Sample Policy for Managing Drugs and Alcohol in the Workplace

BACKGROUND:

One NSW Council involved employees, union delegates and, finally, the Labor Council of NSW when developing a drug and alcohol policy. This policy has been operating since 1998. It has been evaluated as a success in managing employees who have alcohol or other drugs problems in the workplace by both the Council and also by the NSW Labor Council.

Example Policy for Dealing with Alcohol and other Drugs in the Workplace

REASONS FOR POLICY

The misuse or abuse of alcohol and other drugs represents a significant problem to both employers and employees in terms of the losses in productivity in the workplace, accidents, absenteeism, lateness and disputes as well as human and health costs to individuals, their families and the community.

The Workcover Authority and National Health and Medical Research Council has estimated that the total economic cost to Australian Society of the misuse or abuse of alcohol and other drugs is over $14 billion per year.

Employees have a better chance of recovery from long term alcohol and/or other drug dependency problems while ever they remain in a work environment.

The NSW Occupational Health and Safety Act 1983, within the General Duty of Care statement, covers use of drugs and alcohol in the workplace. The Act imposes the following obligations on Council in respect to all Council employees, including Councillors/Contractors/Sub-Contractors and Consultants engaged by Council:

* Employers are to ensure the health, safety and welfare at work of their employees and visitors

The Act also imposes the following obligation on employees:

* Employees are to take reasonable care of the health and safety of others and to cooperate with employers to comply with occupational health and safety requirements.

There are substantial penalties for both Managers and Employees under the Occupational Health & Safety Act for failure to carry out these obligations. (As at August 1998, the maximum fines are $55,000 for a manager and $3,300 for an individual employee. These fines are increased regularly).

OBJECTIVE

* A work environment in which the safety and optimum performance of staff is not adversely affected by the use of alcohol or other drugs.

INTERPRETATION

Employee - for the purposes of this plicy where the word employee is used it shall be taken to mean any person who is engaged for either wages, salary, contract or other reqard or is acting as agent on behalf of Council. It shall include but not be limited to the following:

* Staff directly employed by Council;
* Contractors/sub-contractors and any of their employees whilst engaged on work for Council;
* Council's consultants or their employees whilst on Council work;
* Agents whilst acting on behalf of Council.

INTENT OF POLICY

1. To prescribe a set of conditions of employment that if complied with will ensure that no employee or other person is put at risk by an employee acting under the influence of alcohol or other drug which may impair that employee's judgement or performance.

2. Through Council's Employee Assistance Program, workplace education and peer support, provide all employees directly employed by Council with the opportunity for assistance and support in rehabilitation from alcohol or other drug dependency.

3. Ensure that people who are dependent upon alcohol or other drugs are not discriminated against for seeking assistance to overcome the dependency, and that any requests for assistance or subsequent support be provided with confidentiality maintained.

CONFIDENTIALITY

Confidentiality is fundamental to dealing with problems in the workplace that are related to the misuse or abuse of alcohol and other drugs in order to protect the privacy of individuals and to encourage employee's acceptance of prevention and treatment measures. The practices to be followed are listed below:

* Conversations relating to work performance, conduct or the misuse of alcohol or other drugs must be conducted in private.

* All information regarding counselling or treatment must be treated as confidential.

* When employees seek counselling or treatment in their own time, management would normally not know that it is occurring.

* Employees may wish their manager to liase with their counsellor. In this case, employees must give their permission in writing for information to be disclosed. The only information that may be disclosed in such circumstances is work-related, in order to support the most effective management of a work performance or conduct problem and the reintegration of the employee into the workplace.

TRAINING FOR MANAGERS/SUPERVISORS

Managers will be provided with training in the following:

* Their role and responsibility for implementing this policy;
* How to identify and approach employees whose work performance or conduct is impaired;
* How to sensitively refer an employee to specialist counselling and treatment and to avoid taking on the formal counselling role themselves;
* Council's Welfare Officer will coordinate training through outside agencies.

CONDITIONS OF EMPLOYMENT

1. No employee shall present themselves for work or resume duties under the influence of alcohol or any other drug, except where the drug is legally prescribed by a registered medical practitioner (registered with the appropriate government authority) for the purposes of treating a medical condition.

2. During work hours, no employee shall ingest, inhale or inject any alcohol or any other drug (except where the drug is legally prescribed by a registered medical practitioner for the purposes of treating a medical condition).

3. Where an employee is on prescribed medication which may impair their judgement or performance, they must notify their supervisor and may be required to take sick leave.

4. The General Manager shall have the discretion to permit limited alcohol consumption for events, functions and the like approved by him or Council.

5. For its part in meeting the objectives of this policy, Council will provide appropriate education, information, counselling and instruction necessaryto have employees understand the risks associated with the use and abuse of alcohol and other drugs at work. Council will also facilitate rehabilitation programs where appropriate.

6. Contractors and agents engaged by Council as part of their conditions of engagement will be required to maintain records of instructions/training given to their employees regarding this policy and forward such information if requested by Council.

7. All employees should refer to any alcohol and other drug related safety concerns likely to pose a safety hazard to any persons (under the scopte of this policy and the OH&S Act) or community to their immediate supervisor and/or manager, and if the problem is not resolved to the relevant safety officer or OH&S Committee Representative or the Council's OH&S Coordinator.

APPROACHING AN EMPLOYEE ON THE JOB - PROCEDURE TO BE FOLLOWED

It is Council's objective to have a work environment in which safety and optimum performance of staff is not adversely affected by alcohol and other drugs. Council will assist any employee to overcome any form of abuse of either drugs or alcohol. The following procedure will apply if an employee is suspected by their supervisor of having consumed or used either alcohol or drugs at any stage of the work day (including on commencement or after any break).

The Supervisor will contact their 'superior' for advice and support. The 'Superior' will attend the job and together with the Supervisor will approach the employee requesting the employee to attend Council's doctor indicating to the employee that they feel that the employee may be endangering themselves or others by remaining on the job. If the employee is willing, the Supervisor will arrange transport to the Council's doctor's premises.

If Council's doctor determines (in his professional subjective opinion) that the employee is unfit to continue working, then the employee will be sent home for the day with appropriate arrangements made to transport the employee home. No payment will be made for the time lost from when the supervisor advises the employee that they suspect that they have consumed or used alcohol or drugs.

If Council's employee is fit to continue working, the the employee will return to the job. All time lost in attending the doctor will be paid for by Council.

If Council's doctor finds the employee is able to return to work, then the supervisor will submit a report to the General Manager. The report will state the reasons why the employee was sent to the doctor, including work performance factors, previous formal and informal counselling and a strategy to assist the employee back to good health.

If the employee is unwilling or hostile the Manager will be called to the job to talk to the employee wiht a view to influencing the employee to leave the job and attend Council's doctor.

If they refuse to see Council's doctor then the normal disciplinary procedure will be followed on their return to duty (not the agreed counsellng procedure). The employee will not be paid from the time of initially being requested to leave the job by the Supervisor until the following day at normal commencement time.

If an employee is on prescribed medication they must report this to their supervisor who will notify the circumstances in their diary. It is the employees responsibility to convince their supervisor that they are still able to carry out their normal duties. If the supervisor is unable to determine this, and is not convinced, Council's doctor will be contacted for a determination.

All matters will be treated in the strictest confidence.

REVIEW OF POLICY

This policy will be reviewed every three years.

COUNSELLING PROCEDURE

The following procedure for the counselling and if necessary discipline of employees who may be a safety hazard at work due to drug or alcohol use is consistent with existing awards, agreements and other established counselling and disciplinary measures which apply at Council.

The outline below is Council's counselling/disciplinary procedure for alcohol and drug use at work. This procedure uses a series of four interviews to guide an employee away from inappropriate drug or alcohol use and towards safer work practices.

Interview One.
The first interview should be held between the employee and the supervisor where the following is discussed:
· details of unsatisfactory work performance
· standard of performance required
· the employee should be offered professional counselling (through the Employee Assistance Programme) with time off work to attend
· An agreement should be reached about the time it will take for the employee to return to satisfactory performance. If in reviewing performance it is found that the employee has regained satisfactory performance there is no need to go any further.
· A record should be kept by the Supervisor/Manager of the interview with details of the matter and records kept by the Supervisor.
· If a further incident occurs within two years, the next step will be Interview Two.
· If there is no further incident within the two years since this interview, the employee will have a clean record.

Interview Tow
The second interview is held between the employee, supervisor and union representative. At the second interview:

· Any additional details of unsatisfactory performance and the standard of performance required should be stated.
· The employee should be informed that they risk further discipline and possible dismissal for failing to improve performance.
· The Supervisor should repeat the offer of assistance through professional counselling.
· A verbal warning is given to the employee with a written record kept of this verbal warning. The employee has the right to view the written record of the verbal warning and may comment if they wish to do so.
· If in reviewing performance it is found that the employee has regained satisfactory performance, no further interviews will be required subject to continued good performance.
· If there is a further incident within 18 months, the next step is Interview Three.
· If there is a further incident after 18 months, the process recommences at Interview Two.
· If there is no further incident within the two years since this interview, the employee will have a 'clean record'.

Interview Three:
Interview Three should be held between the employee, the manager and the union representative. At the third interview, the manager should indicate:

· All details of unsatisfactory performance
· Inform the employee that they risk losing their job if their performance continues to be unsatisfactory.
· Repeat the offer of professional counselling.
· Review the performance of the employee on an ongoing basis.
· Prepare a first written warning detailing the circumstances and ways of rectifying. The employee has the right to comment on the written warning if they wish to do so. The written warning will be kept on the employee's staff file.

If the employee's conduct concerning drugs or alcohol improves in the next 18 months, then the first written warning will be relented and after a further six months, the employee will have a clean record. If there is any further incident within the next 18 months, the process will move to Interview Four. If there is a further incident after 18 months but within 2 years, then the process will recommence at Interview Three.

Interview Four:
Interview Four should be held between the employee, a union representative and the manager. The manager should again indicate:

· All details of unsatisfactory performance
· Inform the employee that they risk losing their job if their performance continues to be unsatisfactory
· Repeat the offer of professional counselling.
· Review the performance of the employee on an ongoing basis.
· Prepare a final written warning detailing the circumstances and ways of rectifying with the letter indicating that if immediate improvement does not occur then termination of employment will occur.
· The employee has the right to comment on the written warning if they wish to do so. The written warning will be kept on the employee's staff file.

If the employee's conduct concerning drugs or alcohol improves in the next 18months then the second and final written warning will be relented and after a further six months, the employee will have a 'clean record'. If there is any further incident within the next 18 months, the process may proceed to termination. If there is a further incident after 18 months but within two years, the process will recommence at Interview Four.

If a period of two years has elapsed since any warning has been given, then all documentation relating to any drug and alcohol use will be removed from the employee's file.

For further information

Contact	:	Organising Assistant - Susan Sheather
Phone	:	+61 2 9264 1691
Email	:	s.sheather@labor.org.au
WWW	:	http://ohsnet.labor.net.au/ohsnet/news

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