Substance abuse in the workplace is an ongoing problem. Employers face not only alcohol-affected employees, but the impairment of workers from the use of illicit drugs. Employees under the influence of drugs, or those recovering from them are putting the safety of others at risk each day, especially in the transport industry.

Occupational health and safety (OH&S) laws are in place throughout Australia to try to ensure the safety of workers. In Victoria, the Occupational Health and Safety Act 2004. requires:

• employers to provide a safe working environment that is without risk to employees;
  
  
• employers to ensure the public is not exposed to any risks because of the employer’s operations;
  
  
• employees to take reasonable care for their own health and safety, and for the health and safety of others; and
  
  
• employees to cooperate with their employers in their efforts to comply with OH&S obligations.

Workplace Policies and Education

Employers implement different methods to try to meet their OH&S obligations, and specifically to combat the problem of drug use in the workplace. Education about drugs can help employees understand the effects drug taking can have on the overall work environment - including higher injury rates, lost time, lost production and employee absenteeism. Education about drug use is an active and positive way to help reduce its prevalence.

In addition to education, some organisations implement workplace policies setting out the rights and obligations of both employers and employees. Consultation with workers can be a valuable step in implementing drug policies because employees may be more likely to respond to guidelines if they have been involved in their development. This process allows workers to voice any concerns or ideas relating directly to their workplace.
A successful workplace policy:

• is made freely available to all employees;
  
  
• requires employees to indicate their consent and understanding;
  
  
• requires employees to update their knowledge on a regular basis;
  
  
• is clear, concise and easy to read;
  
  
• is practical in its implementation;
  
  
• is efficient and cost effective;
  
  
• outlines the consequences of a breach;
  
  
• promotes safety in all areas of the workplace; and
  
  
• is developed specifically for the particular organisation.

A workplace policy addressing illicit drugs should form part of a transport organisation’s overall OH&S strategy. If correctly written and applied, workplace policies can be an effective way to prevent and monitor drug use in the workplace. Employers should seek legal advice to ensure their workplace policies are working and do not create onerous and unrealistic obligations on the employer.

An important aspect of any workplace policy, highlighted recently in a case involving Linfox Australia Pty Ltd ('Linfox'), is adequate workplace training about the policy. Training provided by an employer should require all employees to provide their signature acknowledging their attendance at the training session, and their understanding of it. In this case the dismissal of a driver who refused to take a drug and alcohol test was held to be unfair because Linfox was unable to prove the driver had been trained in the company’s drug and alcohol policy.

If you have any queries, or would like assistance in developing or implementing a workplace policy for your business,

please contact Louise Houlihan on 9608 2273 or l.houlihan@cornwalls.com.au

or Virginia Sadler on 9608 2106 or v.sadler@cornwalls.com.au