Waitomo District Council
Alcohol and Substance
Abuse Policy
Contents
1. Introduction
........................................................................................................
1
1.1
Purpose
..........................................................................................................
1
1.2
Person
Responsible .......................................................................................... 1
1.3
Reporting
To
...................................................................................................
1
1.4 Review Date ................................................................................................... 1
2. Definitions
...........................................................................................................
2
3. Legislative
Responsibilities
.................................................................................
3
4. Policy
Statements ................................................................................................
3
5. Roles and Responsibilities ................................................................................... 4
6. Procedures ...........................................................................................................
5
6.1
Pre-Employment Testing .................................................................................. 5
6.2 Post Incident Testing ....................................................................................... 5
6.3
Reasonable
Cause Testing ................................................................................ 5
6.4 Follow-up or Post rehabilitation Testing .............................................................. 6
6.5 Testing Methods .............................................................................................. 6
6.6 Procedure for Testing ....................................................................................... 7
6.7
Disciplinary
Procedure ...................................................................................... 7
7. Guidelines WDC Social Functions ......................................................................... 8
7.1 Food and Drinks .............................................................................................. 8
7.2
Transport ....................................................................................................... 8
7.3
Environment
...................................................................................................
8
7.4 Serving Practice .............................................................................................. 8
8. Schedule One - Drug Information......................................................................... 9
9. Schedule Two - Drug and Alcohol Rehabilitation Programme .............................. 12
10. Schedule Three - Consent for Drug Testing ......................................................... 14
11. Schedule Four - Consent for Alcohol Testing ....................................................... 15
12. Schedule Five – Drug and Alcohol Rehabilitation (DAR) Contract........................ 16
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1. Introduction
1.1 Purpose
WDC is committed to providing a safe and healthy workplace for its staff, contractors,
customers and visitors.
Off the job and on the job involvement with alcohol or drugs can have adverse effects upon
the workplace, the integrity and quality of work outputs, the workplace safety of other staff,
the wellbeing of employee’s families, and the need to provide a workplace environment free of
alcohol and drugs.
This policy applies, at the workplace, to all employees of WDC and also includes contractors
and visitors inside and outside of normal scheduled working hours.
The purpose of this policy is to:
1. Demonstrate WDC’s responsibility and commitment to ensure a safe and healthy
workplace for all staff.
2. Ensure that staff can work in an environment free of alcohol and drug use or abuse.
3. Promote the prevention, reduction and management of alcohol and drug related problems
in the workplace.
4. Outline WDC’s requirements for creating and maintaining an alcohol and drug free work
environment, and for dealing with substance abuse in the workplace.
5. Support and rehabilitate staff with drug and/or alcohol problems where appropriate.
6. Protect the privacy and confidentiality of all staff in the operation of this policy.
7. Provide guidelines for WDC staff in the delivery of formal and informal social functions.
1.2 Person Responsible
Human Resources Officer
1.3 Reporting To
Chief Executive Officer
1.4 Review Date
Annually
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2. Definitions
Accident
An event that:
a) causes any person to be harmed; or
b) in different circumstances, might have caused any person to be harmed.
Alcohol
Any beverage that contains ethyl alcohol (ethanol), including but not limited to
beer, wine and distilled spirits.
Contractor
A person engaged by WDC to do any work for gain or reward under a Contract
for Services.
Council
The elected members that form the governing body (Council) of the Waitomo
District Council.
Drugs
A chemical substance that affects the natural processes of the mind or body.
The term includes illicit drugs such as cannabinoids (marijuana, hashish, hash
oil) opiates (heroin, morphine, codeine), cocaine, amphetamines (ecstasy,
speed, P) and benzodiazepines (tranquillisers, sedatives, antidepressants).
Employee
Any person of any age employed by WDC to do any work (other than
residential work) for hire or reward under a contract or service.
Harm
a) Illness, injury, or both; and
b) includes physical or mental harm cause by work-related stress.
Hazard
An activity, arrangement, circumstance, event, occurrence, phenomenon,
process, situation, or substance (whether arising or caused within or outside a
place of work) that is an actual or potential cause or source of harm; and
Includes a situation where a person’s behaviour may be an actual or potential
cause or source of harm to the person or another person; and
Without limitation, a situation resulting from physical or mental fatigue, drugs,
alcohol, traumatic shock, or another temporary condition that affects a
person’s behaviour.
Premises
Includes all WDC properties, and applies to all activities under the general
control of WDC.
Safety
Those positions that involve the health and safety, and sometimes, the lives of
Sensitive
the employees, their fellow workers and members of the public (i.e. operates
Positions
machinery, handles Hazardous Goods, works outdoors in a physical capacity).
Waitomo
The organisation established to administer Council affairs, conduct operations
District Council and bring effect to Council policy and strategies.
(WDC)
Workplace
A place at which a person works, including but not limited to, worksites under
WDC control, vehicles used for business purposes, and equipment operated on
behalf of WDC.
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3. Legislative
Responsibilities
3.1 Workplace drug and alcohol testing must take account of a number of common laws and
statutory duties including:
The general statutory duties on employers and employees under the Health and Safety
in Employment Act 1992 and its Amendments.
Privacy Act 1993 – All information gathered as a result of testing and/or participation in
any Drug and Alcohol Abuse Monitoring Programme is collected for the purpose of
implementing this Policy and achieving its objectives. The Human Resources Officer or
delegated representative may disclose relevant information from an employee’s file to
the employees Manager, in consultation with the employee.
NZ Bill of Rights Act 1990
Human Rights Act 1993
4. Policy
Statements
4.1 WDC strictly prohibits the manufacture, distribution, dispensation, consumption, sale,
purchase, transfer, possession or use of drugs or alcohol in the workplace.
4.2 All persons working at WDC are expected to report to work fit for duty and be able to perform
assigned duties safely and to required standards without any limitation due to the use of or
the after-effects of use of alcohol, illicit drugs, non-prescription drugs, or prescribed
medications or any other substance.
4.3 WDC maintains a zero tolerance to employees who arrive at work under the influence of
alcohol or drugs, and/or whose ability to work is impaired in any way by the consumption of
alcohol or drugs, or who consume alcohol or drugs in the workplace.
4.4 WDC may conduct pre-employment drug testing for the purposes of Health and Safety in the
workplace, as a condition of the offer of employment condition.
4.5 WDC may conduct post-incident drug and/or alcohol testing where an employee is involved in
a accident or incident causing harm.
4.6 WDC may conduct drug or alcohol testing where there is reasonable cause or suspicion of
drug or alcohol use.
4.7 WDC will support employees to participate in a Drug and Alcohol Rehabilitation Programme.
4.8 WDC may conduct drug or alcohol testing as part of its participation in the implementation of
a Rehabilitation Programme to measure progress and identify any relapse.
4.9 WDC expects persons responsible for any WDC related social function, where alcohol is made
available, to meet all obligations as responsible hosts.
4.10 WDC prohibits the serving of alcohol to persons under the age of 18, and any visibly
intoxicated person, regardless of age.
4.11 WDC will promote a responsible attitude towards the use of alcohol among employees at all
times.
4.12 Every person, whether employee, contractor or visitor, shall observe and comply with the
WDC Alcohol and Substance Abuse Policy.
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5. Roles and Responsibilities
It is the responsibility of all employees to identify concerns about an individual’s capacity to safely
perform their job, and take appropriate steps. Where necessary, employees will advise a Manager
or the HR Officer who will, pending investigation, remove any staff member who is suspected of
breaching this policy from the WDC premises. A decision on appropriate consequences including
potential disciplinary action will be made following thorough investigation.
The following guidelines will assist in administering this policy; however, not every situation can be
predicted.
1.
If a staff member, visitor or contractor arrives at the workplace, and you have reasonable
cause to suspect that they are under the influence of alcohol or drugs, immediately advise
Management. The staff member shall be removed from the work environment without delay.
If you have any doubt about whether they are, or are not impaired, you should err on the side
of caution to remove the staff member from the work environment.
2.
Unexpected circumstances can arise when an off-duty staff member is requested to work. It
is the staff member’s responsibility to refuse the request and ask that the request be directed
to another person if the member feels unfit due to the influence of alcohol or other drugs.
3.
Staff that are prescribed medication are expected to ask their doctor if the medication will
have any potential negative effect on job performance. They are required to report to their
Manager if there is any potential risk, limitation or restriction for whatever reason that may
require modification of duties or temporary reassignment, and provide appropriate medical
verification if required, on any restrictions in performance of their duties.
4.
If a staff member or contractor believes an employee in a more senior position is in violation
of this policy, they are encouraged to get a second option where possible. They are also
expected to notify a Manager, the HR Officer, or Chief Executive.
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6. Procedures
Drug and/or Alcohol testing will be conducted by a NZDDA Authorised Collector or Registered
Medical Practitioner in accordance with AS/NZS 4308 (Procedures for specimen collection and the
detection and quantitation of drugs of abuse in the urine).
6.1 Pre-Employment Testing
For safety sensitive positions within WDC, a drug test will be a condition of an offer of
employment and will apply to permanent employees (part-time and full-time), casual
employees and employees on a fixed term contract.
This may be a three step process:
1. The first step is a screening process that provides either a negative or a presumptive
result. No further action is required with a negative result.
2.
A presumptive not negative result will initiate a second test. If the second test result is
also not negative the samples will be sent to Environmental Science and Research (ESR)
for laboratory confirmation. Refer Schedule 1 for further information on drug testing.
3. If not negative results are confirmed by ESR, the applicant has not met the
requirements of the appointment and therefore the offer of employment will be deemed
null and void and withdrawn.
Other approved testing methods, such as hair testing, may be used for pre-employment
testing, where required.
6.2 Post-Incident Testing
Employees involved in any accident or incident causing harm may be tested post incident to
identify whether drugs or alcohol were a factor.
6.3 Reasonable Cause Testing
Employees may be tested if there is a reasonable cause or suspicion of drug or alcohol use.
Reasonable grounds for testing can be established if the employee’s
behaviours/actions/conduct warrants warning and are indicative of impairment or abnormal
behaviour. Examples of the types of behaviours/actions/conduct that would lead to a test for
reasonable cause include, but are not limited to any of the following:
Smell of alcohol on the breath
Physical signs and behaviour such as dilated pupils, blurred vision, droopy eye lids, slow
and slurred speech, slow gait, high energy levels, disorientation
Continual small accidents
Fighting or arguments in the workplace
Delayed reaction
Testing for reasonable cause can also include at least two of the following:
A sudden unexplained drop in performance
Changes in alertness (falling asleep, attention span difficulty, problems with short-timer
memory)
Emotional signs such as mood swings or bouts of hilarity
Going to car, lunchroom or rest room more than necessary or normal
Feigning sickness or emergencies to get out of work early
Changes in personality from previous history
Physical signs of abuse or accidents (bruised, cuts, swelling)
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Any other unusual or out of character on-site behaviour.
6.4 Follow-up or Post Rehabilitation Testing
Testing of individual employees may occur as part of an agreed Rehabilitation Programme to
measure progress and detect relapses.
6.5 Testing
Methods
6.5.1 Alcohol
Breathalysers – A digital alcohol meter, which requires blowing into a disposable mouthpiece
to provide a deep lung sample of air for the analysis of Alcohol. An ‘on the spot’ reading of
the level of alcohol in an employee’s system is produced. It is very reliable and provides an
accurate result. The breathalyser is calibrated to measure breath alcohol in µg/L of breath. A
reading of 400 micrograms of alcohol per litre of breath is equivalent to the legal driving limit
for people over 20 years of age and a reading of 100 micrograms of alcohol per litre of breath
for people under 20 years of age(considered by industry as zero tolerance).
All aspects of the testing procedure will be carried out in a confidential and private manner.
The employee will be required to comply with the following:
1.
Complete Consent for Alcohol Testing form.
2.
The first test will require the employee to blow into the device with the mouthpiece
attached. If the result is negative no further testing is required.
3.
If the result is not negative the mouthpiece is reinserted into the device and the
employee blows into the breathalyser for the second test.
4.
The time and result will be recorded and the employee, manager, HR Officer, and
person conducting the test will sign acknowledgement of the result and time.
5.
For the second test to be not negative there must be an indicated level of alcohol in the
employer’s system higher than that defined by the NZ Transport Agency legal driving
limit, currently 400 micrograms of alcohol per litre of breath for people over 20 years
and 100 micrograms of alcohol per litre of breath for people under 20 years of age.
Blood Test
In the event that the employee is unable to blow into the Breathalyser, or requests a blood
test, the employee will be escorted by a Manager or the HR Officer to the nearest Medical
Centre for a blood test.
6.5.2 Other Drugs
For drugs other than Alcohol, the procedure requires the collection and analysis of a urine
sample commonly called urinalysis. The instant test may be implemented on-site by an
NZDDA Authorised Collector if this is practicable. If not the employee will be escorted by a
Manager or the HR Officer to the nearest NZDDA Branch, a Medical Centre, or a facility where
a registered Nurse or Medical Practitioner will undertake the collection of a urine sample for
testing.
All aspects of the testing procedure will be carried out in a confidential and private manner.
The employee will be required to comply with the following:
1.
Complete Consent for Dug Testing form.
2.
Provide a urine sample. The employee will be able to observe the entire collection,
processing and chain-of-custody procedure of the specimen.
3.
The employee will be asked to read, sign and date the chain-of-custody statement
certifying the specimen is that individual’s and has not been changed or altered at the
time of collection.
4.
The sample will be despatched to ESR and the urinalysis completed in accordance with
AS/NZS 4308 (Procedures for specimen collection and the detection and quantitation of
drugs of abuse in urine).
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5.
A positive test will only be reported by ESR if confirmed levels of drug residue exceeded
cut-off levels. Cut-off levels conform to the Australian Standard for Drugs of Abuse in
Urine, which are used in New Zealand by ESR.
6.
A hair sample, for use in hair testing, may also be required where hair drug testing is
warranted.
6.6 Procedure for Testing
The Manager in consultation with the HR Officer must determine whether there is
sufficient cause to test for drugs or alcohol.
Between the decision to test and the test being taken the Manager and HR Officer must
accompany the employee at all times.
The employee should be asked to undergo the test and provide consent to the testing.
If the employee refuses to provide consent or undergo the test (subject to there being
no emergency situation that precludes them from doing so), the disciplinary procedure
will be followed on the grounds of failing to follow established organisational procedures.
The employee will be escorted home to take unpaid leave for the remainder of that day.
Once the employee provides consent, they should be accompanied immediately to the
designated site for testing purposes.
A negative drugs or alcohol test will result in the employee’s employment being
continued with no loss of pay.
A not negative alcohol breath test that exceeds parameters described in item 6.5.1 will
result in the employee being stood down and escorted home to take unpaid leave for
the remainder of that day. Upon their return to work they will be required to participate
in another breath test.
Following the collection of the urine sample for drugs testing it may be appropriate for
the employee to be removed from the work site until such time as the employee is
deemed fit to resume work. WDC will provide transport to deliver the employee home if
deemed necessary. Leave will be on full pay; however, if results later reveal a not
negative test, steps will be taken to recover the lost wages.
WDC will notify an employee of the drug test result as soon as reasonably practicable
after the test.
A not negative drug test will result in the employee being stood down on no pay.
A not negative drugs or alcohol test may result in the employee being required to
participate in a Drug and Alcohol Rehabilitation (DAR) Programme. Refer Schedule 2
6.7 Disciplinary Procedure
Disciplinary procedures will be followed in any case where the employee:
Is observed taking drugs or alcohol on a WDC work site.
Is observed in possession of drugs or alcohol on a WDC work site.
Is observed selling or transferring drugs on a WDC work site.
Returns a not negative drug or alcohol test.
Note: The exception to this policy is the consumption or possession of alcohol at approved
WDC functions.
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7. Guidelines – WDC Social Functions
These guidelines are to assist in compliance with the WDC Alcohol and Substance Abuse Policy and
provide practical suggestions which can be used to meet the intent of the policy when holding WDC
social functions.
Organisers of functions, which include the dispensing of alcoholic drinks, are expected to:
7.1 Food and Drinks
a) Display and provide appealing mixes of non-alcoholic drinks throughout the function.
b) Display and provide a variety of low and non-alcoholic drinks as prominently as full
strength ones.
c) Include water and low energy drinks.
d) Offer food at the bar so food and drink can be ordered at the same time. Use
blackboards or printed menus to promote the availability of food.
e) Offer plenty of good solid food such as fruit, vegetables with dips, bread, cheese board,
hot savouries and seafood. This slows down the effects of alcohol.
f) Ensure there is enough food to last to the end of the function. Use of pre-packed
sandwiches or freezer-to-microwave food may be necessary.
g) Keep chips, nuts and other salty foods to a minimum as they increase thirst.
7.2 Transport
a) Encourage participants to use other means of transport to get to functions, rather than
bringing their own vehicles.
b) Consider designating non-drinking drivers, and have a range of non-alcoholic drinks
available free of charge for them.
c) Have available alternative means of transport home for those who have been drinking
alcohol. For example, designated drivers, taxis, buses and courtesy cars.
7.3 Environment
a) Combine a relaxed atmosphere with a safe environment by providing appropriate lighting,
seating and entertainment so that the primary focus of the function is not drinking
alcohol.
b) Discourage drinking games.
c) Ensure adequate toilet facilities are available throughout the function.
d) Provide ready access to a telephone throughout the function.
7.4 Serving Practices
a)
Ensure the person in charge of the drinks is aware of this policy and the guidelines on
host responsibility.
b)
Consider hiring bar staff trained in host responsibility for large functions.
c)
Serving alcohol to persons under 18 years of age is illegal and prohibited on WDC
premises.
d)
Use standard spirit measures and serve only single nips. Offer non-alcoholic mixers. Use
standard glasses throughout the function.
e)
Where appropriate, bar staff should be prepared to encourage individuals to slow their
alcohol intake by offering food and low or non-alcoholic alternatives.
f)
Avoid continuing to serve someone who is intoxicated and ensure they are cared for.
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8. Schedule 1 – Drug Information
Cut-off levels are determined for each drug at both the screening and confirmation phases. This
means that even if a drug is detected during either the first or second testing stage, the result will
still be reported as negative if the level of the drug recorded is below a set cut-off level.
Those cut-off levels are established because the aim of the workplace drug testing is usually to
identify significant residues of the targeted drug, not minute traces.
A person testing positive to a drug above cut-off levels indicates they have recently used the drug
or are a chronic user. Accordingly, if a person tests positive they are more likely than not to be an
‘at risk’ employee.
The drug cut-off levels are defined by the urine testing standard AS/NZS 4308.
Class of Drug
Cut-off level, µg/L
Amphetamine type substances
300
such as Ecstasy, Speed, “P”
Methamphetamine and BZP
Benzodiazepines (tranquillisers
200
and sedatives)
Cannabis and hashish
50
metabolites
Cocaine metabolites
300
Opiates such as heroin and
300
morphine
Drug Groups Tested For In This Unit
(AMP) Amphetamines
This drug group is also a stimulant of the central nervous system; it may cause similar effects as
Cocaine. In addition a user may suffer from loss of appetite. The half life of Amphetamines is 4 –
24 hours; approximately 30% of Amphetamines is excreted in the urine in its unchanged form and
can be detected 2 – 4 days after use.
(MDMA) Ecstasy
This drug is also part of the Methamphetamines group. It can be present in urine for up to 3 days
and is only detected at levels exceeding 2,000 µg/mL.
(mAMP) Methamphetamines
Methamphetamines are an addictive stimulant that strongly activates certain systems of the brain.
It is a cousin to Amphetamines but the central nervous system effects are much greater. The drug
is taken orally, injected or inhaled. An acute condition will produce anxiety, hallucinations and
eventually depression and exhaustion. The half life on mAMP is 9 – 24 hours in the body and is
detectable in the urine for 3 – 5 days.
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(THC) Marijuana
This is the primary active ingredient of Cannabis (Marijuana). When smoked or orally administered,
users have short term memory and slowed learning. They may also experience confusion and
anxiety. It has half a life of around 24 hours and is detectable in urine as soon as a few hours after
smoking. However, it remains detectable for up to 10 days and in some cases up to 28 days.
(COC) Cocaine
This drug is produced from the leaf of the cocoa plant. It is a stimulant of the nervous system and
is also used for local anaesthetic. Cocaine is taken typically by smoking, injecting or inhaling. It is
a very addictive drug. The most common affects of Cocaine include increased heart rate (pulse),
dilation of the pupils, increased energy and alertness. Cocaine has a half life of 5–8 hours and is
detectable in urine for up to 48 hours after use.
(MOP) Morphine
Opium is derived from the Opium poppy. This also includes Morphine and Codeine. Opioid
analgesics comprises of a large group of substances that are used to control pain by depressing the
nervous system. In situations where large doses of Morphine have been used, the effects have
tended towards higher tolerance levels and physiological dependency. This can also lead to
substance abuse. This drug can be detected in the urine for several days.
More Information on Effects Detection Times
The effects of each drug mentioned are guidelines only. Some people occasionally may have other
effects.
There are a number of factors to consider when trying to analyse how long a drug group will remain
detectable for. The breakdown period of each group metabolises (breaks down) in the body at
varying rates.
Even the type of user can affect the breakdown rate - the age, height, and size of the person being
tested have a big bearing on the speed that the drug is flushed through the body. Another
consideration is the amount of drug taken and how it was administered. All these areas mentioned
make a difference as to how long the detection times last for.
Below is a general guide of the average detection times.
Drug
Group
Effect Time
Detection Times
(AMP)
Amphetamine
3 – 4 hours
2 – 4 days
(mAMP)
Methamphetamine
2 – 4 hours
3 – 5 days
(THC)
Marijuana, Cannabis and Hashish
1.5 – 20 hours
10 – 28 days
(COC)
Cocaine
3 – 5 hours
24 – 48 hours
(OPI)
Opium, Morphine and Heroin
2 – 3 hours
2 – 3 days
Hair Testing Information
Hair testing is believed to be the most accurate and effective method of finding users of drugs of
abuse. Using a small sample of hair cut at the scalp, hair analysis evaluates the amount of drug
metabolites embedded inside the hair shaft.
When compared to the more traditional forms of testing, i.e. urine testing, hair samples can detect
a longer period of drug use. With urine, most drugs are undetectable if urinalysis is done more than
3-6 days after use, with the exception of cannabis, which may be detected for a slightly longer
period of time. After the 3-6 day period, a urine donor will test negative and slip through the urine
screening process. With hair samples, the only time limitation for detecting drug usage is imposed
by the length of the donor’s hair. Each 15mm of head hair provides a 30 day history of drug use.
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The standard for the industry is to test 45mm, which provides a 90 day history of the donor’s drug
use. If no head hair is available, body hair can be used.
Bleaches, shampoos and external contaminants (i.e. cannabis smoke) have no known impact on
test results.
Drugs included in a standard hair test include cocaine, cannabis, opiates (codeine, morphine and 6-
monoacteyl morphine), methamphetamine, (Meth/amphetamine & ecstasy) and phencyclidine
(PCP).
A standard test requires 60+ milligrams of hair or approximately 90 to 120 strands.
(Information from the New Zealand Drug Detection Agency (NZDDA): www.nzdda.co.nz
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9. Schedule 2 – Drug and Alcohol Rehabilitation Programme
Voluntary Drug and Alcohol Rehabilitation
Any WDC employee may voluntarily join the WDC Drug and Alcohol Rehabilitation (DAR)
Programme.
WDC will fund voluntary rehabilitation as follows:
An initial assessment with a Employee Assistance Programme (EAP) Drug and Alcohol Counsellor.
Up to three sessions with a Drug and Alcohol Counsellor.
EAP may refer the employee onto a Specialist depending on the degree of addiction.
The employee must fund any rehabilitation beyond the three sessions, however depending on
the referral some are without cost.
Employees will be required to use leave entitlements for absences during the DAR Programme.
Employees can contact EAP on 0800 327 669 to request information on Drug and Alcohol
Rehabilitation.
All communications between the employee and the rehabilitation specialist will be strictly
confidential. No information relating to the employee will be communicated back to WDC.
Compulsory Drug and Alcohol Rehabilitation
If an employee tests positive for drugs or alcohol under the post incident and reasonable cause
clauses of this policy they will be required to participate in a DAR Programme as a condition of any
ongoing employment.
Employees will be required to use leave entitlements for absences during the DAR Programme.
The programme shall involve:
An assessment of the employee and a recommendation as to their specific rehabilitation needs.
The signing of a Drug and Alcohol Rehabilitation Contract (Schedule 5) by the employee which
will include:
Acknowledgement of a positive drugs or alcohol test
Commitment to a DAR Programme
Consent to conduct follow-up testing over a two year period following the completion of the
DAR Programme
WDC will fund rehabilitation as follows:
An initial assessment with a EAP Drug and Alcohol Counsellor
Up to three sessions with a Drug and Alcohol Counsellor. EAP may refer the employee
onto a Specialist depending on the degree of addiction.
Additional costs of rehabilitation deemed appropriate by the HR Officer, employees
Manager and approved by the Chief Executive.
Refusal to participate in the DAR Programme may result in disciplinary action.
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Participation in DAR Programme
1.
The HR Officer will inform the employee they are required to participate in the DAR
Programme. The HR Officer will explain what the programme will involve, including post
rehabilitation testing.
2.
The employee is required to sign a contract agreeing to the programme and the associated
follow-up testing. Refer Schedule 5
3.
The HR Officer will arrange an appointment for the employee to meet with the EAP Drug
and Alcohol Counsellor for an initial assessment of their drug and alcohol problem.
4.
The EAP will make a recommendation to the HR Officer following the initial assessment.
The DAR Programme could range from counselling or referral to other rehabilitation service
providers depending on the severity of the problem.
5.
If necessary for a safe working environment an alternative position may need to be
considered for the employee undergoing rehabilitation. Alternative duties will be
determined in conjunction with the HR Officer, the employee’s Manager and the Chief
Executive.
6.
Feedback on rehabilitation will be provided to the HR Officer from the EAP and/or
rehabilitation service provider.
7.
The rehabilitation will last no longer than 3 months unless agreed by the HR Officer, the
employee’s Manager and the Chief Executive.
8.
On completion of the DAR Programme, the employee will undergo a further Drug and
Alcohol test. This is to set a baseline for subsequent tests. The employee will be subject
to up to six drugs and alcohol tests over a 24 month period from the date of completion.
Should any test following the completion of the DAR Programme return a positive result,
the employee will face disciplinary action, and may be dismissed.
______________________________________________________________________________________
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10. Schedule 3 – Consent for Drug Testing
Drug Screening
I ____________________________________________________ consent to undergo a drug test
to be undertaken by a qualified professional, which I acknowledge is for the purpose of determining
whether I have levels of an illicit drug(s) or of prescribed drug(s) present in my urine, higher than
the accepted international standard as defined by the Substance Abuse and Mental Health Service
Administration (SAMHSA).
I confirm that I have been told and fully understand my rights regarding the following:
The drugs that may be tested are; Cannabinoids, Opiates, Amphetamines, Cocaine, and
Benzodiazepines (others if applicable).
I have not been coerced into giving my consent to participate in the drug testing.
I undertake to advise the medical professional conducting the test(s) of any medication that I am
taking.
I consent to the results of the test(s) being communicated confidentially to the WDC HR Officer.
I will be advised of the results.
I understand that I may request the test sample be re-analysed within 14 days of receiving the
result.
Any collection, storage or exchange of medical information concerning the drug test will be in
accordance with the requirements of the Privacy Act. Results of the drug test will only be used
for the purposes for which they were obtained.
All documentation relating to the drug testing will be treated in strictest confidence.
I understand that a refusal to sign this form and undergo a drug test, or the return of a positive
result from the drug test means that I am further subject to the conditions of the WDC Alcohol
and Substance Abuse Policy, which has been given to me in writing.
I have read and understood the terms of this consent form.
_____________________________________
Date:
_______________
(Employee)
_____________________________________
Date:
_______________
(For and behalf of Waitomo District Council)
_____________________________________
Date:
________________
(Witness)
______________________________________________________________________________________
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11. Schedule 4 – Consent for Alcohol Testing
Alcohol Screening
I ____________________________________________________ consent to a Breathalyser test
for alcohol.
I understand for the test to be positive there must be an indicated level higher than that defined by
the NZ Transport Agency, currently 400 micrograms of alcohol per litre of breath for people over 20
years of age and 150 micrograms of alcohol per litre of breath for people under 20 years of age.
I confirm that I have been told and fully understand my rights regarding the following:
I have not been coerced into giving my consent to participate in the alcohol test.
I consent to the results of the test(s) being communicated confidentially to the WDC HR
Officer.
I will be advised of the results.
Any collection, storage or exchange of medical information concerning the alcohol test will be
in accordance with the requirements of the Privacy Act. Results of the alcohol test will only be
used for the purposes for which they were obtained.
All documentation relating to the alcohol test will be treated in strictest confidence.
I have read and understood the terms of this consent form.
_____________________________________
Date:
_______________
(Employee)
_____________________________________
Date:
_______________
(For and behalf of Waitomo District Council)
_____________________________________
Date:
________________
(Witness)
______________________________________________________________________________________
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12. Schedule 5 – Drug and Alcohol Rehabilitation (DAR) Contract
Name: ________________________________________
Position: ________________________________________
I, ___________________________________________________________________, hereby
acknowledge that on receipt of a positive (
alcohol / drugs) test on (
date), my continued
employment with WDC is subject to the following terms and conditions:
1. I am committed to full participation in the Drug and Alcohol Rehabilitation (DAR) Programme
with a Rehabilitation Service Provider(s) as specified by my employer. I agree to attend all
sessions, and complete the requirements specified by the programme. I authorise the
Rehabilitation Service Provider to release the following non-medical information to my
employer:
My record of attendance for appointments
The Rehabilitation Service Providers recommended course of treatment
Whether I am following the recommended course of treatment
Recommendation as to whether or not a return to work is appropriate at any given time
My participation, including completion, of the required course or treatment.
2. I understand that should I not attend the initial or any subsequent appointments, or not
complete the required course or treatment, this will be considered a breach of contract and may
result in disciplinary proceedings.
3. I agree to undertake this programme outside of my working hours, or use my sick leave
entitlement.
4. I agree that, if on any future occasion I am found to be in possession of, selling or taking drugs
or alcohol in the workplace, or if I return a positive drug or alcohol test, the consequence may
be serious misconduct
5. I agree to undertake one drug and alcohol screening test on completion of the rehabilitation
programme and at least six further drug and alcohol screening tests, spaced at random
intervals, within the 24-month period to (
date). I agree to the release of the test results to my
employer, and I understand that a positive test result from any of these tests may result in
serious misconduct.
6. I acknowledge that the terms specified above are in addition to the terms and conditions of my
current employment agreement, and I agree to be bound by the conditions in both documents.
_____________________________________
Date:
_______________
(Employee)
_____________________________________
Date:
_______________
(For and behalf of Waitomo District Council)
_____________________________________
Date:
________________
(Witness)
______________________________________________________________________________________
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Policy Approved:
Chief Executive, Waitomo District Council
2
December 2013
Date
______________________________________________________________________________________
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