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Drug and Alcohol Policy
The Council is committed to having a work environment that is not compromised by the use
of
drugs or
alcohol.
Employees and contractors must:
not be impaired by alcohol and/or drugs or be under the influence of illegal drugs
and/or alcohol while working, conducting business on behalf of the Council or if on
call
not return a positive result for alcohol and/or drugs at work
not be in possession of illegal drugs, or sell or provide illegal drugs to any person
while at work
not knowingly conceal knowledge of another employee’s possession of il egal drugs
or substance abuse at work
inform their manager, their employee health and safety representative or a
representative of the
health safety and wellness team if medication is likely to affect
workplace performance that would impact on safety standards.
The Council will manage its responsibilities for providing a safe work environment through
the education about alcohol and drugs in the workplace and with the following testing regime
and key elements:
Key elements
Statement
Pre-employment
A requirement of employment (including internal transfer) for a
safety
and internal
sensitive position, is the applicant passing a drug and alcohol test. Other
transfer testing
designated roles may require a pre-employment drug and alcohol test.
Random testing
All employees in positions identified as safety sensitive may without
notice be tested for the presence of alcohol and drugs.
Post incident
Any Council employee may be tested for alcohol and drugs when an
testing
accident, incident or near miss occurs.
Reasonable
Any Council employee may be tested for alcohol and drugs when the
cause testing
employee's actions, appearance, behaviour or conduct raises concerns
that drugs or alcohol may be
impairing their work.
Compulsory
Where it is an appropriate outcome the Council will refer to a Council
rehabilitation
approved drug and alcohol rehabilitation provider for employees who fail
a drug and alcohol test.
Voluntary
The Council encourages any employee who may have a problem related
Rehabilitation
to drugs or alcohol to join the voluntary health rehabilitation programme.
Breaches of
The Council will investigate any breaches of the drug and alcohol policy
policy
in accordance with normal disciplinary processes.
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The Council will allow in certain circumstances, the consumption of alcohol at special
functions at work, for example staff functions, Christmas parties, client functions, etc. In
these circumstances it is the responsibility of the manager to ensure that there is responsible
use of alcohol at Council functions and that good host principles are followed whenever
alcohol is served including:
providing food to last throughout the function
serving a range of alternative drinks including low alcohol and non-alcoholic
beverages
ensuring that anyone who is suspected of being impaired by alcohol does not return
to work or drives a Council vehicle
making appropriate arrangements to ensure that anyone who has consumed alcohol
has suitable transport arrangements.
prohibiting the provision of alcohol to all minors (under the age of 18) at any Council
function.
The Council's Drug and Alcohol policy has a strong emphasis on voluntary rehabilitation and
encourages employees to seek help through their manager or a representative from the
health, safety and wellness team if they believe they have a drug and/or alcohol problem.
These employees will be offered assistance through the Council’s Voluntary Health
Rehabilitation programme.
Alternatively employees may seek confidential assistance through the Council’s employee
assistance programme.
Refer t
o Classifying safety sensitive positions.
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Drug and Alcohol Procedure
This Procedure will assist the Council to:
meet its obligations under the Health & Safety at Work Act 2015
ensure all potential hazards are identified, and measures are taken to prevent injury
and accidents.
Who uses this Procedure?
This Procedure applies to:
all employees while working and while on call
any person who conducts business for the Council in a Council place of work.
Managers recruiting for safety sensitive positions have specific responsibilities during the
recruiting process.
Confidentiality
Testing is carried out confidentially and privately, and information gathered is held by the
health, safety and wellness team, in the employee's medical file, in accordance with the
provisions of the Health Information Privacy Code 1994.
Employees are entitled to access their file and request any changes where appropriate.
No one will receive an individual's medical or personal details without their consent.
Testing
Refusing a test
If an employee refuses to provide consent or undergo a test when required to do so, the
normal disciplinary process will be followed. The request to consent is regarded as a lawful
and reasonable instruction.
Refer t
o Declaration of Decision to Decline Drug/Alcohol Test
Pre-employment testing
Drug and alcohol testing for all candidates will be included as part of the pre-employment
appointment process for all safety sensitive positions. A negative pre-employment drug and
alcohol test is required before any consideration of employment to a safety sensitive position
can occur. A positive pre employment drug and alcohol test will result in a halt to the
employment process.
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Change of contract testing
Drug and alcohol testing applies to all existing employees, including those already in a safety
sensitive position who are undergoing an internal transfer to a safety sensitive role. This
includes secondments and/or if there is any change in an employment agreement. The only
exception is those employees who have had a drug and alcohol test within six months of the
internal transfer. The principles outlined in the drug and alcohol process flow-charts for
random, post incident and reasonable cause testing apply to change of contract testing
including when a positive test result occurs.
Managers must follow the procedure for recruiting staff for
safety sensitive positions in the
Recruitment and Selection Policy and Procedures.
Refer t
o:Classifying safety sensitive positions; Pre-employment Health Declaration; Consent
for Pre-employment medical Questionnaire and Drug/Alcohol Testing (youth); definition of
Dilute/invalid result; Random Drug & Alcohol Test Process; and the
Post Incident &
Reasonable Cause Drug & Alcohol Test Process
Reasonable cause testing
Any Council employee may be tested for the presence of alcohol and drugs if their actions,
appearance, behaviour or conduct suggest drugs or alcohol may be impacting on their work,
or the safety of themselves or any other person.
Examples of the types of behaviours, actions or conduct that may lead to a test for
reasonable cause include, but are not limited to:
strong smell of alcohol or cannabis on the person
repetitive unexplained absence or lateness
repeated concerns about, or an unexplained poor performance or achievement
continual minor accidents
fighting or arguments in the workplace
going to locker, car, lunchroom or rest-room more than necessary or normal
dilated pupils, blurred vision, droopy eye-lids, bloodshot eyes, slow and slurred
speech, slow gait, high energy levels, disorientation
changes in alertness, eg falling asleep, attention span difficulty, problems with short-
term memory
changes in personality or behaviour
feigning sickness or emergencies to get out of work early
increased health problems or complaints about health
unusual or out of character on-site behaviour.
The employee will be given the opportunity to explain their behaviour before any testing
procedure begins. As a minimum, two of the following roles must agree and document that
there are reasonable grounds for testing before testing proceed. Roles: BU manager;
employee's manager/supervisor; HR consultant; manager health, safety and wellness.
Advice on reasonable cause testing can be sought from a representative from the health,
safety and wellness team. Confidentiality regarding the reason for testing must be
maintained.
Refer to
Confidentiality, Post Incident & Reasonable Cause Drug & Alcohol Test Process,
Consent for Drug and Alcohol Testing
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Random testing
Employees in positions identified as safety sensitive will be randomly selected and without
notice be tested for the presence of alcohol and drugs.
A representative of the health safety and wellness team will make arrangements to ensure
facilities, equipment and
accredited collectors are available for the proposed testing.
For random testing, a representative sample covering a cross-section of employees in a
safety sensitive role in a particular area will be selected electronically by a registered
psychologist, with experience in quantitative analysis, or by an independent agency.
On the day prior to testing, a representative of the health, safety and wellness team will notify
the managers of their randomly selected employees and the appointed time and location of
random testing.
On the day of testing, the managers are responsible for advising the employee they have
been randomly selected for testing, just prior to the appointed time for the test to be carried
out.
The employee selected will be supervised until the testing procedures begin. If the testing is
carried out at a site other than their normal workplace they will be escorted by their manager.
Refer
to Positive Test Process, Random Drug & Alcohol Test Process, Consent for Drug &
Alcohol Testing
Post incident, accident or near miss testing
Any Council employee may be tested for the presence of alcohol and drugs when an
accident, incident, or near miss occurs that results in:
a fatality
a lost time injury (where an employee cannot return to their scheduled shift as a result
of injuries)
an injury requiring treatment by a medical professional
damage to plant or equipment including Council vehicles
a near miss that had significant potential to cause serious harm or loss.
As a minimum,
two of the following roles
must agree and document that it is appropriate to
instigate post incident testing. Roles are: BU manager, employee’s Manager/Supervisor or
HR consultant and either a Senior Health Safety & Wellbeing Advisor or the Safety Security
and Wellbeing Manager. Advice on post incident, accident or near miss testing can be
sought from a representative from the Safety Security and Wellbeing team. Confidentiality
regarding the reason for testing must be maintained.
Refer to
Positive Test Process, Post Incident & Reasonable Cause Drug & Alcohol Test
Process, definition of
Post accident/incident or near miss, Consent for Drug & Alcohol
Testing
Please note - If an employee discloses to their manager
, nominated person or
accredited
collector at the time of testing that they have used drugs or alcohol – the accredited collector
will continue with the on-site drug and alcohol testing process.
On-site results will be obtained from the
accredited collector. If the result is positive – refer to
the ‘re-assigned’ process as detailed in the
Random Drug & Alcohol Test Process and the
Post Incident & Reasonable Cause Drug & Alcohol Test Process.
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Random, post incident and reasonable cause testing process
The following process charts outline the processes to be followed when random, post
incident and reasonable cause testing is being conducted. Manager’s must be aware of
these processes and follow them.
Random Drug & Alcohol Test Process
Post Incident & Reasonable Cause Drug & Alcohol Test Process
Between the decision to test and the test being taken, a manager or nominated
representative must accompany the employee for the duration of the testing procedure,
unless extenuating circumstances do not allow for this i.e. employee in hospital post
accident.
On receipt of the ESR verification record a representative from the Health, Safety & Wellness
team will notify the manager who will advise their employee of the result.
Refer t
o Positive test process, Consent for Drug & Alcohol Testing, Dilute/invalid result.
Dilute / Invalid Result
If the test returns a dilute or invalid result a retest may be considered. This will be co-
ordinated with a representative from the health, safety and wellness team.
Emergencies (post incident)
In an emergency situation immediate medical attention or other corrective actions (fire,
chemical spill) may take priority, and it may not be practical to arrange a post incident drug
and alcohol test immediately. In these cases, the manager must inform the employee
verbally, and later in writing that they will be required to undergo a test at the soonest
practicable time.
Positive test process
Managers must follow this process when an employee has a positive test result for drugs
and/or alcohol, i.e. a failed test
Management:
Notify employee of positive test result
Employee stood down from safety sensitive role and placed on alternative non-
safety sensitive duties
If no alternative non-safety sensitive roles are available, discuss the option of the
employee taking leave
If the drug and alcohol test was undertaken as a result of an incident, accident or
near miss the event must be reported in Risk Manager
Arrange a disciplinary meeting is arranged between employee, their
representative, HR consultant and manager as soon as practical.
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At an agreed timeframe between management and employee the employee
undertakes a follow up drug and alcohol test to establish if the employee is safe
to return to their safety sensitive role – a negative drug and alcohol test result is
required.
Disciplinary meeting
The outcome of a positive test under reasonable cause, random, post incident and change of
contract testing will result in a disciplinary investigation led by the Manager with support from
HR. A positive drug and/or alcohol test result could be deemed serious misconduct; the
disciplinary outcome may be disciplinary action, up to and including dismissal. Where
considering an outcome of a final written warning, a condition will be that the employee is
required to commit to the compulsory rehabilitation programme. The elements of the
programme should be explained to the employee who will be required to sign
a health
rehabilitation contract. Where an employee refuses to commit to the compulsory
rehabilitation programme then the manager will reconsider the sanction and the outcome
could be dismissal.
If an employee fails the first follow up drug and/or alcohol test or fails subsequent drug and/or
alcohol tests, this will result in further disciplinary action which may include dismissal.
Refer to
Disciplinary process.
Rehabilitation
Voluntary Rehabilitation Programme
An employee who may have a problem related to drug and/or alcohol use is encouraged to
voluntarily seek help. Employees can contact their manager or a representative of the health
safety and wellness team to request information on the voluntary rehabilitation programme.
If the employee chooses to undergo voluntary rehabilitation, they will be required to sign a
health rehabilitation contract, which will include:
commitment to a drug and alcohol rehabilitation programme
consent to follow up drug and alcohol tests over a two-year period during the
completion of the drug and alcohol rehabilitation programme
The Council will pay for:
an initial rehabilitation assessment
up to six sessions with a Council approved drug and alcohol rehabilitation provider.
Employees using the Council’s voluntary rehabilitation programme may with the approval of
their manager apply for special leave for absences covering attendance of the programme.
Communications between the individual and the rehabilitation provider are confidential.
When the rehabilitation provider has reason to believe that the employee may be at risk to
themselves or others – they may be bound to report this to the Council.
With an employee’s consent information relating to the individual can be communicated back
to the manager, health safety and wellness or the employee’s manager.
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Important: If an employee is in a safety sensitive position an initial re-assignment from their
safety sensitive duties during the early phase of rehabilitation will be required. In a safety
sensitive position, further drug testing will be conducted prior to the employee’s return to their
safety sensitive position.
After rehabilitation, should any of the subsequent tests return a positive result, the employee
will undergo a disciplinary investigation and depending on the outcome, the employee may
be required to commit to the compulsory rehabilitation programme.
Compulsory Rehabilitation Programme
The compulsory rehabilitation programme requires that the employee signs
a health
rehabilitation contract which will include:
acknowledgment of a positive drugs or alcohol test
commitment to a drug and alcohol rehabilitation programme
consent to follow up drug and alcohol tests over a two-year period during the drug
and alcohol rehabilitation programme
The programme involves the employee being assessed by the Council’s approved
rehabilitation provider and this is normally followed by counselling sessions. Rehabilitation
may range from a number of counselling sessions, to referral to other external rehabilitation
services.
The duration of the counselling sessions will be dependent on the risks as assessed by the
rehabilitation provider in consultation with the employee, the BU manager and/or a
representative from the health, safety and wellness team.
The Council will fund:
an initial rehabilitation assessment
up to six sessions with a Council approved drug and alcohol rehabilitation provider
additional costs of rehabilitation as deemed appropriate by the employee's site or BU
manager, in consultation with the manager health and safety and wellness.
Employees may request to take unpaid leave for absences related to participation in the
compulsory rehabilitation programme.
If the Council approved drug and alcohol rehabilitation provider deems an employee is
unsafe for their normal duties the employee should only undertake non safety sensitive
duties until such time as they are deemed safe to return to their normal duties.
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Compulsory rehabilitation process
Managers must follow this process when an employee is participating in compulsory
rehabilitation. This process is to be explained to the employee by the Manager.
Management to:
explain the compulsory rehabilitation and what the programme involves
arrange initial assessment with Council’s approved rehabilitation provider
receive assessment reports from rehabilitation provider
arrange re-assignment to non-safety sensitive position during rehabilitation if
required
arrange for employee to undertake six follow up drug and alcohol tests over next
24 months
Employee to:
consent to
health rehabilitation contract
attend assessment
attend and complete the rehabilitation sessions as directed
complete rehabilitation
undertake six follow up drug and alcohol tests over next 24 months
Refer also to the following process charts:
Random Drug & Alcohol Test Process
Post Incident & Reasonable Cause Drug & Alcohol Test Process
Refer t
o Health Rehabilitation Contract, Rehabilitation Referral
Contractors
If a contractor’s behaviour suggests drugs or alcohol may be impacting on their work or the
safety of others, this behaviour must be reported to the contractor's Council manager or the
manager health safety and wellness who will advise the contractor's manager.
The contractor's manager will arrange to have the contractor removed from the work-site if
necessary. The contractor will not normally be permitted back without evidence of a negative
drug and alcohol test.
It is not the Council's responsibility to conduct drug and alcohol testing for contractors.
Drug and alcohol testing for contractors will be negotiated and agreed between the
contractor and the WCC contract manager. The decision to test is determined on the type of
work being contracted, and the health and safety risks associated to that work.
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Classifying Safety Sensitive Positions
Process
Use the following process to determine safety sensitive positions:
Position
Determined by
Action
ELT positions and
Director HR and
List the positions that are considered
their direct reports
Manager, Health
safety sensitive and provide reason.
Safety & Wellness
Notify and consult with employees whose
All other positions
BU manager and
positions are classified as safety
Manager, Health
sensitive. Encourage employees to
Safety & Wellness
discuss any issues with their
representative.
Consider any feedback and provide a
draft list for approval to:
o ELT for ELT positions and their
direct reports,
or
o BU Manager and Manager Health
Safety & Wellness for all other
positions.
Ensure approved positions are classified
as safety sensitive within the HRIS
system.
Refer to definition of
Safety sensitive positions.
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Definitions
Accredited Collector
An accredited collector is trained and competent to carry out drug and alcohol testing that
complies with the Australian/New Zealand Standard Recommended Practice for the
Collection, Detection and Quantitation of Drugs of Abuse in Urine (AS/NZS 4308:2008).
Alcohol
Any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and
distilled spirits.
Breath Alcohol testing
Testing is carried out by an accredited collector using a breath-alcohol testing device which
complies with Australian Standard Breath Alcohol Testing devices for personal use
(AS3547-1997).
The Council’s acceptable breath alcohol limit is 50mcg of alcohol per litre of breath. This
threshold is set higher than the NZTA youth (under 20 year olds) limit of zero for the following
reasons, as recommended by ESR (Environmental Science Research):
All people have small amounts of alcohol in their body as alcohol is generated by the
body, which has nothing to do with external intake
Medicines and perfumes contain alcohol which is inadvertently absorbed into the
body
If a person being tested is over 50mcg of alcohol per litre of breath then it is highly likely that
they have consumed alcohol.
Employees who fail a breath test may request the opportunity to take a blood test to verify
results. This must be completed within one hour of the breath test.
Drugs
Substances that may cause impairment including:
illegal drugs such as opiates (eg heroin and morphine), cocaine, cannabinoids,
amphetamines (including 'P'), and methamphetamine
legal drugs such as prescribed benzodiazepines (tranquillisers and sedatives).
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Drug testing
Testing is carried out by an accredited collector; as per the Australian/New Zealand Standard
Recommended Practice for the Collection, Detection and Quantitation of Drugs of Abuse in
Urine (AS/NZS 4308:2008).
The urine sample collection is carried out with due regard to privacy and dignity and not
under direct observation.
Council will monitor scientific advances, and as soon as practical will adopt less intrusive
mean of testing.
Dilute/invalid result
If the test result is dilute or invalid the accredited collector will either offer one further test or
advise that their test is invalid. The decision to re-test will be made by management. If a
specimen is deliberately adulterated or substituted it is considered a positive test and a
disciplinary investigation will be undertaken.
Drug and alcohol test result - Positive
Levels of drugs were present that are higher than the cut-off level stated in the AS/NZS
4308:2008. A failed drug test result.
Levels of alcohol were present that are higher than Council’s acceptable breath alcohol limit
of 50mcg of alcohol per litre of breath. A failed alcohol test result.
Drug and alcohol test result - Negative
A pass result to a drug and alcohol test.
Health, safety and wellness team
Manager, Health Safety & Wellness
Advisor, Health, Safety & Wellness (two roles)
Administrator, Health Safety & Wellness
Impairment
Impairment is the state of being diminished, weakened, or damaged, especially mentally or
physically.
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Impaired performance by the use of substances
Being unable to carry out your work to the required standard of efficiency, accuracy or safety
due to the effect of substances ingested, inhaled or taken by any other means. This includes
drugs or alcohol, whether legally or illegally obtained.
Management
An employee of the Council who holds any of the following positions: business unit manager,
site manager, employee manager, supervisor or team leader, HR Consultant, representative
from the health, safety and wellness team.
Nominated Person
An employee of the Council who can take on some responsibility in the drug and alcohol
testing process who has the approval of any one of the following: the business unit manager,
the employee manager, the HR Consultant, a representative from the health, safety and
wellness team.
Post accident/incident or near miss
An accident is an incident that causes any person to be harmed, or damage or harm to
property, process or the environment.
A near miss is any unplanned event that did not result in harm to people or damage to assets
or the environment, but in slightly different circumstances, would have done so.
Safety sensitive positions
Safety sensitive positions have one or more duties that could, if being performed by an
employee affected by drugs and/or alcohol, endanger the safety of the employee, fellow
employees, contractors or the general public.
The following factors are used for identifying a safety sensitive position:
The frequency of the duties that could endanger safety.
The nature and severity of the potential harm.
The likelihood that the potential harm will occur.
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