-safety-sensitive to a safety sensitive role within the same company.
- Reasonable cause testing – People will be tested where there is reasonable cause to suspect drug and/or alcohol use.
- Post-accident/incident testing – People involved in a significant accident/incident will be tested.
- Random testing – People involved in safety-sensitive operations and/or employed on a safety sensitive site may be tested on a random, unannounced basis.
- Follow-up testing – Occurs after rehabilitation has progressed to the stage when the person is fit to resume normal duties and has returned a negative test.
NB: Random testing can mean the periodic random selection of people to be tested, the random selection of work sites where all people on the site will be tested, or all people within a group being retested at random times within a certain period. The selection will be made by the independent provider.
Drug Testing
All aspects of the testing procedure will be carried out in a confidential and private manner. The procedures will comply with the strict criteria dictated by AS/NZS 4308: 2008: “Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine.”
Alcohol Testing
For the test to be non-negative, there must be a level of alcohol in the person’s system higher than zero micrograms of alcohol per litre of breath.
The level of intoxication and the role held by the employee are important, when considering action, the employer is to take following a positive test. Employers may choose to allow a Worker to keep their position if they agree to a rehabilitation programme and meet specific conditions.
Pre-employment Testing
Appointment of a new employee may be conditional on the applicant returning negative drug and alcohol tests.
- Prospective employees must demonstrate a recent history free of drug and alcohol related issues.
- The applicant will sign an informed consent form (section 6.5) and any applicant refusing to take drug or alcohol tests will not be considered for a position with %The_Company%.
- The applicant may be asked during formal interview if they have a history of drug and alcohol related employment issues with previous PCBUs within the last two years. Failure to answer this question or subsequent proof of a dishonest answer will be classed as serious misconduct.
- Where an applicant is to be offered a position, they may be sent for a urine drugs screen and on occasion an alcohol screening test. If %The_Company% has an approved, calibrated breath-testing device and an approved process, trained managers can conduct the alcohol test.
- If the drug screening result is non-negative or the specimen integrity is in question, laboratory confirmatory testing must be carried out, unless the applicant states they do not wish to proceed.
- The applicant must not have their job confirmed nor start work until negative drug and alcohol tests have been returned.
Post-Accident/Incident Testing
A person will be tested for the presence of drugs or alcohol where they are involved in any incident where circumstances affect workers or customers.
Where a person refuses to undergo a test, the refusal will be treated under the serious misconduct procedures in %The_Company%’s rules and appropriate disciplinary procedures will be applied.
Reasonable Cause Testing
A person will be tested for drugs/alcohol where a manager/supervisor determines that the person’s appearance, actions, or behaviour suggest they may be affected by drugs/alcohol. Normally there will be more than one indicator present. It is recommended that (where possible) the manager/supervisor obtains a second opinion to support their reasonable cause observation(s).
Random Testing
Random drug testing may be carried out on all people working in safety-sensitive operations.
Random ‘unannounced’ on-site drug screening must be conducted by an accredited agency. The alcohol testing will either be conducted by the collector or a trained manager. From the time the person has been notified that he/she has been randomly selected, he/she must be accompanied by a representative until delivered to the collector. The person will be required to provide verification of identity to the collector. All people tested must comply with the instructions of the collector administering the tests.
Follow-Up Testing Requirements
People who have recorded a non-negative drug or alcohol test and have taken part in a rehabilitation programme must undergo six unannounced follow-up drug and/or alcohol tests per year, over the next two years. There must not be more than four months between any two consecutive tests.
A second non-negative test outside the treatment period will result in disciplinary action including dismissal.
Serious Misconduct
The following circumstances are strictly prohibited:
- The use, sale, supply, transfer or possession of drugs or controlled substances in the worksite.
- The use, sale, or supply of alcohol on operational worksites.
- Reporting to and undertaking work with risk amounts of drugs or alcohol in the person’s system.
- A level of drug(s) in the person’s system higher than accepted international standard AS/NZS 4308:2008 “Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine.”
- To have a level of breath alcohol higher than zero micrograms of alcohol per litre of breath.
- Refusal to take a drug/alcohol test when requested to do so by the PCBU.
Rehabilitation
If a %The_Company% direct employee tests non-negative for drugs or alcohol for the first time:
- The staff member will be offered rehabilitation by an approved rehabilitation provider.
- The employee is prohibited from working until they return a negative test result. The employee will be required to take this period as leave, if they have insufficient leave available, they will be required to take leave without pay.
- Random drug tests may be conducted during rehabilitation to determine the progress of the employee. These are not ‘follow-up’ tests.
- When the employee is fit to return to work, the follow-up testing programme commences.
- If the employee tests non-negative for drugs or alcohol for a second time, he or she will be subject to the serious misconduct process, which may lead to dismissal.
Refusal to participate in or complete the rehabilitation programme will be deemed as serious misconduct.
Company Functions and Events
Alcohol will only be permitted and supplied for %The_Company% functions and events at the discretion of the manager who is responsible for the control of alcohol consumption for each %The_Company% function, both on-site and off-site. Any alcohol consumption will be limited to controlled social functions or meetings.
All participants must take personal responsibility for their own behaviour and actions regarding the consumption of alcohol at %The_Company% functions and events, and other occasions.
Privacy
All information gathered due to drug/alcohol testing is collected for implementing %The_Company% policy and achieving its objectives. Management will hold information in a secure filing system.
Information to others outside %The_Company% may be disclosed only with written consent of the employee.
Process for Review
%The_Company% Workplace Drug & Alcohol Policy will be reviewed periodically, and changes may occur at the discretion of %The_Company%, where they are deemed to be necessary.
Misuse of Drugs (Medicinal Cannabis) Regulations 2019
The Misuse of Drugs (Medicinal Cannabis) Regulations 2019 came into effect on 1 April 2020, enabling the Medicinal Cannabis Scheme to become operational. A Medicinal Cannabis Agency has been established to administer the Scheme.
From 1 April 2020, all medical practitioners were able to prescribe medicinal cannabis products consented for distribution (approved) under the Medicines Act 1981 (i.e., Sativex). Ministerial approval and specialist recommendation will no longer be required for these products.
This means that a worker may be prescribed a medicinal cannabis product by their doctor.
In this case, you would need to request saliva testing rather than urine testing for this individual, to prove they are working while impaired, as urine testing will show historical use.
We recommend that you talk to your testing company for more information and educate your workers in what to do if their doctor recommends that they use these products.