While improving safety is perhaps the main reason to have a detailed workplace drug and alcohol policy, it’s not the only one. A policy can also protect your business from potential legal challenges and create a clear framework that everyone in the organisation understands and adheres to.
The importance of a clear and consistent policy
A well-defined drug and alcohol policy serves multiple purposes in the workplace. For example:
- It helps to ensure a safe working environment by reducing the risk of accidents or incidents caused by impairment due to drugs or alcohol.
- It communicates the company’s stance on drug and alcohol use, making employees aware of the expectations and consequences of policy violations.
- A policy can offer support to employees struggling with substance abuse, guiding them toward rehabilitation programs rather than immediate dismissal.
- It helps maintain productivity by reducing absenteeism and poor performance related to drug and alcohol use.
- A drug and alcohol policy provides a clear framework for handling drug and alcohol issues, ensuring that all employees are treated fairly and equally. This can also protect the company legally, particularly if an employee challenges a decision related to drug and alcohol use.
A drug and alcohol policy can protect your business from legal challenges
The last point is an important one and is one of the reasons Integrity Sampling recommends that all workplaces have a robust drug and alcohol policy in place. Safeguarding your business against legal challenges is important, particularly if employees who feel they have been treated unfairly seek legal recourse. A well-drafted and consistently enforced policy can provide your business with the protection it needs in such cases.
Consider the case of a worker who was dismissed after refusing to undertake drug and alcohol testing:
- The employee admitted he didn’t want to take the test because he had used cannabis the night before.
- The company he worked for had a drug and alcohol policy in place. The policy included details of its drug and alcohol testing, including disciplinary action for breaches. These actions could include termination of employment.
- While the employee argued the dismissal was unfair, the Fair Work Commission ruled in favour of the employer, stating that the company’s drug and alcohol policy was clear and had been applied consistently.
- This outcome highlights the importance of having a strong policy in place and following it to the letter.
In another case, an employee was dismissed after failing a drug test for the third time:
- The worker had previously tested positive for drugs twice.
- Around a year after the second positive test, he tested positive again.
- The worker admitted to taking a pill of unknown substance at a friend’s party on the same day of the drug test. Lab analysis confirmed the worker had amphetamine and methamphetamine in his system.
- The employee contested the dismissal, claiming it was unjust. However, the Fair Work Commission upheld the employer’s decision, noting that the company’s drug and alcohol policy clearly stated the consequences of repeated violations.
- This case further emphasizes the critical role that a well-defined policy plays in protecting businesses from legal risks.
Crafting an effective drug and alcohol policy
If your business doesn’t have a drug and alcohol policy, or your current policy needs updating, what’s involved?
When developing a workplace drug and alcohol policy, it is important to ensure that it is comprehensive, clear and compliant with relevant laws and regulations. The policy should cover key areas such as the purpose of the policy, the types of testing that will be conducted (e.g., pre-employment, random, post-incident), the procedures for conducting tests and the consequences of policy violations.
Additionally, the policy should be communicated effectively to all employees. This can be achieved through training sessions, regular reminders and making the policy easily accessible to everyone in the organisation. Employees should also be given the opportunity to ask questions and seek clarification to ensure they fully understand the policy.
Sounds like a lot of work, and it is, but help is at hand.
At Integrity Sampling, we understand the complexities of implementing and enforcing a workplace drug and alcohol policy. Our team of experts can assist your business in developing a policy that is tailored to your specific needs and compliant with industry standards. We also offer comprehensive training and support to ensure that your policy is applied consistently and effectively across your organisation.
Contact us today. Together we can protect your business and ensure a safe, productive work environment.
Safety is everyone’s business
The theme for this year’s National Safe Work Month is “Safety is everyone’s business”. This theme underscores the critical importance of fostering a safe and healthy workplace as a fundamental right for workers across all industries. It also reinforces the idea that creating a secure work environment is a shared responsibility among all workers, from top-level management to employees on the ground.
This week’s theme is ‘Risk management fundamentals’. One of the essential ways to protect your business from the risks of drugs and alcohol is to develop and implement a robust drug and alcohol policy and procedures. Plus, if your business makes safety a priority, you should also implement drug and alcohol testing.
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There are many reasons for having a robust drug and alcohol policy in place in your workplace. Protecting your organisation legally is just one of them.