Drugs And Alcohol In The Workplace

A person conducting a business or undertaking (PCBU) has a duty to keep workers and the workplace safe. Additionally, all workers have a duty to take reasonable care for their own health and safety and not adversely affect the safety of others. Alcohol and drugs (including medicines that are prescribed or over the counter) can affect a person’s ability to work safely. Therefore, it is important that a business considers how they will deal with drugs and/or alcohol that may be used by their employees.

When considering how to keep workers and the workplace safe, it is important to identify the risks and hazards and how to address those risks and hazards. Some of the main areas for consideration include:

• Whether the business operates high-risk machinery or undertakes high-risk work
• The existing culture of the business, nature of work or workplace practices, and if they encourage drug or alcohol use at work – i.e. if the business provides beers on a Friday afternoon
• The perceived extent of alcohol and drug use

In determining the risk and hazards, it is important for a business to consider implementing a drug and alcohol management policy. A policy may include:

• Identifying an affected person of drugs and/or alcohol
• Self-assessment by workers
• Training of workers
• Implementing Drug and alcohol testing and what those parameters involve:
  • Cut-off points for positive results
  • Testing procedures – random, mandatory for all workers
  • Who conducts the testing – a doctor or dedicated testing business

If a business is looking to implement drug and alcohol testing, some precautions must be considered before implementing testing:

• A positive drug test, excluding alcohol, doesn't always indicate impairment.
• Drug tests can produce inaccurate results, including false positives, and may have integrity or interpretation issues.
• Drug testing has limitations and may face legal challenges.
• A worker's refusal to test doesn't imply intoxication. They may have valid reasons unless otherwise stated in legislation, contracts, or agreements.
• Testing should be part of a comprehensive program with safeguards, clear policies, and proper education and support.
• Worker consultation is important; while agreement isn't required, it's preferable due to the intrusive nature of testing.
• Privacy and confidentiality must be considered.
• Random drug and alcohol testing must be truly random and should not target specific groups unfairly.

Workers impaired by drugs and/or alcohol pose a significant risk to themselves and others, increasing the likelihood of workplace injuries or illnesses. If an incident occurs, it may result in a WorkCover claim. Depending on the circumstances, a worker may still be eligible for coverage even if they were under the influence at the time.

For further information, please contact our advisory team on 07 3273 0800 and view the articles below by WorkSafe Queensland:

• Framework to manage the risks of alcohol and other drugs at work | WorkSafe.qld.gov.au 
• Framework for alcohol and drug management in the workplace (worksafe.qld.gov.au)