One of the best ways to approach an alcohol and drug testing program is to look at one of the many occupational health and safety acts passed by the Australian states. A good example is the New South Wales Occupational Health and Safety Act 2000. The model legislation provides an excellent summary of employer responsibilities in protecting the health, safety and welfare of employees.1
- Ensuring that the employer’s work locations are safe and that includes entrances and exits that workers use
- Ensuring that all plant and substances do not present worker risks
- Ensuring systems of work and working environments are safe
- Providing necessary training and supervision at a level that insures worker health and safety
- Providing adequate facilities for employee welfare
When you consider this legislated employer mandate, it’s clear that a drug and alcohol testing program as one component of a company occupational health and safety (OHS) program must be comprehensive. But there is also an implied mandate in that the program would have to address current work locations, plant, substances, working environments, training needs and facilities.
In other words, it is imperative that the alcohol and drug testing program be regularly updated and maintained because nothing stays the same indefinitely. The importance of maintaining updated policies and procedures is even reflected by the fact that the NSW Occupational Health and Safety Act 2000 is the No. 40 version as of 1 January 2011. This one law has been updated repeatedly to address changing Australian work environments and needs.
The workplace is not a static environment, so you should not have a static alcohol and drug testing program if you want to insure you meet the duty of care established by OHS legislation. For example, you may have established a random drug testing program that specifically names the safety sensitive departments included in the schedule. During the year, a new department is created that is determined to be safety sensitive. Obviously the random drug testing program needs to be expanded to include the new department and the employees subject to testing need to be instructed on company alcohol and drug testing policies and procedures.
Successful businesses are always changing – new equipment is purchased; new chemicals are used; facilities are modified or expanded; new employees are hired; and working environments are changed to better fit operational needs. All of these changes can directly impact the alcohol and drug testing policies and procedures. Management must frequently evaluate the safety sensitivity of working environments, specific positions, facilities, equipment and so on, and then match the results of that evaluation against the current policies and procedures.
From the employer’s perspective, the ideal alcohol and drug policy will be proactive as opposed to reactive. A program of deterrence is much more effective than a program of catch-and-punish. The policies and procedures need to be tailored to fit the specific needs of the employer and its employees.2 This may seem obvious upon reading, but organisations frequently allow their written policies and procedures to become outdated and that can expose workers to health and safety hazards whilst exposing the employer to legal challenges.
Though there are no statistics on outdated alcohol and drug testing programs, it is safe to guess that an audit would uncover a number of existing workplace policies and procedures that have not kept pace with organisational changes. A proactive approach will consider whole-of-workplace health and safety issues on an ongoing basis.
Mediscreen at http://mediscreen.net.au/ is experienced at reviewing and analysing current alcohol and drug treatment policies and procedures. If you are employer that has allowed a program to fall behind the pace of organisational change, then it’s time to begin a review. Worker safety depends on it.
References
1Drug Info Clearinghouse. (2009, September). Prevention Research Quarterly – Prevention of Alcohol-Related Harm in the Workplace . Retrieved 2011, from Australian Drug Foundation – Victoria Department of Human Resources: http://www.druginfo.adf.org.au/druginfo/alcohol_research/druginfo_clearinghouse_researc.html#2009
2New South Wales. (2011, January 1). Occupational Health and Safety Act 2000 No 40. Retrieved April 8, 2011, from New South Wales Government – Legislation: http://www.legislation.nsw.gov.au/fullhtml/inforce/act+40+2000+FIRST+0+N#pt.1-sec.7
