Are there laws in South Australia that specifically state that workplaces need to manage drugs and alcohol, or indeed undertake drug and alcohol testing?
As we’ve highlighted before in our blogs, there’s no specific laws that dictate that either management or testing are mandatory. However, there are laws that make it a necessity if you work in a safety focused industry. For example, in South Australia we have the Work Health and Safety Act of 2012 and industrial manslaughter laws.
Specific industries also have laws that make drug and alcohol management and testing even more vital. And in South Australia’s transportation industry, one of those laws is called Chain of Responsibility.
Chain of Responsibility is part of the Heavy Vehicle National Law. It essentially lays out that when it comes to the safety of heavy vehicles on the road, it’s not just drivers that are responsible. Every stage of the transportation process, from business owners and managers, to those sending and receiving goods has accountability.
Here are some key points of Chain of Responsibility:
- Executive Accountability: Senior managers and directors are responsible for ensuring their business complies with road transport laws.
- Shared Responsibility: Liability isn’t just on drivers; it applies to anyone influencing transport activities (e.g., schedulers, consignors, loaders).
- Safety Obligation: Executives must ensure the business takes reasonable steps to prevent unsafe practices.
- Heavy Vehicle National Law (HVNL): In Australia, this law underpins Chain of Responsibility obligations. If safety breaches occur, executives can face fines or prosecution.
- Due Diligence: Executives must actively manage risks, implement policies and ensure staff follow safety procedures.
The link between Chain of Responsibility and drug and alcohol management in SA
Chain of Responsibility in SA’s transportation industry and drug and alcohol management are closely linked because it increases the accountability on workplace owners and managers to ensure a safe work environment. While the accountability is far reaching, it ensures, for example, that owners and managers have responsibility for truck drivers who drive while under the influence of drugs or alcohol.
Here are just some of the ways that Chain of Responsibility makes drug and alcohol management in the South Australian transportation industry vital:
- Legal Accountability: Under the laws, executives must ensure that all reasonable steps are taken to prevent drug and alcohol-related risks in their transport operations. Failure to manage these risks can result in legal penalties, including fines and prosecution.
- Workplace Safety Obligations: Owners and management must implement and enforce a drug and alcohol management plan to protect workers and the public.
- Policy and Compliance: The laws require businesses to have clear drug and alcohol policies, including drug and alcohol testing procedures and disciplinary actions. These policies must align with the Heavy Vehicle National Law and workplace health and safety laws.
- Risk Mitigation and Due Diligence: Executives must ensure that drivers and staff understand drug and alcohol policies.
- Drug and Alcohol Testing: Regular drug and alcohol testing should be conducted to help identify and prevent issues before they lead to accidents.
- Preventing Pressure on Drivers: Chain of Responsibility holds executives responsible for ensuring that schedules and workloads do not encourage substance use (e.g., drivers using stimulants to meet unrealistic deadlines).
Get help from Integrity Sampling
If you’re a transportation company and you’re unsure of your Chain of Responsibility obligations, you need help developing or updating drug and alcohol management plans, policies and procedures, or you need to implement drug and alcohol testing, Integrity Sampling can help.
In South Australia, we have locations in Adelaide, Fleurieu Peninsula, Gawler, Mount Gambier, Port Augusta and Riverland. We have geographical coverage across much of the state.
Contact us today!
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Are there laws in South Australia that specifically make drug and alcohol management or drug and alcohol testing mandatory?
