Without exception, every business needs a drug and alcohol policy, whether or not actual testing is completed. However, a policy not backed up by testing procedures is at risk of failure. If workers know there is no drug and alcohol testing, the risk takers are more likely to use substances in and out of the workplace.
The question is: Who will be tested and when? This question is only one of many that need to be asked in order to shape drug and alcohol policy and procedures that meet legal requirements, exercise the employer’s duty of care, and protect employee safety in the workplace.
Developing a drug and alcohol policy usually begins with deciding that there is zero tolerance for substance use in the workplace. A zero tolerance policy does not mean workers are automatically fired should they test positive, but it does imply that there will be serious consequences. Those consequences could possibly include required counselling, temporary suspension, eventual termination for repeat violations, and so on. In safety-sensitive positions where co-worker and public safety is at risk, immediate job termination might be the consequence, but most Australian employers focus on harm minimisation and try to work with employees who are willing to accept counselling or treatment.
Asking the Right Questions
The first step in developing a policy is to engage employees in a consultative manner and get their input. Though some employers may be tempted to dictate a policy, workers are much more likely to embrace one developed in a partnership between employer and staff. An added benefit is that the employer can get “insider” information on the jobs and departments employees consider the most stressful and at highest risk for injury. The information can be coupled with employer knowledge about the business functions.
There are many questions employers must ask themselves in order to craft the ideal policy for their businesses.1
Will a drug and alcohol testing program be implemented?
What are the expected policy outcomes?
What are the management expectations for worker behaviour for policy compliance?
Will testing be random, done for-cause, or both?
How will “for-cause” be defined?
Who can decide if a for-cause situation exists?
What will be the basis for employee selection for testing (i.e. by department, unit, job description, location, etc.)?
What are the consequences should a worker refuse to be tested?
Who can approach a worker suspected of being under the influence of a substance?
What type of counselling and support will be offered (i.e. Employee Assistance Programs, counselling services, etc.)?
What disciplinary procedures will be followed?
Will there be pre-employment testing?
What is company policy on alcohol and drugs at workplace functions like office parties and other company functions?
What incident reporting procedures will be put in place, including maintaining confidentiality and the system for collection incident information for historical and legal reasons?
What type of training and education program will be instituted and who is expected to ensure employees are properly trained?
What is the policy for an employee returning to work after undergoing counselling or treatment?
What type of training are managers and supervisors expected to complete?
Of course, an employer may be asking at this point: Is this really necessary for a small business? The answer is: Yes. Developing a drug and alcohol policy is important for all sizes of businesses because safety risks exist in the five person business as well as the 500 person enterprise. A well written policy protects the employer and employees and ensures legal and personnel requirements are met and integrated with the values of the organisation.
Efficiency and Consistency
Written policies also demonstrate efficiency and promote consistent decision-making and policy application. That is particularly important when administering a drug and alcohol program because of the sensitive nature of testing. In addition, written policies give teeth to enforcement of the workplace rules, as long as employees are given proper training. Drug and alcohol policies provide a framework for accountability and for measuring worker performance.2
Australian employers have a duty of care to minimise workplace risks. However, employees also have responsibilities to adhere to safety procedures. A drug and alcohol policy gives managers and workers the information they need to fulfil their duties. It all begins by asking the right questions and then strategically answering the questions.
Mediscreen (mediscreen.net.au/) provides drug screening services that support the policies and procedures put into place by employers. As a national onsite drug and alcohol screening service provider, the company’s services provide employers greater legal defensibility and access to industry best practices.
This article has been taken from http://mediscreen.net.au/articles/?p=2216
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