Transcript Slide 1

Regulatory Framework for Drug and
Alcohol Testing on Western
Australian Mine Sites
Mike Rowe
Principal Health Advisor
Government
Government of
of Western
Western Australia
Australia Department
Department of
of Mines
Mines and
and Petroleum
Petroleum
Current Mines Safety & Inspection
Regulations 1995
• Regulation 4.7 Intoxicating liquor or drugs
- Paraphrased
(1) No person to be on a mine when adversely affected by
intoxicating liquor or drugs
(2) Principal employer may direct an employee to leave the mine if
in their opinion the employee is adversely affected
(3) Employee must comply with a direction under (2)
(4) A person must not possess or consume intoxicating liquor or
deleterious drugs on a mine without manager’s permission
Government
Government of
of Western
Western Australia
Australia Department
Department of
of Mines
Mines and
and Petroleum
Petroleum
Industry Briefing on Synthetic Drugs
May 2011
• DMP advised the industry that:
- The employer should stand down an employee if in the opinion of the
principal employer the employee is adversely affected by intoxicating liquor
or drugs.
- In the case of a serious accident / incident the Department would
investigate the employers liability if the employer was aware the employee
appeared adversely affected by drugs or alcohol prior to the incident, but
had not taken action.
- The industry was advised that employers should discuss with employees
and unions what testing techniques and regimes were to be used.
- These discussions should also clarify the procedures to be followed if an
employee was found to test positive for one or more of the new synthetic
drugs.
Government
Government of
of Western
Western Australia
Australia Department
Department of
of Mines
Mines and
and Petroleum
Petroleum
National OHS Harmonisation Process
Current intention is that the harmonised legislation will
be introduced into Western Australia in Jan 2012.
There are 3 parts to the proposed legislation:
• Model Work Health and Safety Regulations
- These overarching regulations apply to all workplaces in Australia,
including mine sites.
• Model Work Health and Safety (Mines) Regulations
- These regulations form Part 10 of the above regulations and will
specifically apply to all mine sites in Australia.
• NMSF Non-Core Mine Safety Regulations
- These regulations will include specific provisions likely to be
adopted by Western Australia, Queensland and New South Wales.
Government
Government of
of Western
Western Australia
Australia Department
Department of
of Mines
Mines and
and Petroleum
Petroleum
Drug and Alcohol Testing
• Model Work Health and Safety Regulations
There is no reference to either alcohol or drug testing in
these regulations.
• Model Work Health and Safety (Mines)
Regulations
Part 10.3 addresses fitness for work, health
assessments and health monitoring as well as drug and
alcohol testing. Not yet finalised.
• NMSF Non-Core Mine Safety Regulations
Significant changes to proposed legislation in the last
few weeks.
Government
Government of
of Western
Western Australia
Australia Department
Department of
of Mines
Mines and
and Petroleum
Petroleum
Model Work Health and Safety (Mines)
Regulations - Part 10
• Reg 671 – Drugs (including alcohol), duty of mine
operator
• Reg 672 – Duty of persons in relation to drugs (including
alcohol
• Reg 675 – Specific Requirements, drugs (including
alcohol)
• Reg 675A – Alcohol testing
• Reg 675B – Drug (other than alcohol) testing
• Schedule 23 – Not yet provided
Government
Government of
of Western
Western Australia
Australia Department
Department of
of Mines
Mines and
and Petroleum
Petroleum
Thank you
Any Questions?
Government
Government of
of Western
Western Australia
Australia Department
Department of
of Mines
Mines and
and Petroleum
Petroleum