Drug and Alcohol Policy

What is a Drug and Alcohol Policy?

A Drug and Alcohol Policy is a document that employers can prepare and then distribute to employees, to outline their approach to drug and alcohol issues.

This Policy can assist in setting out an employer's expectations regarding drug and alcohol matters and can provide instructions and guidance to employees, contractors, customers and other third parties who have contact with the business. For example, it can specify whether any drug/alcohol use is permitted at the workplace (such as prescription drugs, or alcohol consumption at networking events), whether the employer undertakes drug or alcohol testing and if so how frequently and by what methods, and what action may be taken if an employee is found to be in breach of the Drug and Alcohol Policy.

What is the difference between a Drug and Alcohol Policy and an Employee Handbook?

An Employee Handbook is a comprehensive document which deals with a wide range of matters at the relevant workplace. It may touch on drug and alcohol matters but will not usually go into as much detail as a Drug and Alcohol Policy does.

A Drug and Alcohol Policy is specifically focussed on drug and alcohol matters so it usually goes into more detail than an Employee Handbook does. In addition, simply having a standalone Drug and Alcohol Policy sends an important message to employees that the employer takes these matters very seriously.

Is it mandatory to have a Drug and Alcohol Policy?

While it is not mandatory to have a written Drug and Alcohol Policy, employers in Australia (as well as some contractors), are legally obliged to implement work health and safety policies, practices and procedures and to provide a safe and healthy workplace to their workers. Workers that are under the influence of drugs or alcohol could impact the health and safety of themselves or other people at the workplace.

Therefore, a written Drug and Alcohol Policy is an important step in this process and can help manage risks and demonstrate the employer's compliance with their obligations.

Apart from the Drug and Alcohol Policy, what other employment policies does an employer need?

In addition to this Drug and Alcohol Policy, there are various other employment policies that employers should consider, such as:

• Employee Handbook: which provides an overview of the employer's general rules, standards and expectations of employees.
• Workplace Health and Safety Policy: which outlines the employer's approach to workplace health and safety matters.
• Discrimination Policy: to inform employees about how bullying, harassment, victimisation and discrimination are treated by the employer.
• Social Media Policy: which outlines the employer's approach to use of social media by employees.
• Remote Work Policy: which explains how remote work is managed by the employer.

Who is involved in a Drug and Alcohol Policy?

Usually senior members of staff will prepare the Drug and Alcohol Policy. This could involve senior managers or directors, or a human resources officer.

What can be the duration of a Drug and Alcohol Policy?

There is no expiry date for a Drug and Alcohol Policy so it can remain in place indefinitely. However, it should be reviewed regularly to ensure that it is up to date with current laws and with the organisation's current practices.

What has to be done once a Drug and Alcohol Policy is ready?

Once a Drug and Alcohol Policy is ready, it should be printed and/or saved electronically and kept on file with the employer, and employees should be made aware of it. For example, any existing employees should be notified of it and given a copy of it. Each time a new employee starts work with the employer, the new employee should be given a copy of the Policy.

In addition, it is a good idea to keep the policy in a place where it is easy for employees to refer to it - for example, physical copies could be kept in communal areas such as staff rooms. It could also be made available online, for example on the employer's intranet.

If the employer is getting employees to sign this Policy, the employer should get each employee to return a signed signature page, and should keep those signed pages on file.

From time to time, if the employer implements new rules or procedures, it may be necessary to update the Policy. When this occurs, the employer may notify employees of the updates, and release a new version of the Policy. The employer may ask employees to sign a new signature page at that time, to acknowledge the updated Policy.

What must a Drug and Alcohol Policy contain?

This Policy may cover such things as:

• what is and is not tolerated by the employer
• whether the employer conducts any drug and/or alcohol testing
• the form of any drug and alcohol testing (for example, urine/blood/saliva)
• the timing or frequency of any drug and/or alcohol testing
• the consequences of a positive drug and/or alcohol test
• details of any support which the employer may provide (such as time off work or referrals to relevant treatment providers)

If an employee's employment is terminated for a drug and/or alcohol related matter, and that termination is not consistent with the procedures outlined in the employer's Drug and Alcohol Policy, then it may be possible for the employee to claim that an unfair dismissal has occurred. Therefore it is important that this document accurately reflects the employer's actual approach to drugs and alcohol.

Can an employee be terminated for being intoxicated at work?

In many cases, yes, an employee can be terminated for being intoxicated at work.

Under the Fair Work Act, intoxication at work (where an employee is impaired to the point that they cannot perform their usual duties) is considered serious misconduct which makes it possible to terminate the employee. However, in some cases, terminating the employee might be found to be disproportionate and the employee might be able to make an unfair dismissal claim.

Furthermore, if the employer has a Drug and Alcohol Policy which prohibits the employee from being intoxicated at work and explains the processes that will be followed for testing and disciplining the employee, and if the employer has followed these processes, then this can help to show that the employer's actions were fair and reasonable and the employee should be dismissed.

Which laws are applicable to a Drug and Alcohol Policy?

Each state and territory has legislation in relation to work health and safety. Further information is available from Safe Work Australia. In many cases, employers in Australian may be found to have a legal obligation towards all employees to provide a safe workplace. This may include ensuring that other employees are not under the influence of drugs and/or alcohol while they are at work. Therefore, employers might be under a legal obligation to implement an effective Drug and Alcohol Policy.

Various industries have industry-specific laws which address drug and alcohol matters in the workplace. For example, the Building Code creates mandatory drug testing in some cases. Further information is available from the Australian Building and Construction Commission.

In addition, the Fair Work Act 2009 (Commonwealth) deals with other employment matters such as unfair dismissal.

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