DRUGS AND ALCOHOL PROTOCOL
(A Discussion Document)
The Taranaki Strategic Group was formed in association with the Taranaki HSE Training centre to provide a lead in the promotion and delivery of HSE awareness.
These guidelines were prepared in consultation with members of this group having identified the need for consistency and support in managing the issue of drugs and alcohol in the workplace.
The guidelines are intended to provide some direction for businesses wishing to become free of drugs and alcohol. Support will be available through local networks and collaboration.
Table of Contents
DRUGS AND ALCOHOL PROTOCOL 3
Introduction: 3
Drug-Free Workplace 3
Statement of Intent: 3
What are the laws surrounding drug testing in the workplace? 4
Whether there is a potential health and safety risk. 4
Privacy considerations. 4
The effect on basic individual rights. 4
The provisions of the employment agreement. 4
The details of the proposed testing policy. 4
What to put in a policy : 5
Implementation 5
Roles and Responsibilities: 6
Testing: 7
Possible Consequences: 8
Appendix A: What drugs? 9
Appendix B: Grounds for Reasonable Cause 10
Appendix C: Social Function Guidelines 11
Q. Why test for drugs and alcohol? 12
Q. What is the risk posed by drugs and alcohol in the workplace? 12
Q. Why isn’t the acceptable blood alcohol level 0? 12
Q. How are prescribed medications handled? 12
Q. What is the ‘cut-off ‘ level ? 12
Q. If the company rule is that employees are not allowed to consume alcohol or 13
Q. How does the policy apply to contractors? 13
Q. How are visitors to a site/office treated? 13
DRUGS AND ALCOHOL PROTOCOL
Introduction:
A number of employers in the Taranaki area have agreed to share their procedures and experiences relating to ‘drug and alcohol use and abuse’ for wider exposure to achieve greater acceptance and expectation of safer workplaces.
‘Alcohol and Drug’ free workplace programmes help improve workplace safety and health in organisations of all sizes and in all industries. They also play an important role in fostering safer and drug-free families, schools and communities.
Drug-Free Workplace
Generally, a comprehensive drug-free workplace programme includes five components:
· Drugs and Alcohol Policy
· Consultation and Education
· Training
· Drug testing
· Rehabilitation
Although programs can be effective without all five of these components, it is recommended that all be at least explored when developing a program. Managers should consult and discuss to produce a fair program suited to the unique needs and challenges of their workplace.
The following information has been collated from effective drug-free workplace programs in action with a number of supporting and informational documents and references.
Statement of Intent:
The use of drugs and alcohol becomes an occupational safety and health issue if a worker’s ability to exercise judgement, coordination, motor control, concentration and alertness at the workplace is impaired and leads to an increased risk of injury or incidents involving themselves or others. Drug use can affect decision making, efficiency, mistakes, accidents, absenteeism and be reflected in business and customer relationships.
A policy sets out the means by which management seeks to ensure that it is not employing persons whose use of drugs or alcohol is likely to put themselves, their employer, other employees, the public or property at risk. The policy also stipulates that being under the influence of Drugs or Alcohol while at work, is prohibited.
What are the laws surrounding drug testing in the workplace?
There is no specific employment related law that deals with drug testing in
the workplace. (http://dol.govt.nz/workplace/knowledgebase/item/1361 )
Consider the following:
Whether there is a potential health and safety risk.
The Health and Safety in Employment Act 1992 places a duty on an employer to provide a safe workplace
Privacy considerations.
An employee's right to privacy in relation to personal information under the Privacy Act 1993 and common law may need to be taken into account when considering testing and the handling of results.
The effect on basic individual rights.
Relevant laws to consider may include the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990 (although the New Zealand Bill of Rights Act 1990 only applies to acts done by certain employers). Even if those laws do not make it unlawful for an employer to require an employee to undergo drug testing they may influence whether the requirement is reasonable.
The provisions of the employment agreement.
If an employment agreement gives an employer the right to require employees to undergo drug testing then, provided the provision in the agreement is reasonable and does not contravene the protections contained in any relevant laws, it is more likely that the employer will be able to require drug testing. Similarly, it will be difficult for an employer to introduce drug testing if that right is not contained in the relevant employment agreement, unless the employee gives the employer informed consent.
The details of the proposed testing policy.
Depending on the circumstances, random testing may be harder to justify than testing of specific employees for specific purposes, for example where an employee's ability to perform their job has the potential to affect the safety of others.
Development of a Policy
What to put in a policy :
· What is the purpose of your programme?
· Who will be covered?
· When will your policy apply?
· What behaviour will be prohibited?
· Will your programme include drug testing, and if so what types?
· What will the consequences be if your policy is violated?
· Will there be return-to-work agreements?
· What type of assistance will be available?
· How will employee confidentiality be protected?
· Who will be responsible for enforcing your policy?
· How will you communicate this information with your employees?
Implementation
· Look for information and assistance – there are a number of websites and providers, as well as local employers with experience and knowledge
· Communicate with all staff, unions, contractors if appropriate - conduct regular meetings with all staff
· Make information easily available and include in induction and standard training material
· Welcome questions – and ask your own – there is plenty of experience to draw on
· Train all managers and supervisors
· Make it business as usual
· Be confident of success
· Anticipate a long lead time
· Keep the introduction low-key – don’t sensationalise
· Review and monitor
Roles and Responsibilities:
(This will depend on the size and organisation of the business but the following should be considered.)
Activity / Who is ResponsibleRaising the issue / Every employer has a duty to identify a ‘potential hazard’
Implementing and Reviewing / Management (after consultation with employees/union)
Implementation / Management, supervisors, team leaders, coordinators etc.
Monitoring and reporting / Managers and where applicable HR/Occupational Health coordinator
Testing / Occupational health coordinator or medical professional (with appropriate training/certification)
Employers also have responsibilities in relation to social functions. (see: Social Function Guidelines)
Testing:
Testing will conform to AS/NZS 4308:2008 – the recommended practice for collection, detection, transportation, and chain of custody of urine samples.
The standard clearly defines the cut-off level for each drug tested. (See: What drugs?)
Informed consent - all persons who undergo drug and/or alcohol testing should be told the purpose of the exercise; who the information will go to; the name and address of the testing organisation; and the likely consequences for them if they refuse to participate.
Pre-employment – Prior to a position being offered a pre-employment health screening which includes a drug and alcohol test/ or drug and alcohol test only may be required.
Where a positive test is returned or the applicant refuses to be tested no offer of employment will be made and the applicant advised of the failure to meet the requirement.
Pre-deployment – Where there is a contractual requirement of a client’s project or drug and alcohol policy, employees may be required to undergo drug/alcohol testing. The agreed procedures will be communicated to personnel prior to deployment on a project or contract.
Reasonable cause – Where there are reasonable grounds to suspect that an employee’s performance of safety may be impaired by drug or alcohol use the issue should be raised with the individual’s supervisor/manager and the employee subject to a drug/alcohol testing. (see: Grounds for reasonable cause)
Post incident testing – any employee or contractor whose performance could have contributed to an incident where there was potential /actual harm or loss may be required to undergo a drug/alcohol test.
Post incident drug and alcohol tests must be conducted as soon as possible after the incident. The employee will be supervised between the incident and the test to prevent use of drugs and alcohol in the intervening period.
Ideally an alcohol test should be carried out within one hour, a drug test within two hours respectively of the incident.
Random testing – An arbitrary and transparent method will be used to determine a selection of individuals identified in safety critical roles, required to undergo drug and alcohol testing at any time. This type of testing may be restricted to specific times, sites, locations of staff; for example during shutdowns, major projects where workload, stress, numbers of staff are on the rise.
Annual Health Checks – as agreed in the staff employment contract, regular or annual health checks may include drug testing.
Observed use - Employees observed taking, selling, transferring or being in the possession or under the influence of drugs or consuming or under the influence of alcohol during working hours (other than during authorised social occasions) will be subject to the disciplinary procedures of the company.
Repeat tests - A second instance of a test returning a positive result outside an agreed rehabilitation programme could be dealt with as serious misconduct resulting in instant dismissal.
Searches - Searches of company or personal property on company premises may be undertaken where there are reasonable grounds. If personal property is involved the individual concerned will be present. Where a search confirms an employee is in possession of an unauthorised drug the management reserves the right to notify the police. Any instance of drug dealing or manufacture of drugs will be referred to the police.
Refusal to submit to a test can include:
· Refusal to take a test
· Inability to provide sufficient quantity of breath or urine to be tested without a valid medical explanation
· Tampering with or attempting to adulterate specimen or the collection procedure
· Not reporting to the collection site at the appointed time
· Leaving the scene of an accident without a valid reason before the test has been conducted
Information:
· Collection, storage or exchange of medical information concerning any drug or alcohol test will be in accordance with the requirements of the Privacy Act 1993 and the standard AS/NZS 4308:2008.
· All information gathered as a result of testing is collected for the purpose of implementing the drug and alcohol policy and its objectives.
· All information gathered as a result of testing will be held for the duration of the individual’s employment on the employee’s medical file.
Possible Consequences:
Of a result indicating Excess Alcohol or Failed/positive drug test
· For immediate safety - stand down and removal of the employee/contractor from the workplace
· Disciplinary action as per the company policy – may include a written warning relating to the drugs or alcohol use
· The employee may be required to undergo rehabilitation programme
· Contracted personnel who provide an unsatisfactory reading will be removed from the workplace and may be deemed unsuitable and not able to be approved for future entry
Appendix A: What drugs?
Testing will conform to AS/NZS 4308:2008 – the recommended practice for collection, detection, transportation, and chain of custody of urine samples.
The standard clearly defines the cut-off level for each drug tested.
Illegal drugs as defined by the New Zealand Misuse of Drugs Act 1975.
Legal drugs – the taking of prescription or non-prescription drugs that may affect an employee’s performance should be reported to immediate supervisor. Such drugs may be allowable, if consistent with safe performance of the employee’s duties and are used according to the prescribed /recommended dosage.
Drug test by urine analysis for the presence of:
· amphetamine, meth-amphetamine, eg: ’designer drugs’, ecstasy, fantasy, speed, ice, P
· Opiates, morphine, analgesiscs, narcotics, heroin, codeine, homebake
· Cocaine
· Cannabinoids, THC
· Benzodiazapines; eg depressants, valium, tranquillisers
A negative test will result in no further action.
A ‘not negative’ test will result in a request for confirmation by analysis with a Registered Laboratory.
Provision for retesting allows for a second test on a spare sample of urine taken at the same time as the original test.
Alcohol
Refers to any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine, and distilled spirits.
Alcohol test
By analysis of breath for the presence of alcohol.
Testing will conform to AS 3547-1997, the standard for breath alcohol testing devices.
The methods and standards for alcohol screening require a breath alcohol screening device that complies with the Land Transport Act 1998.
· *The levels as defined by Section 11 (a) of the Land Transport Act 1998.(And as amended 2011)
There is a zero alcohol limit if you are under 20.
Over 20 years of age over 400 micrograms per litre of breath or 80 milligrams per 100 millilitres of blood.
· *A lower level as determined by the employer, contracting company or site principal.
Appendix B: Grounds for Reasonable Cause
When assessing for reasonable cause, there will usually be more than one indicator present. Examples of reasonable cause include, but are not limited to the following:
· excessive lateness
· absences often on Monday, Friday or in conjunction with holidays
· increased health problems
· emotional outbursts