Employers have a responsibility under health and safety

legislation to provide a safe working environment for all

employees, contractors and visitors. Including a workplace free
from drugs and alcohol abuse.

Topics covered in this presentation:

• Drugs and alcohol as a workplace health and safety issue

• Creating a policy
• Drug testing employees
• Personal issues
• Serving alcohol at work even
 • The abuse of alcohol becomes a health and safety
. issue because a person’s ability to exercise judgment,
coordination, motor control and alertness is affected,
leading to an increased risk of injury.
• The alcohol-affected person may not be able to
make an accurate assessment of their fitness for
work due to intoxication or hangover effects.

• Other implications employers may be faced with

include lateness, lost time and production from
dangerous incidents and damage to equipment
and other property.
The first step for employers in dealing constructively with alcohol or drug usage in the
workplace is to develop a policy to set expectations and regulate employee behaviour.

• Create a policy that outlines company rules

surrounding the use of alcohol and drugs
at work, including penalties for non-compliance.

• Document the policy in the employee handbook.

• Enforce the policy consistently and fairly.

 • Intoxication in the workplace is classified as serious
.
misconduct under Fair Work regulations and is rightly
a valid reason for dismissal without notice.

However

• The standard of proof for such a dismissal is

extremely high, and a hasty dismissal without
evidence can easily result in an unfair dismissal
claim.
 • If an employer is reasonably suspicious
. an employee is affected by drugs or
alcohol while at work, it is acceptable to
request the employee undertake a drug or
alcohol test in accordance with the
company policy.
• However, alcohol or drug testing
employees can be tricky due to an
employee’s right to privacy, meaning you
can’t sit an individual down with a
breathalyser on the spot without support.
 • If a policy has previously been communicated to an employee,
employers can test for drugs and alcohol via either an oral saliva test or
.
a urine test.

• The urine test will pick up particular drugs which are in a person’s
system for longer, therefore it will detect the recreational use of drugs
rather than those used at work.

• Saliva testing is a fit-for-work styled drug test, as it will pick up key drug
components and is best used to show whether an employee is actually
under the influence while at work.

• Both tests have to be sent to a laboratory for final results.

• Employers cannot request an employee undertake both types of testing.

Meaning if the saliva test is chosen, a urine test cannot also be done.
.
• Policies and procedures must be in place in
regards to the prohibition of drugs and alcohol in
the workplace for an employer to conduct a drug
test.

• It is not enough to have a zero tolerance policy,

employers must ensure their employees are
clear on the regularity of drug and alcohol
testing.
 • There are powerful protections in place for workers
.
managing sickness, injury or stress. In some cases,
an employer may suspect an employee has been
drinking, but they may be suffering from a personal
issue or illness instead.
• Any disciplinary action taken against an employee
should provide an adequate opportunity for them to
raise any personal problems that may be a factor
in the situation.
 Work functions pose a difficult situation for employers if they intend to
serve alcohol. Employers have a duty of care to staff, which extends to
. offsite events.

Prior to a function, employers should:

• Make sure the appointed supervising staff or managers actively

prevent excessive drinking and inappropriate behaviour.

• Make it clear to staff that post-party activities are on their own time
and your organisation does not endorse any activities that happen
after the official finishing time.
During a function, employers should:

• If you have workers under the age of 18, consider a

wristband system so that bar staff can easily identify
them.
• Ensure that there is substantial food provided.
• Non-alcoholic alternatives should be provided, and the
drinking of water should be encouraged throughout the
event.
• Some workers are likely to drink to excess, be mindful
of this the next day if they are required to drive or
operate machinery.
• Consider arranging for travel home after the event,
such as providing a bus or cab fares.