Drug and Alcohol Policy - Template, Sample Form Pro · AU-law

DRUG AND ALCOHOL POLICY

________ (ACN ________) ("Employer")

of ________

Effective date: ________

Version: ________   |   Next review date: ________

This Drug and Alcohol Policy ("Policy") applies at all times to all employees of the Employer ("Employees"), and so far as is reasonably practicable to contractors, labour hire workers, volunteers and visitors at any workplace controlled by the Employer, unless the Employer expressly provides otherwise.

The Employer is committed to providing and maintaining, so far as is reasonably practicable, a safe and healthy workplace for all workers in accordance with its primary duty of care under the model Work Health and Safety Act (as adopted in ________) ("WHS Act") and the associated Work Health and Safety Regulations. The misuse of alcohol and drugs is a health and safety risk for the user and for those around them, and can impair judgment, coordination and performance.

This Policy is to be read together with, and is supplementary to, the Employee's contract of employment and any applicable modern award or enterprise agreement made under the Fair Work Act 2009 (Cth). To the extent of any inconsistency, the National Employment Standards, the applicable award or enterprise agreement and any applicable legislation prevail.

This Policy is a workplace policy only. Except where expressly stated, it does not form part of any contract of employment and does not create contractual obligations. The Employer may vary, replace or withdraw this Policy from time to time after appropriate consultation with workers in accordance with the WHS Act.

(1) ALCOHOL

(a) It is strictly prohibited for an Employee to attend for or perform work for the Employer while affected or impaired by alcohol.

(b) The consumption of alcohol during work hours, or while on Employer premises, vehicles or worksites, is strictly prohibited unless expressly authorised in writing by the Employer (for example, at a sanctioned work function), and then only in moderation and consistent with the Employee's obligations under this Policy.

(c) The Employer acknowledges that the lawful consumption of alcohol in an Employee's own time is a lawful activity. However, the Employer requires that any such consumption does not impair the Employee's ability to attend for and perform their duties safely and competently, and does not otherwise place the health or safety of the Employee or any other person at risk.

(d) For the purposes of this Policy, the acceptable blood (or breath) alcohol concentration limit applicable to Employees while at work is ________, subject to any higher standard imposed by law for safety-sensitive or licensed work.

(2) ILLICIT DRUGS

(a) It is strictly prohibited for an Employee to attend for or perform work for the Employer while affected or impaired by an illicit drug.

(b) It is strictly prohibited for an Employee to perform work where the Employee's performance, judgment, coordination, well-being or safety, or the safety of any other person, is or could reasonably be impaired as a result of the Employee's use of an illicit drug.

(c) The manufacture, possession, distribution, supply, offer, sale, purchase or consumption of illicit drugs during work hours, on Employer premises, vehicles or worksites, or at any Employer-related event, is strictly prohibited and may also constitute a criminal offence which the Employer may report to the relevant authorities.

(d) In this Policy, "illicit drug" means any drug, substance or preparation the possession or use of which is prohibited or restricted under any applicable Commonwealth or State or Territory law (including any drug used otherwise than in accordance with a current and lawful prescription).

(3) LAWFUL AND PRESCRIPTION DRUG USE

Where an Employee uses prescription or over-the-counter medication for legitimate purposes, and that use may reasonably be expected to impair the Employee's ability to perform their duties safely and competently, or otherwise to create a work health and safety risk:

(a) the Employee must notify their manager or the contact person named in clause (10) as soon as reasonably practicable, while remaining entitled to keep confidential the underlying medical condition;

(b) the Employer may, after consultation with the Employee, temporarily reassign the Employee to alternative duties, or make reasonable adjustments, until the Employer is reasonably satisfied that the Employee is fit for their usual duties; and

(c) the Employer will deal with any related medical information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and consistently with its obligations not to discriminate on the basis of disability under the Disability Discrimination Act 1992 (Cth) and applicable State or Territory anti-discrimination legislation.

(4) TESTING

(a) For the purpose of meeting its duties under the WHS Act, the Employer may require an Employee to submit to drug and/or alcohol testing in the circumstances set out in this clause. Any testing will be conducted in a manner that is lawful, reasonable, procedurally fair and consistent with applicable Australian Standards (including AS/NZS 4308 and AS 4760 for drug testing and AS 3547 for breath alcohol testing).

(b) The Employer may require an Employee to submit to routine testing at the following intervals: ________.

(c) The Employer may require an Employee to submit to random testing.

(d) Where the Employer has a reasonable suspicion (for example, following an incident, near miss, or observed signs of impairment) that an Employee is affected or impaired by drugs or alcohol during work hours, the Employer may direct the Employee to immediately stop work and to submit to a drug and/or alcohol test.

(e) The tests referred to in this clause may include:

(I) a urine test;

(II) a blood test;

(III) a saliva (oral fluid) test;

(IV) a breath test; and

(V) any other lawful and reasonable testing method conducted by a suitably qualified person that the Employer reasonably considers appropriate in the circumstances.

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(g) An Employee who, without reasonable excuse, refuses or fails to submit to a lawful and reasonable direction to undergo testing under this clause may be treated as having breached this Policy and may be dealt with under clause (8).

(h) Where an Employee returns a confirmed non-negative test result for drugs and/or alcohol, the matter will be handled, and the Employee may be disciplined, in the following manner:

________

(5) SAFETY

(a) The health and safety of all workers, and of any other person who may be affected by the conduct of workers, is of paramount importance to the Employer.

(b) Each Employee has a duty under the WHS Act to take reasonable care for their own health and safety, to take reasonable care that their acts or omissions do not adversely affect the health and safety of others, and to comply with reasonable instructions, including this Policy.

(c) An Employee must not undertake any task or operate any equipment, vehicle or machinery while their performance, judgment, coordination or well-being is, or could reasonably be, impaired by drugs and/or alcohol.

(d) Where an Employee is, or reasonably appears to be, impaired by drugs and/or alcohol, the Employer may direct the Employee to immediately stop work and may require the Employee to leave the workplace in a safe manner.

(e) The Employer may take any reasonable steps it considers necessary to ensure the safety of the Employee and of others, including arranging safe transport for the Employee where appropriate.

(6) OBSERVING AFFECTED WORKERS

(a) All Employees share responsibility for assisting the Employer to provide a safe and professional workplace and for looking out for the welfare of their co-workers.

(b) If any Employee ("Observing Employee") reasonably suspects that another Employee ("Impaired Employee") is impaired by drugs and/or alcohol in contravention of this Policy, then the Observing Employee should:

(I) where safe and appropriate to do so, take any reasonable step to minimise the risk posed by the Impaired Employee (for example, by encouraging them not to handle dangerous equipment or interact with the public); and

(II) notify the Employer (or a manager) as soon as reasonably practicable.

(c) Any communication between the Observing Employee and the Employer or manager will be handled in strict confidence so far as is reasonably practicable.

(d) If the Observing Employee does not feel safe, is not comfortable, or does not consider it appropriate to approach the Impaired Employee, the Observing Employee may instead simply notify the Employer (or a manager) so that the matter can be addressed.

(e) The Employer's first priority is not to punish Employees, but to ensure a safe and professional workplace. No Employee will be subjected to any detriment for raising a genuine concern in good faith under this clause.

(7) EMPLOYER SUPPORT

(a) The Employer acknowledges that drug and alcohol dependence are health issues that can, in many cases, be successfully managed and treated.

(b) While the Employee remains responsible for their own actions and recovery, the Employer is committed to supporting Employees who are willing to take the steps necessary to address these issues.

(c) The Employer may provide access to an Employee Assistance Program and/or a referral to a relevant treatment provider where treatment is required. The Employer's Employee Assistance Program (if any) may be contacted at: ________.

(d) The Employer will provide relevant information regarding drug and/or alcohol support and treatment if required.

(e) Where an Employee requires time away from work in connection with treatment, the Employee may access personal/carer's leave or other applicable leave in accordance with the National Employment Standards under the Fair Work Act 2009 (Cth) and any applicable award or enterprise agreement.

(f) Arrangements for extended time away from work may be made having regard to the advice of a treatment provider.

(g) The Employer may require evidence (such as a medical certificate or statutory declaration) consistent with the Fair Work Act 2009 (Cth) before granting leave.

(h) Any information about an Employee's treatment, health or personal circumstances will be treated by the Employer in strict confidence and managed in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

(i) The Employer will not disclose any such information to third parties without the Employee's consent, except where required or permitted by law.

(8) DISCIPLINARY ACTION

(a) Where an Employee breaches this Policy, the Employer may take disciplinary action. Before any disciplinary action is taken, the Employer will follow a fair process, including informing the Employee of the matters of concern, giving the Employee a reasonable opportunity to respond, and allowing the Employee the opportunity to have a support person present at any disciplinary meeting.

(b) Depending on the seriousness of the breach and all the circumstances, disciplinary action may include one or more of the following:

(I) a formal warning;

(II) a requirement to provide an apology (verbal or in writing);

(III) a requirement to attend training;

(IV) a requirement to attend counselling or undertake a rehabilitation program;

(V) reassignment or demotion;

(VI) suspension (with or without pay, as permitted by law); and/or

(VII) termination of employment, including summary dismissal in cases of serious misconduct as defined in the Fair Work Regulations 2009 (Cth).

(c) Nothing in this Policy limits any right the Employer may have at law, under the contract of employment, or under any applicable award or enterprise agreement.

(9) PRIVACY

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(10) CONTACT

For further information about this Policy, or to discuss any matter related to it, please contact:

________

(11) ACKNOWLEDGEMENT

By signing below, the Employee acknowledges that they have read and understood this Policy, have had the opportunity to ask questions about it, and agree to comply with it:

.......................................................
Employee Signature

________
Employee Name

________
Position

________
Date