If you are considering implementing a Drugs & Alcohol policy in your workplace, there are some considerations that should be worked through prior to the introduction of the policy. Though there is case law available that has supported employer’s decision to terminate a worker, there are as many cases where the worker has overturned this decision due to poor design and implementation of the policy.
However, before getting to a court of law to determine if a termination relating to Drugs & Alcohol was just, employers should ensure that their company’s drug and alcohol policies are developed through a consultative approach to assist in defining all the issues and how the process will evolve should a breach be identified. WHS Qld provide some guidance on this.
The Drugs & Alcohol Policy should
– clearly define in simple terms what is unacceptable behaviour, including any forms of disciplinary behaviour such as dismissal.
– be part of a structured communication process that ensures a consistent message is given to all workers including new workers, contractors and visitors to site.
– consider precautions to be implemented that consider ‘False Positives’ and even the possibility of faulty measuring equipment used as part of the initial testing.
These units are becoming more precise however they are only indicators of a ‘NonNegative’ and that a ‘Positive’ result is only provided from the NATA testing agency. Management reacting too early; victimising or even seen to be punishing a worker at this early stage should be cautioned.
In short when implementing any workplace policy, employers need to ensure the policy is clear, widely and consistently disseminated in an easily to understand format to assist in avoiding any confusion or a HR issue.