Transcript WasteMINZ 2009 Introducing a Drug and Alcohol Policy

WasteMINZ 2009
Introducing a Drug and Alcohol Policy
Aaron Lloyd, Partner
Minter Ellison Rudd Watts
15 October 2009
Hotel Grand Chancellor
Christchurch
1924748
Drug and alcohol policies
• Workplace drug and/or alcohol testing is legal in New
Zealand
• Drug and alcohol testing can be the subject of a fair and
reasonable employer policy
• An employer is required under health and safety legislation
to take “all practicable steps” to provide a safe place of
work
• An employer is also required to identify and manage
significant hazards in the workplace
• Drugs and alcohol are listed as potential hazards in
Health and Safety in Employment Act 1992
• Tension between obligation to ensure workplace safety and
employee’s right to privacy
Grounds for drug and alcohol testing
• Case law has confirmed a number of grounds of
testing:
• Pre-employment
• Internal transfer to a safety sensitive position
• Post accident, incident or near miss
• Reasonable suspicion that an employee is under the
influence of drugs or alcohol
• Random testing of employees in safety sensitive
positions
Drug and Alcohol testing policy
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Coverage
Method of testing
Types of drugs being tested for
Consent of employee – can’t compel an employee to undertake a
test
Privacy considerations - collection and results
What do you do with employee while waiting for the results?
Positive results – threshold/consequences
Rehabilitation
Ongoing review of policy including testing procedures
Tips for implementing a drug and alcohol policy
• Develop your proposal with appropriate staff i.e. health and safety
representatives, unions
• Consult relevant professionals such as ESR, medical practitioners,
or health and safety specialists regarding technical aspects such
as collection and storing of samples or interpretation of results
• An employer is entitled to implement a drug and alcohol policy
without employee/union agreement on the policy provided that
• employer is not bound by its employment agreements to obtain
agreement
• employer has undertaken sufficient prior consultation on a draft policy
• policy is reasonable
• Inform employees of policy with training sessions/workshops
Issues with drug and alcohol testing
• What is a “safety sensitive position”?
• Consent – when does an employee give their
consent?
• Competing issue of the right to privacy of the
employee vs. safety obligations
• Rehabilitation – what is expected of an employer?
• Will you also include the ability for the employer to
search employee property for presence of drugs
and/or alcohol?
Questions
Contact Details
Aaron Lloyd
Partner
Tel: +64 9 353 9971
Email: [email protected]