A well-known American journalist once said that consulting is seeking approval for a course of action you’ve already decided on. While this approach may work for some, if you’re a business manager implementing or modifying drug and alcohol management in your workplace, a different attitude will serve you better!
Consulting your employees when creating new or updated drug and alcohol management policies or procedures is important for several reasons. Most notably, it will increase the chances of employees embracing your plans. Plus, as we’ll also see in this post, consultation may keep you out of hot water.
Drug and alcohol management is all about safety
It’s a common misconception that introducing drug and alcohol management into a workplace – and particularly implementing drug and alcohol testing – can alienate a large part of your workforce. However, this isn’t the case, particularly if your employees are involved along the journey.
In Australia, drug and alcohol management and testing are predominantly about safety. It’s not about trying to remove people from the organisation who have substance abuse issues or punitive consequences. It’s simply about ensuring your workforce is fit for work. Drug and alcohol management is a natural extension of your health and safety program and is designed to keep employees safe.
When employees are involved in shaping drug and alcohol management policies, they better understand this. They will appreciate that these policies and procedures are helping to make their work environment a safer place. In turn, they’ll be more likely to support the changes and adhere to the policies and procedures.
Fulfilling legal obligations
Bringing your employees along for the ride isn’t just about getting their support. You could also be required to consult by law.
In Australia, workplace health and safety laws mandate that employers consult with employees on matters that affect their health and safety, including the introduction and potentially the alteration of drug and alcohol policies and procedures.
If you don’t consult, you could face legal challenges and even potentially penalties.
An example highlighting the consequences of inadequate consultation is the case involving a packaging company. Early last year the company implemented changes to its alcohol and other drugs policy, including:
- Shifting from a comprehensive random testing approach to a selective random sample method.
- Eliminating on-site self-testing for alcohol and the option for employees to self-exclude after registering a blood alcohol concentration above 0.00%.
- Mandating that all non-negative drug test results, including those from prescription or over-the-counter medications, be treated uniformly, requiring employees to be stood down until a medical review officer assessed the results.
While the packaging company saw these as minor changes and administrative in nature, the workforce’s union disagreed. They took the case to the Fair Work Commission, arguing that the company had not met its consultation obligations under the relevant Work Health and Safety Acts.
The Fair Work Commission agreed with the union. It found that merely informing employees of the changes did not constitute genuine consultation, as required by law.
This case underscores the necessity for employers to engage in meaningful dialogue with employees when modifying drug and alcohol management policies and procedures that impact their health and safety.
Key learnings for workplaces
- Initiate discussions with employees at the outset of drug and alcohol management development or when considering changes.
- Offer comprehensive details about proposed policies or modifications, including the rationale behind them.
- Create avenues for employees to express their views, concerns and suggestions regarding the policies.
- Work together with employees to develop and refine policies, ensuring they are practical and effective.
- Keep employees informed throughout the process, addressing any questions or issues that arise.
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Consulting with employees when introducing or making changes to drug and alcohol management policies and procedures is a vital part of the process.
