DRUG AND ALCOHOL
Approved:
Management Team May 2018
This is a new policy
Background
The Council has a duty to take all reasonably practicable steps to ensure a safe workplace
for all staff. Council recognises that staff being under the influence and/or impaired by
drugs and/or alcohol is a significant health and safety risk. This Drug and Alcohol Policy is
in accordance with the Health and Safety at Work Act 2015.
Intent/Scope
This is a Council-wide policy and applies to all Council employees, when staff are
undertaking planned work, including any approved overtime and being on-call. For
unscheduled or unplanned work, staff have a right to refuse to attend work based on
unfitness without penalty or redress.
This policy does not apply to Council sanctioned social events such as Social Club events,
Christmas staff functions or other events where alcohol consumption is permitted. If staff
return to work duties after a social event, this policy resumes its application.
Definitions
For the purpose of this policy, the following definition shall apply:
Alcohol is any beverage that contains ethyl alcohol (ethanol). It includes but is not limited
to beer, wine, distilled spirits and any medication containing alcohol.
Drugs include Legal Drugs, Illegal Drugs, Controlled Drugs and Legal Drugs of Abuse.
There are a wide range of controlled and illegal drugs, which the Misuse of Drugs Act 1975
classifies according to the level of risk of harm they pose to people misusing them.
Examples1 of classification are:
Class A (very high risk): methamphetamine, magic mushrooms, cocaine, heroin,
LSD
Class B (high risk): cannabis oil, hashish, morphine, opium, ecstasy and many
amphetamine-type substances
Class C (moderate risk): cannabis seed, cannabis plant, codeine
Controlled Drugs means any substance, preparation, mixture or article specified or
described in Schedule 1, Schedule 2, or Schedule 3 as defined under the New Zealand
Misuse of Drugs Act 1975, and its amendments. It also includes some types of Legal Drugs
defined under the New Zealand Misuse of Drugs Act 1975, and its amendments, if they are
misused or illegally obtained e.g. tranquillisers and sedatives
Drug Test is a term used to describe a scientifically reliable method for determining the
presence of Controlled Drugs in a urine specimen that meets the requirements of AS/NZS
4308 (or successor standard) Procedures for Specimen Collection and the Detection and
Quantitation of Drugs of Abuse in Urine.
Drug Tests are made up of three sub-processes:
Drug Screening Test,
Confirmatory Test; and
B Sample Test.
The Standard AS/NZS 4308 (or successor standard) (Procedures for Specimen Collection and
the Detection and Quantitation of Drugs of Abuse in Urine) will be used by accredited
collection agencies to determine the confirmatory cut-off concentration of having a
negative or ‘Pass’ or non-negative or positive ‘Fail’ result. The Council reserves the right to
amend these requirements in the light of new research or recommended drug testing
guidelines.
Alcohol Test refers to a breath test using a breath testing device that meets the
requirements of AS 3547 Breath and Alcohol Devices for Personal Use. The Council will use
a reading of 100 micrograms of Alcohol per litre of breath as the ‘Pass’ or cut off level
recommended by the Institute of Environmental Science and Research (ESR) for ‘zero
tolerance’.
Impairment refers to be being under the influence of drugs and/or alcohol to the extent
that the ability to perform an employee’s normal work duties is affected and poses a health
and safety risk to themselves and/or others. Please refer Appendix A: List of Reasonable
Cause Indicators.
Policy
Staff are required at all times to be free from the influence of drugs and /or alcohol. This
means that the ability of staff to perform their normal work duties is not impaired.
Responsibilities
Staff have a responsibility to ensure any legal drugs that they use will not impact upon their
fitness for work, for example impair judgement and/or slow reaction times. The Council
requires all staff to declare any prescription drugs or medicines they are taking that may
affect their ability to perform their roles safely at the following times:
Before accepting an offer of employment
If they start taking medication prescription drugs during employment
If their drugs/prescription changes in any way whilst in employment
All staff have a right and responsibility to note and report any behaviour by others that
indicates that an employee is under the influence of drugs and /or alcohol. Staff should
report drug and alcohol incidents to their Team Leader, Manager and Team Leader Human
Resources and any complaint about such behaviour will be investigated.
Any employee who is aware of any incident involving the use/misuse of drugs and/or alcohol
should discuss this with their Team Leader, Manager or Team Leader Human Resources.
The Team Leader, Manager or the Team Leader Human Resources will record the incident
on the Council’s Injury and Incident form and advise the Chief Executive. The staff member’s
Manager, Team Leader and the Team Leader Human Resources will investigate the incident
and implement steps to prevent a recurrence of the situation identified as a result of the
investigation.
Complaints about drugs and/or alcohol within the workplace will be investigated in
accordance with the Council’s Code of Conduct Policy and the Council’s Disciplinary Policy.
Drug and/or Alcohol testing may be carried out in the following instances:
1.
Reasonable Cause
For situations where employees are exhibiting obvious signs of being under the influence
of drugs or alcohol. Managers and Team Leaders will use the Appendix B: Reasonable
Cause Determination checklist to determine if drug and/or alcohol testing is required.
2.
Post Incident Testing
To test for drug or alcohol impairment in the case of an incident or injury. As for 1,
Managers and Team Leaders will use the Appendix B: Reasonable Cause Determination
checklist to determine if drug and/or alcohol testing is required
Staff are required to participate in drug and/or alcohol testing in the above instances if
requested to do so. Refusal to undergo reasonable testing will be deemed to be a positive
test and therefore may be regarded as Serious Misconduct and result in disciplinary action
in accordance with the Council’s Code of Conduct Policy.
The Council will meet the cost of carrying out drug and/or alcohol testing and be done in a
confidential way that respects the staff member’s privacy.
Staff who are tested and found to have the presence of alcohol and/or drugs at a level that
indicates impairment may be subject to disciplinary action that may result in termination of
employment under the Council’s Code of Conduct.
Breaches of any statute regarding drug and/or alcohol use may be referred to the Police
for their investigation.
EAP Counselling
The Council will provide Employee Assistance Programme (EAP) services as a potential
alternative to disciplinary action provided staff agree to participate in such a diversionary
step. EAP Services could be made available at the Council’s discretion depending on the
circumstances.
Compliance
Any breach of this Policy by employees may lead to disciplinary action.
References
Health and Safety at Work Act 2015 (enacted April 4 2016)
Misuse of Drugs Act 1975
Council’s Code of Conduct Policy
APPENDIX A: List of Reasonable Cause Indicators
APPENDIX B: Reasonable Cause Determination
APPENDIX A: List of Reasonable Cause Indicators
This list sets out some common behavioural and physical signs that could suggest that a person
is impaired from drugs and/or alcohol. Not all the items on their own indicate impairment from
drugs and/or alcohol. It is important for those undertaking the assessment to consider whether
the particular behaviour is an ‘out of character’ significant change in behaviour from how the
employee normally presents. Examples include but are not limited to the following:
1
Presence of alcohol on their breath or appearing hungover
2
Changes in promptness in reporting to work
3
Changes in sick leave patterns combined with out of ordinary behaviour
4
Changes in behaviour e.g. outbursts, anger, aggressive, suddenly euphoric
5
Changes in personality e.g. being less aware, delusions of grandeur
6
Changes in alertness or attention span
7
Having more or less energy than usual
8
Changes in level of work commitment, memory or ability to learn
9
Acting in unusually defensive manner when confronted with behaviour
11
Violent behaviour
12
Increased anxiety, panic attacks
13
Increased irritability or depression
14
Reduced ability to perform tasks requiring concentration or co-ordination
15
Change in motor skills ability
16
Increased health problems or health complaints
17
Involvement in various minor injuries or incidents
18
Going to the toilet more often
19
Dizziness, staggering walk, confused disoriented compared to normal behaviour
20
Change in speech patterns e.g. slurred speech
21
Changes in facial features e.g. bloodshot, glassy eyes, dilated pupils, teeth
grinding
APPENDIX B: REASONABLE CAUSE DETERMINATION
Name of staff member: ………………………………………………..
Has a Manager or Team Leader carried out an initial assessment using Appendix A List of
Yes/No
Reasonable Cause Indicators?
Has a second person been consulted and do they agree with the initial assessment?
Yes/No
Are two or more observable signs or examples above present in the employee?
Yes/No
What are those signs?: (continue over page if required)
1.
2.
Are you satisfied the signs noted above may be from the possible use of drugs or alcohol? Yes/No
DO NOT proceed with reasonable cause testing unless all 4 of the determination questions are answered with a
‘yes’.
From your observation is there a risk to the health and safety of this person and/or
Yes/No
others?
Describe risk:
Has reasonable cause been established?
Yes/No
Time: __________________________ Date: ______________________
Action taken:
Manager/Team Leader:
Name and signature: _________________________________________
Date: _____________________________________________________
Time: _____________________________________________________
Agreed second person:
Name and signature: _________________________________________
Date: _____________________________________________________
Time: _____________________________________________________
APPENDIX C: Drug and Alcohol Testing Process.
This appendix sets out the steps and process when a trained person determines there is
reasonable cause to carry out a drug and/or alcohol test of an employee or the employee’s acts
or omission may have been a direct or indirect contributory factor in an incident. Refer to the
process flowchart below
STEPS:
1.
Trained Person determines
a.
there is reasonable cause to carry out a drug and/or alcohol test or
b.
an employee’s acts or omission may have been a direct or indirect contributory factor in
an incident.
2.
Trained Person advises the person may consult their representative but that testing
cannot be delayed. Arranges employee to be supervised until collection agency arrives
on site.
Note: Drug test specimen to be collected as soon as practicable, usually within 2-3 hours.
If employee does not verbally agree to drug test, proceed to refer employee to EAP Rehabilitation
process and/or disciplinary process.
3.
Trained Person* summons Collection Agency to site. Refer Appendix for Drug and Alcohol
Service Providers and EAP Services.
* Exception is person reporting after hours drug/alcohol incident will refer matter to Call
Care who will advise Collection Agency then Manager/Team Leader of incident
4.
Collection Agency obtains written consent to carry out drug test and collects/screens
urine specimen.
5.
If the drug test is NEGATIVE, employee advised of result as soon as known and confirmed
in writing within 5 working days. Documentation of result placed on employee’s personal
file.
If an employee has been stood down, duties shall be recommenced with no loss of pay.
6.
If the drug test is NON-NEGATIVE i.e. presence of drugs and/or alcohol found exceeds
confirmatory cut-off concentration as defined by AS/NZ4308 (Procedures for Specimen
Collection and the Detection and Quantification of Drugs of Abuse in Urine). Depending
on circumstances, employee is stood down on full pay until result is available
7.
Collection Agency sends urine specimen to accredited laboratory for confirmatory
testing.
8.
If Confirmatory test confirms original result, employee may request a second split or B
sample from the A sample to be tested within 14 days.
9.
Laboratory tests B sample.
10.
Employee advised of B sample test result.
11.
If B sample test result is NEGATIVE, employee advised of result as soon as known and
confirmed in writing within 5 working days. Documentation of result placed on
employee’s personal file AND THE MATTER IS CLOSED.
If an employee has been stood down, duties shall be recommenced with no loss of pay.
12.
If B sample test result is POSITIVE,
employee is referred to EAP Rehabilitation process
and/or disciplinary process.
DEFINITIONS:
Drug Screening Test
The first part of a drug test involves screening urine to detect the presence of a Drug and/or its
metabolite. Drug screening test results will be reported as
Negative Result: No presence of a Drug and/or its metabolite or a presence below the
confirmatory cut-off concentration defined by AS/NZS 4308 (or successor Standard).
Non-Negative Result: A concentration of a Drug and/or its metabolite at or above the
confirmatory cut-off concentration defined by AS/NZS 4308 (or successor Standard)).
Confirmatory Test
The second part of a drug test that involves sending urine to an accredited laboratory to test for
the presence of a Drug and/or its metabolite.
Results shall be reported as follows:
Negative Result: No presence of a Drug and/or its metabolite or a presence below the
confirmatory cut-off concentration defined by AS/NZS 4308 (or successor standard)).
Positive Result: A presence of a Drug and/or its metabolite at or above the confirmatory cut-off
concentration defined by AS/NZS 4308 (or successor standard)).
Appendix F: Service Providers
On-Site Drug and Alcohol Collection and Screening
Drug Detection Agency Limited (DDA)
Unit 10-114 Sawyers Arms Road
Telephone: (03) 354-5352
Papanui, P O Box 20469, Christchurch.
Freephone: 0508 DRUGTEST (3784 8378)
Off-Site Drug and Alcohol Collection and Screening
Drug Detection Agency Limited (DDA)
Unit 10-114 Sawyers Arms Road
Telephone: (03) 354-5352
Papanui, P O Box 20469, Christchurch.
Freephone: 0508 DRUGTEST (3784 8378)
Off-Site Drug and Alcohol Laboratory Testing
Canterbury Health Laboratories
Toxicology Department
Telephone: 03 366 4586
Clinical Biochemistry Unit
Mobile: 027 221 1231
PO Box 151, Christchurch.
Email:
Employee Assistance /Rehabilitation Provider
EAP Services Limited
Telephone: 0800-327-669
P O Box 5931, Wellesley Street, Auckland 1141.
Education and Training Providers
Drug Detection Agency Limited (DDA)
Unit 10-114 Sawyers Arms Road
Telephone: (03) 354-5352
Papanui, P O Box 20469, Christchurch.
Freephone: 0508 DRUGTEST (3784 8378)
