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DRUGS & ALCOHOL IN THE WORKPLACE |
Mar 2016 FAIR WORK BUILDING & CONSTRUCTION DRUG & ALCOHOL TESTING UPDATE
In our previous Drug & Alcohol Newsflash we
highlighted that as of 1st February 2016 the Building Code 2013 now
mandates Drug & Alcohol Screening.
Non-Compliance issues with the Building Code
All construction projects that meet a threshold for Commonwealth funding are required to have a fitness for work policy that includes mandatory random drug and alcohol testing for those on site undertaking building work. Contractors must ensure their policy is compliant and that the testing regime onsite reflects that policy. The examples listed above would render a contractor’s fitness for work policy non-compliant with the Building Code and may ultimately lead to exclusion from Commonwealth funded building work. Further information on the drug and alcohol testing under the Building Code can be found here |
Jan 2016
This month we wanted to dedicate this
enewsletter to drugs and alcohol in the workplace. If you saw our
recent Newsflash on the amendment to the Building Code 2013, to include
Head Contractors that must now have a “comprehensive policy for managing
drug and alcohol issues in the workplace, including mandatory testing
and a zero tolerance for drugs and alcohol”, you can understand this is
an issue that reflects a concern across the country and the great
importance of a having a comprehensive policy in place. |
Editor in Chief from the
Health & Safety Handbook, Michael Sellinger wrote:
“The introduction of changes to the Building Code follows on from a
number of inquiries that have revealed widespread use of amphetamines
and other unlawful drugs in the construction and other industries.
Some of these recent inquiries include: · A report prepared by the Australian Crime Commission in 2015 called The Australian Methylamphetamine Market – the National Picture · A parliamentary joint committee on law enforcement taking submissions in its inquiry into crystal methamphetamine (Ice)
·
Media reports of a former paramedic in Tasmania who worked under the
influence of Ice for five years and was never drug tested at work
The timing of the introduction of changes to the Building Code coincides
anecdotally with a growing trend of employers across Australia
introducing or refining their drug and alcohol testing procedures. They
wish to ensure that their workplaces remain safe from the risks posed by
workers operating under the influence of drug and alcohol.
Lessons for your own business
·
The risk of misuse of drug and alcohol in your workplace needs to be
assessed and appropriate procedures put in place to minimise that risk.
·
For some organisations, the risk will be low and limited to certain
circumstances where alcohol may be provided to staff as part of a
work-sponsored activity.
·
On the other hand, organisations that have a larger or more diversely
spread workforce that is not as easily monitored may have a greater risk
of misuse of drug and alcohol. This will again depend a lot on the
existing culture of the organisation.
·
The introduction of any drug and alcohol policy has to be carefully
balanced with the privacy issues associated with testing procedures.
·
It is also important to ensure that any testing undertaken, either
directly or through a third party, is effective and accurate given
consequences that flow from the finding of such misuse, which include
disciplinary action and, in some cases, criminal proceedings.” Here is an example of a
case where the organisation has a strong policy in place, this was taken
from an article by Jeff Salton, Editor for Health & Safety Bulletin on 1st
October 2015:
“Unfortunately, some employers might find themselves with a workplace
health and safety issue if an employee fronts for work after the long
weekend a little worse for wear, potentially placing themselves, others
workers or the public in danger.
It might sound a bit far-fetched but that’s what happened at the
Kimberley Ports Authority this year. A
welder failed a random breath test at 8.30am after admitting to
consuming 20 cans of full-strength beer over 12 hours on Australia Day.
He had gone to bed at 10:30pm and attended work on January 27 at 6am.
Despite the worker saying he felt fine, he blew 0.026% and was in breach
of the company’s 0.00% fitness for work (FFW) policy.
The Kimberley Ports Authority (KPA) dismissed the welder and the Fair
Work Commission upheld the company’s decision.
How much is too much?
Before Commissioner Danny Cloghan, the welder
argued his breach of the policy was a first-time offence and a genuine
mistake, the breath test uncovered only a minor
alcohol reading
which posed no safety risk, and his dismissal
was disproportionate.
But KPA maintained that its actions were
consistent with its policy, especially given the potential safety risk,
coupled with the fact that the welder had a blood alcohol reading of
0.020% nearly three hours after the initial test.
It claimed that its workforce was aware that
two employees had been dismissed in August last year for similar
breaches, and a third was sacked for a first-time offence in December.
The commissioner noted that KPA’s firm
position on safety was further illustrated by its provision of
self-testing breath alcohol equipment at the worksite, which the welder
had failed to use on the morning he was randomly tested.
“Alcohol and safety on the waterfront do not
mix. I understand, as I am sure the employees at the KPA understand, the
potential for workplace accidents increases when alcohol is in the blood
stream of employees.”
“The FFW Policy’s simple objective is to make
the workplace safer, the Policy is one way of achieving that objective.
[The welder] breached the Policy in very disapproving circumstances.” |
ALCOHOL AND/OR DRUGS IN THE WORKPLACE DO NOT MIX |
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