Who can use this policy
This policy can be used by all employers.
Commentary
The commentary which follows is not legal advice, rather it is a general guide to understand the drug and alcohol policy. If you are unsure about any aspect, you should seek advice from a workplace lawyer.
Why have a drug and alcohol policy?
Drug and alcohol consumption can diminish a person’s attention and faculties. In the context of the workplace, a person can be a potential source of harm to themselves and others if affected by alcohol or drugs. Employers have responsibilities to provide safe working environments, and so it follows that an employer has an interest to avoid the potentially adverse consequences of drug or alcohol consumption.
This policy is one of the tools available to the employer to manage health and safety risks at work.
General commentary
When using the template for this policy, you should have regard to the following considerations:
- Whether your business is required to consult with employees or union(s) in the introduction of the policy. Awards, existing policies, or existing consultative mechanisms are potential sources of obligation and should be checked. In addition, occupational health and safety laws and regulations are also sources of potential consultation obligation.
- Whether as a matter of practice you wish to consult with any union(s) in your workplace in order to gain their co-operation and support for the policy.
- If the policy provides for testing, the type of testing (urine, saliva, blood, hair etc) must be appropriate and suitable. Testing should be performed by skilled technicians and appropriate consents from participants should be obtained.
- Whether the policy should be made available in languages other than English in order to promote understanding and compliance.
- The policy is written to apply to all employees, contractors, visitors etc. These ‘workplace participants’ should be made aware of the policy, the standards that are expected of them, and the consequences of non-compliance.
- Training is a means to promote understanding and compliance. Ideally, training should take place as part of the induction procedure. A record of training should be kept and this should include an acknowledgement by the participant of their attendance.
- The policy extends to all functions and places that are work-related. For example, conferences, work lunches, Christmas parties, client functions etc.
- The policy should be applied consistently, and in a non-discriminatory way.
- Non-compliance may have disciplinary consequences. The nature of discipline should be proportionate to the nature of the non-compliance.
- Review the policy regularly and take into account any changes in relevant laws and practice.
- Develop supporting documentation. This includes notification and consent forms for the workplace participant to undertake the necessary testing, and to any medical practitioner/agency/clinic for the purposes of seeking the test results.
- The policy contains a number of 'disclaimer from liability' clauses. These disclaimers are general in nature, and are not necessarily sufficient to avoid liability in every circumstance where a workplace participant’s behaviour causes injury or damage.
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Important note to subscribers
The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.
If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.
After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants. |
Further informationFurther information on how to use this document can be found at the 'How to use these policies' link on the Policies page of the HR Advance website.
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