Your business needs an adequate and reliable Fitness for Duty Policy, and drug screening forms a component part of this. Drugs and alcohol are undoubtedly workplace safety concerns, and industry and commercial concerns often need an approach that is objective, separate from the social/work culture onsite, and also somewhat separate from management and office staff.
Duty of Care legislation in Australia places the responsibility of safety onto both employees and employers, with each having specific undertakings to ensure the safety of all. “For the employer, the responsibility is to provide and maintain safe and healthy workplace and system of work. For the employee, the responsibility is to undertake lifestyle management that ensures fitness for duty (preparation and recuperation.)”[1]
Alcohol and drug use is a target for fitness for duty policies because such substances are well known to affect an employee’s capacity to undertake work safely. And truly effective and proactive approaches should incorporate:
- Education and training components for employers and employees
- Include Employee Assistance Programs (EAP’s.)
- Detail positive plans of actions for follow up in the case of positive tests.[2]
Objectivity
But what is also important in some circumstances is a consideration of testing methods, and the development of screening approaches that follow a clear objectivity model – thus distancing testing methods from the whole staff culture, including management.
Testing is a feature of mining and other heavy industries. Traditionally in Australia, there has been some resistance to drug and alcohol screening, although in 2011 it is a legislated and accepted practice that accords with the need for the safe work conditions and security of all staff on-site. According to Baker, Ferguson and Dawson, “employees affected by alcohol or other drugs may cause injury to themselves or others. Co-workers may be placed in difficult situations, expected to cover for unsafe work or faced with the decision as to whether to report a fellow employee.[3]
Certainly, union criticism both in Australia and The United States focuses on the privacy rights of employees and also the idea of a management imposition of testing on employees. The ACTU position in Australia is that any testing regime must be jointly developed by unions, employees and employers and needs to:
- Apply to safety at work specifically
- Have full participation in and joint control by workers and their representatives
- Be applicable to both workers and management
- Address the workplace causes of alcohol and other drug misuse
- Be consultative, educative, rehabilitative, not punitive
- Maintain confidentiality at all times.[4]
Screening: Applicable to both workers and management
One of the most effective ways to satisfy both management and also union representatives and employees in relation to this issue, is to develop procedures and policies that actually utilize the services of an on-site drug screening program that is independent and applicable to all employees, including management. This may help to alleviate union objection and also free up management from the task of overseeing the on-site testing. It also offers greater legal defence for industries and business in the event of litigation.
Mediscreen – Onsite Screening for Drugs and Alcohol – operates nationally and can be contacted on 1300 797040.
[1] Baker, Ferguson,Dawson. Fitness for Duty: Fatigue, Drugs and Alcohol. http://www.maqohsc.sa.gov.au/_upload_docs?20081219031355.FFD.pdf
[2] Ibid
[3] Ibid.
[4] ACTU 1991. http:www.buseco.monash.edu.au/mgt/research/working-papers/2003/wp26-0.pdf
