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 document is designed for use by businesses and organisations which are based in Australia. 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.

Drug and Alcohol Policies are not generally intended to be contractually binding on employees. Instead, they explain the employer's general rules, procedures and expectations of employees in relation to drugs and alcohol. As a consequence, if the employer fails to follow a particular policy, the employee may not be able to claim that the employer has breached its contractual obligations. However, this also means that if there are specific matters of importance, that should be legally binding on the employee (such as their specific job duties, professional standards, their hours of work, confidentiality obligations, or conflict of interest obligations), then the employer should make sure that these are addressed in a legally binding document, such as an Employment Agreement, a Confidentiality Agreement or a Non-Compete Agreement.

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.

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.

In addition, each time a new employee starts work with the employer, the new employee should be given a copy of the Policy.

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.

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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