Risk Management of Alcohol & Drugs in the Workplace for Scaffolding Association QLD Members

1. Introduction To Risk Management ofAlcohol & Drugs in the Workplace for Scaffolding Association Queensland members.

2. Work Health and Safety Regulation 2011: QLDPart 3.1 Managing risks to health and safety Briefly an Employer/business or PCBU (Person who conducts a business or an undertaking) has a duty to: • Identify Hazards in their workplace • Manage risk by either eliminating, or where not practical minimise the risk, applied risk management • Maintain and Review Control Procedures. • Protect the Health & Safety of Workers & Others • These responsibilities are even great when operating in a “High Risk” occupation such as Scaffolding

3. How to actively manage an AOD Policy • As managers /supervisors you are expected to investigate situations that may breach the company Drug and Alcohol Policy or PCBU Duty of Care • Appropriate steps should be taken to deal with the employee if the manager / supervisor: • Observe an employee in possession of, using drugs or alcohol or finds evidence of usage; or • Detects the odor of alcohol or cannabis on an employee; or • Suspects an employee is working under the influence of drugs or alcohol ; or • Learn from a reliable or credible source that the employee has consumed drugs or alcohol. This is extremely difficult to act upon if you do not have a D and A policy

4. The hazard of Alcohol & Other Drugs cannot be ignored:

5. Key Considerations

6. The Benefits of a “Drug-Safe” Workplace • Assists in combating Safe-work and Fair-work action/claims against Directors/Management in the event of an Alcohol or Drug related incident. • Is a deterrent for staff who are seeking employment or are employed, to be involved in drug taking. (Added benefit to not only your Company but their families and community) • Increases productivity and profitability • Can assist in reducing Workers Compensation and insurance premiums • Reduces the occurrence of accidents, theft and fraud. • Assists in educating your staff to what majority of Principal Contractors will require on their workplaces as set out by the relevant unions.

7. How can DSW assist SAQ Members • It is difficult to eliminate alcohol and drugs in the workforce, but DSW can offer strategies to minimise the risk, including: • Development of an individualised Alcohol & Other Drug Policy (AOD) • Staff Education on Policies and Procedures, Fit for Work Training • Conducting Drug & Alcohol Screening •  Surface drug residue detection •  Maintain and Review Control Procedures

8. The Screening Program: • Pre-Employment – “Turn off the Drug Tap” • Annual Blanket Screen – “Audit” • Random Screen – “Expect the Unexpected” • Incident screening in the event of an accident causing substantial damage or injury (Safe guard) • Testing upon suspicion if employee is identified as being under the influence • Return to Work/Causal – “Safety will not be compromised” •  Laboratory analysis of any unconfirmed results together with full reporting of results at the end of each booking with quarterly/annual reporting available

9. The Drug-Safe process to a safe and manageable workplace – R.E.E.M. • Update your Alcohol & Other Drugs Policy (Review) • Communicate the importance of a Drug-Safe Workplace and share knowledge through Drug awareness workshops. (Educate) • Establish a base-line that meets your company’s budget and identifies the “Hot-Spots” that are the most risk to your business and reputation through screening programs. Blanket, Random, Pre-employment, Show Cause and Incident management (Execute) • Manage ongoing screening program, report of outcomes and monitor Legislative changes in the market place (Monitor)

11. How is a test conducted? Oral Fluid Testing (AS 4760 - 2006) • Shorter window of detection • Small window of detection • Looks back hours/days • Limited industrial standards • Deficient in detecting some drugs Current standard approved by CFMEU

12. How is a test conducted? Urine Testing (AS/NZS 4308 - 2008) • Most popular • Most accurate (less embarrassing false positives) • Looks back days/weeks • Industry standards exist • May be used for all testing circumstances

13. Drug and alcohol policies and the workplace Posted by Fair Work Legal Advice · Friday, September 16th, 2016  The Fair Work Commission has found a dismissal based upon an employee’s alleged failure to comply with what the employer claimed was a lawful and reasonable direction to be relevantly unfair. The decision arose from an unfair dismissal case after an employee was dismissed under the company’s drug and alcohol policy for refusing to submit to a drug and alcohol test on the basis according to the decision that the employer had failed to strictly comply with the technical requirements of its policy in that(a) the process of the test proposed by the company failed to comply with “chain of custody requirements” stipulated in the policy and Australian standards;(b) although the line manager had been a pathology collector 15 years ago, she had not undertaken drug screens in the last four years; and(c) fundamentally, it would not be appropriate for a test to be conducted by someone the employee worked with especially the employee’s line manager. Moore v Specialist Diagnostic Services Pty Ltd trading as Dorevitch Pathology (U2016/6425) This further highlights the importance of a compliant D and A policy

14. Drug and alcohol testing in the workplace Posted by Fair Work Legal Advice · Monday, March 6th, 2017  The Fair Work Commission has repeatedly upheld dismissals for breaches of alcohol and drug policies in safety sensitive industries such as aviation and mining. There would be little point contesting a dismissal as unfair where an employee failed an alcohol test no matter by how much on an oil rig for example. However, in industries which are not as self-evidently in need of strict compliance with zero tolerance to alcohol or drugs the position has not been so clear. There have been cases where a dismissal for a contravention of a zero tolerance to alcohol or drugs policy has been held to be unfair on the basis that the punishment did not meet the crime, particularly where the employee has honestly thought his or her body was clear of drugs or alcohol and the amount in the body was modest. Here however is a case where an employee received no benefit of the doubt, albeit where the employer’s policy could not be described as zero tolerance. Mr Bennett was dismissed for a breach of the Viterra Alcohol and Other Drugs Policy which provided that “it is unacceptable to present for work, or to be at work, or to carry out work with alcohol and/or drugs present in their system in contravention to levels prescribed by the relevant Glencore Grain/Viterra Procedures”. The level of alcohol prescribed relevant to Mr Bennett’s work was 0.02. His initial reading was 0.043 which dropped to 0.40 18 minutes later. Both readings are at least double the level prescribed. The Alcohol and Other Drugs Policy does not require any intention or knowledge by the employee. Mr Bennett accepts that he was in breach of the Viterra Alcohol and Other Drugs Policy. The fact that Mr Bennett’s metabolism rate may be lower than the statistical average does not change the reading. I find that Mr Bennett breached the Viterra Alcohol and Other Drugs Policy and this was a valid reason to terminate his employment. (This is an example of how a well constructed and managed policy works in the favour of the employer) Bennett v Viterra Operations Pty Ltd (2017) FWC 2017 delivered 1 February 2017 per Platt C

15. Special offer for SAQ Members • Free review of any existing Drug and Alcohol Policy a member may currently have in place. • Tailored Drug and Alcohol Policy plus Tool box Educational video for $495 plus GST. (Normally $990 plus GST) • 10% Discount off any screening performed for SAQ members. Screening cost are dependent on annual volumes performed for an organisation. • Free risk management supporting documentation to assist members in monitoring their processes for audit purposes. Offer valid for 30 days for SAQ Members’

16. Thank you – QuestionsWe look forward to helping your Organisation become a Drug-Safe Workplace