26
Gladstone Regional Council Policy Topic DRUGS AND ALCOHOL TESTING PROCEDURE Policy Number P-3.08.02 Directorate CORPORTE SERVICES Statutory Authority Local Government Act 1993 Date of Adoption 2 June 2009 Resolution Number 09/305 Amendments This policy has not been amended POLICY DETAIL: DRUG & ALCOHOL TESTING PROCEDURE FLOW CHART All related forms / documents must be registered in Dataworks under 'Admin Confidential' class. COMPONENT OF PRE-EMPLOYMENT MEDICAL TESTING A Pre-Employment Medical will be required for ALL potential new employees as the final stage of the recruitment process, before any verbal or written offer is made. RANDOM DRUG TESTING (Complete Form DA01) Random testing of ALL employees will be conducted periodically. Employees will be notified of the selection by OH&S Services (with the random selection being performed by the third party testing company appointed by Council). Results will be recorded on DA03 Drug & Alcohol Screening Result Form. TESTING FOR CONCERN (Complete Form DA02 & DA01) Testing may be required if there are reasonable grounds for concern that a person may not be fit for work due to the use of alcohol or drugs. To organise testing, form DA02 - Request for Drug & Alcohol Test must be completed and then approved by a Safety Officer, Manager or Director. If done electronically it should be sent to 'Admin Confidential', and the OH&S Services (or Delegated person) called to arrange the testing. OH&S Services will complete DA01 and provide a copy to the employee. TESTING - FOLLOWING AN INCIDENT (Complete Forms DA02 & DA01) If any employee is involved in an incident or accident which resulted in serious personal injury, property damage or environmental damage; or in the opinion of a Supervisor / Safety Officer had the potential to result in serious personal injury, property damage or environmental damage, Drug & Alcohol testing is to be conducted. Arrangements and forms are the same as above (DA02 & DA01).

Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GCC Dataworks/Corporate Management & Governance/Policy & Procedures/Policy Register

Gladstone Regional Council

Policy Topic DRUGS AND ALCOHOL TESTING PROCEDURE

Policy Number P-3.08.02

Directorate CORPORTE SERVICES

Statutory Authority Local Government Act 1993

Date of Adoption 2 June 2009

Resolution Number 09/305

Amendments This policy has not been amended

POLICY DETAIL:

DRUG & ALCOHOL TESTING PROCEDURE FLOW CHART All related forms / documents must be registered in Dataworks under 'Admin Confidential' class.

COMPONENT OF PRE-EMPLOYMENT MEDICAL TESTING A Pre-Employment Medical will be required for ALL potential new employees as the final stage of the recruitment

process, before any verbal or written offer is made.

RANDOM DRUG TESTING (Complete Form DA01) Random testing of ALL employees will be conducted periodically. Employees will be notified of the selection by

OH&S Services (with the random selection being performed by the third party testing company appointed by Council). Results will be recorded on DA03 – Drug & Alcohol Screening Result Form.

TESTING FOR CONCERN (Complete Form DA02 & DA01) Testing may be required if there are reasonable grounds for concern that a person may not be fit for work due to the use of alcohol or drugs. To organise testing, form DA02 - Request for Drug & Alcohol Test must be completed and

then approved by a Safety Officer, Manager or Director. If done electronically it should be sent to 'Admin Confidential', and the OH&S Services (or Delegated person) called to arrange the testing. OH&S Services will

complete DA01 and provide a copy to the employee.

TESTING - FOLLOWING AN INCIDENT (Complete Forms DA02 & DA01) If any employee is involved in an incident or accident which resulted in serious personal injury, property damage or

environmental damage; or in the opinion of a Supervisor / Safety Officer had the potential to result in serious personal injury, property damage or environmental damage, Drug & Alcohol testing is to be conducted.

Arrangements and forms are the same as above (DA02 & DA01).

Page 2: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 2 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

2

TABLE OF CONTENTS 1.0 PURPOSE __________________________________________________________ 4

2.0 RELEVANT LEGISLATION _____________________________________________ 4

3.0 INTRODUCTION _____________________________________________________ 4

4.0 KEY ROLES / RESPONSIBILITIES ______________________________________ 5

5.0 TESTING PROCEDURE – DRUGS & ALCOHOL ___________________________ 6

5.1 Pre-employment Medical 6 5.2 Random Testing 7 5.3 Test for Concern 7 5.4 Testing Following an Incident 8

6.0 FAILURE TO TAKE EITHER A DRUG OR ALCOHOL TEST & TAMPERING WITH SAMPLES __________________________________________________________ 8

7.0 EMPLOYEES ON-CALL OR RESPONDING TO AFTER HOURS EMERGENCIES _ 9

8.0 SCREENING / TESTING PROCEDURES __________________________________ 9

9.0 ACCEPTABLE LEVELS & TESTING TIMEFRAMES _________________________ 9

9.1 Alcohol 9 9.2 Drugs 10 9.3 Testing Timeframes (Following an Incident or Cause for Concern) 10

CONDUCTING TESTING (DA03 Completed) Screening for alcohol will be conducted using an Alcolizer LE breathalyser unit.

Preliminary screening tests for drugs of addiction and misuse will be conducted using the Cozart Oral Fluid Drug Detection System (DDS)

RESULTS - WHAT HAPPENS FROM HERE? Positive result - Alcohol (a second test, with a witness present, will be conducted)

Positive result - Drugs (Confirmatory testing test will be conducted - i.e. Laboratory testing of the oral fluid sample or a urine sample at the employee's discretion)

Negative result - Alcohol & Drugs (employee returned to normal duties)

POSITIVE TEST RESULTS - STEPS TO TAKE 1). The employee will be immediately placed on personal leave (First Positive result) and returned to their place of residence. 2). The employee must test negative against the screening equipment before returning to work

again. 3). On the employee's first day back at work (or as soon as practical) a Positive Drugs or Alcohol

POSITIVE FOR DRUGS First Positive Result – Interview, course in Drug education offered + Letter to employee Second Positive Result - Interview, course in Drug education offered & counselling strongly recommended + Letter to employee Third Positive Result - Show Cause Notice sent to employee asking why they shouldn't be dismissed. Decision will be made by the CEO based on this.

POSITIVE FOR ALCOHOL First Positive Result - Interview, course in Alcohol education offered + Letter to employee Second Positive Result - Interview, course in Alcohol education offered & counselling strongly recommended + Letter to employee

Third Positive Result - Show Cause Notice sent to employee asking why they shouldn't be dismissed. Decision will be made by the CEO based on this.

Page 3: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 3 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

3

10.0 EMPLOYEE CONSULTATION, COMMUNICATION & INFORMATION _________ 11

11.0 EDUCATION AND TRAINING __________________________________________ 11

11.1 Education 11 11.2 Training 11

12.0 PROCEDURE – POSITIVE ALCOHOL ANALYSIS _________________________ 12

12.1 First Positive Test Result 12 12.2 Second Positive Test Result 12 12.3 Third Positive Test Result 13

13.0 PROCEDURE – POSITIVE DRUG ANALYSIS _____________________________ 14

13.1 First Positive Test Result 14 13.2 Second Positive Test Result 14 13.3 Third Positive Test Result 15

14.0 POSITIVE DRUG OR ALCOHOL TEST INTERVIEW ________________________ 15

14.1 First Interview 16 14.2 Second Interview 16 14.3 Third Interview (only if applicable) 16

15.0 TIME FRAMES BETWEEN POSITIVE TESTS _____________________________ 16

16.0 MEDICATION - PRESCRIBED AND OVER THE COUNTER __________________ 17

16.1 Prior to Testing 17 16.2 Prescription and Non-Prescribed Medication 17

17.0 DOCUMENTATION, CONFIDENTIALITY AND DISCLOSURE OF INFORMATION 18

17.1 Documentation 18 17.2 Confidentiality and Disclosure of Information 18

18.0 SUPPORT FOR ACCESSING RECOVERY/ REHABILITATION _______________ 18

19.0 SPECIFIC PROCEDURES FOR MANAGING A DRUG AND / OR ALCOHOL RELATED EVENT ____________________________________________________________ 19

19.1 Specific Procedures for Supervisors 19 20.0 RIGHT OF APPEAL _________________________________________________ 19

21.0 PROCEDURE REVIEW _______________________________________________ 19

22.0 ASSOCIATED TEMPLATES (BLANK FORMS ____________________________ 20

23.0 DEFINITIONS ______________________________________________________ 20

24.0 INTERPRETATION OF PROCEDURE ___________________________________ 21

25.0 APPENDICES ______________________________________________________ 21

APPENDIX 1 - Drug & alcohol abuse assistance ______________________________ 22

APPENDIX 2 - Drugs classes & detection times ______________________________ 23

APPENDIX 3 -Llist of nominated testers, delegated persons & examples of approved functions __________________________________________________________ 24

Page 4: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 4 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

4

POLICY DETAIL:

1.0 PURPOSE To ensure that the health and safety of no person is at risk or is adversely affected by any employee being at the workplace while not fit for work due to either drugs or alcohol. Section - The Drug & Alcohol Testing Procedure applies to all persons and all departments. Scope - This Corporate Procedure applies to all employees of Gladstone Regional Council and is in addition to any legal requirement each has under Queensland and Federal Law regarding the consumption of drugs and alcohol.

2.0 RELEVANT LEGISLATION

Workplace Health & Safety Act 1995 Transport Operations (Road Use Management) Act 1995 Drugs Misuse Act 1986 Crimes and Misconduct Act 2001 Note - should an employee be suspected of official misconduct relating to a drug and/or alcohol related event, which relates to drug trafficking in the workplace, under section 38 of the Crimes and Misconduct Act 2001, this must be reported to the Crime and Misconduct Commission (CMC). In addition the Drugs Misuse Act 1986 describes offences relating to dangerous drugs, which may render a person liable to criminal prosecution.

3.0 INTRODUCTION

The primary purpose for conducting Drug and Alcohol Testing is for Workplace Health and Safety. The aim is to deter persons from entering the workplace and carrying out their duties while not fit for work due to drugs or alcohol, thus placing themselves and others at risk of injury. The practice of Drugs and Alcohol testing in the workplace has been widely adopted in many industries and has become a component of fitness for work programs in responsible organisations. The Workplace Health and Safety Act 1995 prescribes obligations for employers and employees to ensure a safe and healthy work environment. An employee who is not fit for work due to drugs and/or alcohol can compromise these obligations. Consistent with Council’s obligation and commitment to ensuring a safe workplace, employees will be required to undergo drug and alcohol testing in the following circumstances: -

1. As a component of the 'Pre-employment Medical' 2. As part of a Random Testing Program 'Random Testing' 3. Testing in the Case of Concern 'Test for Concern' 4. 'Testing Following an Incident'

Page 5: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 5 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

5

There will be two types of testing conducted:

- Breathalyser (Alcohol) – ‘Alcolizer’ Law Enforcement (LE) Unit - Oral Fluid Sampling (Drugs) – Cozart DDS Oral Fluid Drug Testing System.

Modern Breathalyser testing is a highly accurate and effective way of detecting alcohol levels for the purpose of determining fitness for work. Oral Fluid Sampling is a simple, non-intrusive and accurate way to test for recent / current drug use for the purpose of determining fitness for work.

4.0 KEY ROLES / RESPONSIBILITIES

Gladstone Regional Council is committed to the development, implementation and continual improvement of a drug and alcohol-testing program, in order to contribute to a safe and healthy workplace. Council, through its management structure, will work with employees to establish the program, provide initial and ongoing education on the requirements and processes, and will seek input and feedback from all sources to maintain a high quality and effective program. All Employees:

Familiarise yourself with the Drug and Alcohol Testing Procedure. Attend and participate in testing procedures. Encourage your fellow staff to attend work in a fit state. Attend the follow-up interview/s if a positive test result is recorded, with a support

person of their choice. Co-operate in the process of determining 'Fitness for Work' while using prescription

or over the counter medications, in consultation with the treating medical practitioner.

Supervisors:

Assist OH&S Services staff and Third Party Tester, as requested in organising randomly selected employees for testing.

Complete, as required, DA02- Request for Drug and Alcohol Test (Due to Concern or Following an Incident).

Not allowing employees to undertake work when an employee appears to be unfit for work due to drugs or alcohol.

Managers:

Complete or approve as required DA02 - Request for Drug and Alcohol Test (Due to Concern or Following an Incident).

Liaise with OH&S Services regarding testing where authorising a test. Conduct the First Positive Test Interviews (alternatively the Safety Officer) together

with a Human Resources delegate. Attend the Second Positive Test Interviews. Conduct the Second Positive Test Interviews if required, together with a Human

Resources delegate.

Page 6: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 6 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

6

Attend any Third Positive Test Interview, if required. Directors:

Complete or approve DA02 as required - Request for Drug and Alcohol Test (Due to Concern or Following an Incident).

Conduct the Second Positive Test Interviews (alternatively the Manager) together with a Human Resources delegate.

Review of first DA04 forms – Positive Drug or Alcohol Test Interview. Conduct any Third Positive Test Interview, if required, together with a Human

Resources delegate. Chief Executive Officer:

Review of DA04 forms – Positive Drug or Alcohol Test Interview. Consideration of Show Cause Notice response, and consultation with

Manager/Director. Conduct the Third Positive Test Interview (alternatively done by Director), if it is

determined that this is warranted. OH&S Services:

Complete form DA01 - Employee Notification for Drug & Alcohol Test as applicable Assist in the coordination of the Random Testing Procedure (complete DA03 Drug

& Alcohol Analysis Result Form). Complete or approve, as required, DA02 - Request for Drug and Alcohol Test (Due

to Concern or Following an Incident). Review of DA02 - Request for Drug and Alcohol Test (Due to Concern or Following

an Incident). Liaise with Third Party Tester regarding testing where authorising a test. Make all external Medical Testing bookings (excluding pre-employment medicals). Facilitate after-hours testing as required. Liaise with Insurance Officer regarding Testing Following an Incident if applicable. Liaise with treating medical practitioners to determine 'Fitness for Work' in the case

of prescribed or over the counter medication. Random Test Generation will be conducted by the third party testing company,

completing form DA10. A member of the OH&S Services will be available and will assist with making the

necessary arrangements. Attend First Positive Test Interviews. Conduct First Positive Test Interviews, if required, together with a Human

Resources delegate . Attend Second Positive Test Interviews, if required.

Human Resources:

Assist in the Positive Drug or Alcohol Test Interview Process and completing DA04 - Positive Drug or Alcohol Interview Form.

Complete DA05, DA06 & DA07 - Letters to Employee (Following Positive Test Results), for signature by the relevant Manager / Director / CEO.

Liaise with pre-employment medical attendees (preferred applicants) and advise Manager of results.

Page 7: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 7 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

7

Attend interviews as required.

5.0 TESTING PROCEDURE – DRUGS & ALCOHOL The four components of testing are explained below.

5.1 Pre-employment Medical A Pre-Employment Medical is required for ALL potential new employees at the final stage of the recruitment process. Therefore, before the preferred applicant/s are offered employment with Gladstone Regional Council, they must undergo a Pre-employment Medical.

The Pre-Employment Medical will include testing for Drugs and Alcohol for ALL placements (Permanent, Fixed Term and Casual employees).

If the applicant is based in the Gladstone region or is able to attend a pre-employment medical locally, HR will make an appointment with Council’s preferred medical practitioner. If based outside of Gladstone, HR will locate a suitable physician to undertake the test at a convenient location. In both instances Gladstone Regional Council will pay/reimburse the applicant for the cost of the appointment if they successfully pass the Pre-employment Medical. If a positive test is recorded, due to prescribed medication, the process of determining fitness for work, relevant to the use of prescribed medication (outlined in Section 17.2) may be undertaken.

5.2 Random Testing Random testing of individual employees will be conducted periodically in a non-discriminatory manner that involves a neutral selection process undertaken by the third party testing company. A statistically valid sample of employees (including contractors) will be electronically selected for testing, electronically forwarded to OH&S Services. For the purposes of confidentiality, the OH&S Services delegated person will be the only employee with knowledge of the computer-generated selection result. The delegated person will then arrange with the nominated tester/s suitable times and dates throughout the month for the tests. Random testing may be carried out at any working time/s and on any working day/s. Random testing will not occur during authorised functions, where the consumption of alcohol has been approved by Council or its delegate, and where other documented risk management strategies have been implemented prior to the function to help ensure the health and safety of Council’s employees, visitors and the public. Examples of Authorised Functions are listed in Appendix 3.

From the implementation date of this procedure, a 12-week moratorium period will apply. During the moratorium period, employees will be randomly selected and tested. NOTE - if an employee receives a positive test result during this moratorium period, it will NOT be recorded as the First Positive Result as detailed in Sections 13.1 and 14.1. Instead, this will be treated as an opportunity to raise awareness of the new procedure and provide everyone with time to make any necessary arrangements to ensure ongoing compliance with the procedure’s requirements and expectations. For WH&S reasons, the employee

Page 8: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 8 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

8

will still be removed from the worksite, placed on personal leave and will not return to work until a negative test result is achieved.

5.3 Test for Concern Testing may be required if a Safety Officer, Supervisor, Manager or Director, based on evidence received, has reasonable grounds for concern that a person may not be fit for work due to drugs/alcohol. For details on what could constitute reasonable grounds, reference should be made to the checklist on page 2 of DA02 - Request for Drug and Alcohol Test. Any employee has the right to submit a case for testing, if they have reasonable grounds that another employee may not be fit for work due to drugs or alcohol during working hours. This is the employee's right to attempt to protect their own safety and the safety of others in their team. Any person submitting a case for testing must, themselves, be tested for both drugs and alcohol as part of the Request for Drug and Alcohol Test. A test for concern can only be approved by a Safety Officer, Manager or Director. Therefore, regardless of any claim made, it is the Safety Officer, Manager or Director's decision whether a test for concern is conducted. While there will be no penalty to those who submit a claim which is later proved to be unfounded, any employee involved in a history of claims where the validity is questionable, will be investigated further and dealt with according to Council's disciplinary process. The Third Party Tester or Nominated Tester may carry out a Test for Concern. If an employee tests negative for Drugs and Alcohol under a test for concern and continues to exhibit “Reasonable Grounds’ that they may not be fit for work, the employee may still be required to obtain a medical clearance from a qualified medical practitioner before returning to normal duties.

5.4 Testing Following an Incident If any employee is involved in an incident or accident which: (a) resulted in serious event (see Definitions in Section 24); or (b) in the opinion of the supervisor / Safety Officer, had the potential to result in

serious event; the employee may be subject to testing and the resulting procedures. A Safety Officer, Manager or Director will be required to complete and approve the relevant form (DA02). The Supervisor / Insurance Officer will be required to advise HR / OH&S Services of any serious event. Where the Police attend as a result of an accident/incident, if applicable, their testing procedures will have precedence over Council’s testing procedures. However, where only

Page 9: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 9 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

9

limited testing is conducted, Council’s procedures may supplement the police procedures. For example, where only alcohol testing is undertaken by the police, Council may also elect to initiate drug testing.

Note – Where practicable, an employee must remain at the scene of an incident until instructed otherwise by a Supervisor or the Safety Officer (e.g. It is not practicable to or expected that an employee will remain at the scene if medical attention is required). If an employee does not remain at the scene following an incident without reasonable excuse, this will be dealt with under the disciplinary process in accordance with Council's Disciplinary Procedure. Gladstone Regional Council will not be pursuing any employee for the purposes of conducting in-house Drug and Alcohol Testing while the employee is receiving direct medical attention. Note: All incidents MUST be reported to the supervisor and / or Safety Officer as soon as practicable after the incident e.g. by phone/mobile (this includes before an incident report form is completed).

6.0 FAILURE TO TAKE EITHER A DRUG OR ALCOHOL TEST & TAMPERING WITH SAMPLES

Unless medical evidence can be tabled to support an individual’s inability to take either a drug or alcohol test due to medical reasons, the failure to take the test (e.g. through refusal or non-attendance at a notified, scheduled testing time) will be classified as a disciplinary matter and will be dealt with in accordance with the process outlined in Council's Disciplinary Procedure. A person failing to take a test will: a) be returned to his/her place of residence. b) be placed on leave without pay. c) be not able to return to work until a negative test result is achieved. Any attempt to tamper with any in-house or external samples, alter the concentration of drugs or alcohol in their own or another’s sample before or after providing a breath, oral fluid or urine sample, will constitute official / serious misconduct and will be dealt with in accordance with Gladstone Regional Council's Disciplinary Procedure. While refusal or failure to take the test will be regarded as a disciplinary matter, it is also a breach of the employee’s workplace health & safety obligations under Section 36 of the Workplace Health & Safety Act 1995 (reproduced below).

36 Obligations of workers and other persons at a workplace A worker or anyone else at a workplace has the following obligations at a workplace—

(a) to comply with the instructions given for workplace health and safety at the workplace by the employer at the workplace and any principal contractor for construction work at the workplace;

(d) not to willfully place at risk the workplace health and safety of any person at the workplace;

Page 10: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 10 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

10

7.0 EMPLOYEES ON-CALL OR RESPONDING TO AFTER HOURS EMERGENCIES Employees who are rostered on on-call are required to have a blood alcohol concentration of zero for activities described in Section 9.1 (b) of this procedure. Employees not required to perform this type of work must have a blood alcohol concentration of less than 0.05g. In cases where an employee is requested to respond to an after hours call, the employee is required to immediately notify if they may be unable to meet the expectations of this procedure, in which case the supervisor will seek alternative arrangements.

8.0 SCREENING / TESTING PROCEDURES

Screening for alcohol will be conducted using an Alcolizer Law Enforcement (LE) breathalyser unit. At the implementation of the procedure, it is the intention that a preliminary analytical test for drugs of addiction and misuse will be conducted in-house using the Cozart DDS oral fluid Drug Detection System. Should the recommended type of testing change in the future having regard to operational and financial criteria, consultation will occur again at that time. System Testing and Quality Control Testing of the Cozart DDS unit will occur before each sample is taken. The Systems Test verifies that the electronics are functioning correctly, while the Quality Control Test confirms that the instrument is reading results correctly. Where an employee provides a positive oral screening sample using the Cozart DDS, confirmatory testing either by laboratory analysis of the oral sample or, at the employee’s discretion, a urine sample.

9.0 ACCEPTABLE LEVELS & TESTING TIMEFRAMES

Below are the acceptable levels for the purposes of determining whether a person is not fit for work due to drugs/alcohol as defined under this procedure.

9.1 Alcohol a) All employees (with the exception of those included in point (b & c) below) must

provide, if tested, a blood alcohol concentration (BAC) of less than 0.05g/100ml (0.05%) to be permitted to the workplace.

b) All employees that will carry out activities as below must submit a BAC of

0.00g/100ml (0.00%): 1). Truck/Bus Drivers - when operating vehicles that require LR licence or higher. 2). Plant Operators - when operating any piece of plant that requires a certificate

issued by Workplace Health & Safety Queensland. 3). Other High Risk Activities / Plant – listed below;

High Risk Construction Activities where a Work Method Statement has been prepared (e.g. Working at heights).

Confined Space work & rescue Operation of vehicle loading cranes Traffic control Explosive power tools and firearms Operation of Chainsaws Operation of Dingo / stump grinders

Page 11: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 11 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

11

Operation of Demolition saws Operation of wood chippers.

c) All staff and contractors performing safety sensitive aviation activities must provide

if tested a blood alcohol concentration (BAC) of less than 0.02grams of alcohol in 210 litres of breath, in accordance with Council’s Drug and Alcohol Management Plan for Safety Sensitive Aviation Activities.

Further high-risk activities / plant may be added to this list following the Task Analysis / Procedure Review process.

9.2 Drugs All employees at a Gladstone Regional Council workplace are to produce a confirmed laboratory result of “Negative” for drugs in oral fluid or, in the case of confirmatory urine testing, less than the levels indicated in the table below, for the 5 drug classes namely;

Cannabinoid’s. Sympathomimetic Amines Opiates Cocaine Benzodiazepine

For more information refer to Appendix 2 - Drug Classes & Detection Times.

9.3 Testing Timeframes (Following an Incident or Cause for Concern)

While every attempt will be made to test as soon as possible following an incident or surrounding the need to test for concern, the following timeframes will apply:

Alcohol Test (Third Party Tester or in-house) - within 2 hours of OH&S Services being notified.

Drug Test (Third Party Tester of in-house) - within 4 hours of OH&S Services being notified.

10.0 EMPLOYEE CONSULTATION, COMMUNICATION & INFORMATION Gladstone Regional Council will ensure that the development, implementation and continual improvement of this procedure occurs in consultation with all stakeholders including employees, management, relevant unions and WH&S representatives. Employees will be informed of their responsibility in relation to the consumption of drugs

DRUG CLASS Drug Name (including Street Name) Cut off

Cannabinoid’s Marijuana, Weed, Pot, Hash etc 50g/L

Sympathomimetic Amines (Incl. Amphetamines)

MDMA, Speed, Ecstasy, Uppers, Biphetamine, Dexedrine

300g/L

Opiates (very strong pain killers)

Heroin, Morphine, Pethidine, Codeine, Methadone

300g/L

Cocaine (Metabolites) Crack, Blow, Candy, Snow etc 300g/L

Benzodiazepine Rohypnol, Temazepam, Serepax, Valium 200g/L

Page 12: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 12 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

12

and alcohol, and employees' role in maintaining a safe workplace. Gladstone Regional Council will also provide practical guidance and training to managers and supervisors for dealing with persons who may be affected by drugs or alcohol, including the disciplinary processes if necessary, and the need for maintaining strict confidentiality. Gladstone Regional Council will communicate this procedure to all new employees through inductions and will also ensure that contractors, volunteers and work experience persons are informed of Gladstone Regional Council's Drug & Alcohol Testing Procedure.

11.0 EDUCATION AND TRAINING

11.1 Education

Gladstone Regional Council recognises that it is important to develop a workplace culture through education where employees are prepared to encourage each other to be safe and not unfit for work.

The initial Drug & Alcohol Training Sessions for employees will cover the points below.:

The importance of being fit for work while at work.

The effects of the misuse of drugs and alcohol on health, safety and performance in the workplace.

What constitutes unacceptable drug or alcohol use.

How to recognise being not fit for work.

Basic knowledge and understanding of the different types of drugs and their effects.

Ways of dealing with the misuse of alcohol and other drugs and assisting employees who are misusing drugs and alcohol to avoid developing further problems.

Counseling, treatment and rehabilitation services available externally to enable employees who have problems to seek effective solutions and treatment of their choosing.

How an employee who has a problem can self-disclose.

After the introduction of the procedure, Council will explore other issues and policy matters that deal with topics such as general fitness, fatigue, nutrition, 'quit smoking', well being etc as part of an overall fitness for work program.

11.2 Training All Nominated Testers and Delegated persons will receive training for the correct use and care of Drug and Alcohol Testing equipment in accordance with the manufacturer's requirements. Nominated Testers and Delegated persons must also successfully complete a course of instruction in compliance to AS 4760-2006 (Procedures for Specimen Collection and the Detection and Quantitation of Drugs in Oral Fluid) and receive a statement of attainment in accordance with the Australian Quality Training Framework. Note – Nominated Testers and Delegated Persons must be trained prior to being listed in Appendix 3.

Page 13: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 13 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

13

Training for the Supervisor, Manager and Safety Officer will include:

Their role and responsibility in implementing this procedure.

How to identify and approach persons who may be affected by drugs or alcohol in the workplace.

Observation of people suspected of being impaired by the use of a substance.

Knowledge of the different types of drugs and their effects, and testing techniques and results interpretation.

Dealing with the long-term user or those intoxicated in one-off situations.

Responsibilities in relation to privacy.

How to sensitively refer an employee to specialist counseling and treatment and to avoid taking on the counseling role themselves.

12.0 PROCEDURE – POSITIVE ALCOHOL ANALYSIS

12.1 First Positive Test Result Should any person register a result greater than or equal to 0.05%, or if the employee registers greater than 0.00% and performs the duties included under Section 9.1 (b) of this procedure, the employee will be required to undertake a subsequent breathalyser test 15 minutes later, with a support person present if available within the 15-minute timeframe. Should the subsequent result also register a result greater than or equal to the limits described above, the employee will be deemed not fit for work, attract a first positive test result and the following actions will be taken:

a) He/she will be returned to his/her place of residence. b) He/she will be placed on personal leave for that day, or if the employee has no

personal leave can elect to use either annual leave or RDO time. c) Another test will be conducted before the employee returns to work and he/she

must test negative. d) An interview with the employee on their first day back to work (or as soon as

practical) will be conducted using form DA04 - Positive Drug or Alcohol Test Interview.

e) He/she will be offered a course in alcohol education. f) Record will be taken for the personnel file and a letter provided to the employee

advising that this constitutes a First Positive Test Result under Council’s Drug & Alcohol Procedure.

Note: This excludes incidents which would otherwise constitute official / serious misconduct, which could result in instant dismissal.

12.2 Second Positive Test Result Should any person register a result greater than or equal to 0.05%, or if the employee registers greater than 0.00% and performs the duties included under Section 9.1 (b) of this procedure, the employee will be required to undertake a subsequent breathalyser test 15 minutes later using another of Council’s breathalyser units. If available within the 15-minute timeframe, a support person for an employee may also be present. Should the subsequent result also register a result greater than or equal to the limits described above,

Page 14: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 14 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

14

the employee will be deemed not fit for work, attract a second positive test result and the following actions will be taken:

a) He/she will be returned to his/her place of residence. b) He/she will be placed on personal leave for that day, or if the employee has no

personal leave, will be placed on leave without pay. c) Another test will be conducted before the employee returns to work and he/she

must test negative. d) An interview with the employee on their first day back to work (or as soon as

practical) will be conducted using form DA04 - Positive Drug or Alcohol Test Interview.

e) He/she will be offered counselling / strongly recommended. f) He/she will be re-offered a course in alcohol education if not taken up in the first

instance. g) He/she will be advised of the consequences should there be any further positive

test recorded. h) Record will be taken for the personnel file and a letter provided to the employee

advising that this constitutes a Second Positive Test Result under Council’s Drug & Alcohol Procedure.

Note: This excludes incidents which would otherwise constitute official / serious misconduct, which could result in instant dismissal.

12.3 Third Positive Test Result Should any person register a result greater than or equal to 0.05%, or if the employee registers greater than 0.00% and performs the duties included under Section 9.1 (b) of this procedure, the employee will be required to undertake a subsequent breathalyser test 15 minutes later using another of Council’s breathalyser units. If available within the 15-minute timeframe, a support person for an employee may also be present. Should the subsequent result also register greater than or equal to the limits described above, that person will be deemed not fit for work, will be returned to his/her place of residence and a Show Cause Notice (DA07) will be issued to the employee. This gives the employee the opportunity to provide written notification to the Chief Executive Officer (CEO) showing cause as to why they should not be dismissed. If the employee fails to report this information to the CEO within 10 working days, this will be considered reasonable grounds for dismissal. If show cause information is received, the CEO will investigate the matter further and the employee will be notified of the decision. Note: A positive test result will remain current for a period of five years from and including the date of that positive test result after which it will be deleted from all records. Three positive tests within a 5-year bracket, regardless of whether they are for drugs OR alcohol will result in an employee being issued with a Show Cause Notice. All negative test results however, will be retained permanently as an employee may wish to use the information in the case of a Show Cause Notice. Evidence that an employee has committed to a full Drug &/or Alcohol rehabilitation program will be held in high regard, provided the employee is able to show evidence that he / she has successfully completed the program.

Page 15: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 15 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

15

Examples, by way of clarification, are shown in the following table: What If? Result

Positive test for drugs one day Positive test for alcohol another day

Next positive result for either drugs or alcohol will lead to a show cause notice.

Positive test for both drugs and alcohol during the one testing session

This will be recorded as one positive test result.

Positive test for drugs or alcohol The employee must test negative before returning to work for both drugs and alcohol, as the two tests are standard. Note: If the employee reports to work for testing and tests positive once again they will be returned home and will not return to duties until a negative test is received.

Any leave without pay greater than 3 days must be approved by the CEO (in accordance with Council's current procedure). The misuse of sick leave will be handled in accordance with the Provisions of Council's Workplace Agreement as will any other disciplinary matter resulting from failure to follow lawful and reasonable direction.

13.0 PROCEDURE – POSITIVE DRUG ANALYSIS

13.1 First Positive Test Result If a person registers a positive result from the in-house drug screening, a) The employee may choose to have the oral sample confirmed by a laboratory OR

may choose to be taken to Council’s medical practitioner for a confirmatory urine test. The handling of all samples will occur via ‘chain of custody’ arrangements with the relevant laboratory.

b) He/she will be deemed not fit for work and will be returned to his/her place of residence and placed on personal leave, or if the employee has no personal leave, can elect to use either annual leave or RDO time.

c) Another screening test using the Cozart DDS will be conducted before the employee returns to work and he/she must test negative.

If the returned laboratory result provides a positive test: a) An interview with the employee will be conducted as soon as practical using form

DA04 - Positive Drug or Alcohol Test Interview. b) The person will be offered a course in drug education. c) Record will be taken for the personnel file and a letter provided to the employee

advising that this constitutes a First Positive Test Result under Council’s Drug & Alcohol Procedure.

Note: This excludes incidents that would otherwise constitute official / serious misconduct, which could result in instant dismissal.

13.2 Second Positive Test Result If a person registers a second positive test result from the in-house drug screening

Page 16: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 16 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

16

a) The employee may choose to have the oral sample confirmed by a laboratory OR may choose to be taken to Council’s medical practitioner for confirmatory urine test. The handling of all samples will occur via ‘chain of custody’ arrangements with the relevant laboratory.

b) He/she will be deemed not fit for work and will be returned to his/her place of residence and placed on personal leave, or if the employee has no personal leave, will be placed on leave without pay.

c) Another screening test using the Cozart DDS will be conducted before the employee returns to work and he/she must test negative.

If the returned laboratory result provides a positive test: a) An interview with the employee will be conducted as soon as practical using form

DA04 - Positive Drug or Alcohol Test Interview. b) The person will be offered a course in drug education. c) He/she will be offered counselling (strongly recommended). d) He/she will be re-offered a course in drug education if not taken up in the first

instance. e) He/she will be advised of the consequences should there be any further positive

test recorded. f) Record will be taken for the personnel file and a letter provided to the employee

advising that this constitutes a Second Positive Test Result under Council’s Drug & Alcohol Procedure.

Note: This excludes incidents that would otherwise constitute official / serious misconduct, which could result in instant dismissal.

13.3 Third Positive Test Result Should any person register a third positive result, a Show Cause Notice (DA09) will be issued to the employee. This gives the employee the opportunity to provide written notification to the Chief Executive Officer (CEO) showing cause as to why they should not be dismissed. If the employee fails to report this information to the CEO within 10 working days, this will be considered reasonable grounds for dismissal. If show cause information is received, the CEO will investigate the matter further and the employee will be notified of the decision. Note: A positive test result will remain current for a period of five years from and including the date of that positive test result after which it will be deleted from all records. Three positive tests within a 5-year bracket, regardless of whether they are for drugs OR alcohol will result in an employee being issued with a Show Cause Notice. All negative test results will be retained permanently as an employee may wish to use the information in the case of a Show Cause Notice. Evidence that an employee has committed to a full Drug &/or Alcohol rehabilitation program, will be held in high regard, provided the employee is able to show evidence that he / she has successfully completed the program. As in section 12.3, examples by way of clarification, are shown in the following table: What If? Result

Positive test for drugs one day Positive test for alcohol another day

Next positive result for either drugs or alcohol will lead to a show cause notice.

Page 17: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 17 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

17

Positive test for both drugs and alcohol during the one testing session

This will be recorded as one positive test result.

Positive test for drugs or alcohol The employee must test negative before returning to work for both drugs and alcohol, as the two tests are standard. Note: If the employee reports to work for testing and tests positive once again they will be returned home and will not return to duties until a negative test is received.

Any leave without pay for over 3 days must be approved by the CEO (in accordance with Council's current procedure). The misuse of sick leave will be handled in accordance with the Provisions of Council's Workplace Agreement as will any other disciplinary matter due to failure to follow lawful and reasonable direction.

14.0 POSITIVE DRUG OR ALCOHOL TEST INTERVIEW

Interviews may be helpful for the employee to explain his / her situation and the underlying reasons behind not being fit for work. An interview is an important step in the process of identifying underlying causes for not being fit for work due to drugs and/or alcohol. The employee has a right to have a support person (e.g. union representative, family or friend) present at all times during any of the Positive Drug or Alcohol Test Interview. All interviews must be recorded in the approved format (DA04) and copies given to the employee for their own records, sent to the Records Section for scanning, and be placed on the personnel file.

14.1 First Interview During this interview, the employee should be advised of the related health and safety risks within the workplace associated with drug or alcohol use, and the employee’s own view of any underlying reasons should be discussed. In the event that the employee indicates they may have a drug or alcohol problem, they should then be referred to a counsellor for assessment and treatment. In any case, drug or alcohol education will be offered. Council’s Employee Assistance Program applies to this procedure (e.g. Council will provide financial assistance for the employee to access up to six counselling sessions). Interviews will be conducted by the relevant Manager (alternatively a Safety Officer), together with a Human Resources delegate or delegated person.

14.2 Second Interview

In the event that an employee provides a second positive test result, a second interview will occur. It will be strongly suggested that the employee seek professional assistance/counselling. Interviews will be conducted by the relevant Director (alternatively the Manager) with a Human Resources delegate or delegated person and the relevant Manager or Safety Officer in attendance.

Page 18: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 18 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

18

Following the interview, the employee will be provided with written communication summarising the health and safety risks, and accompanying the communication will be a list of approved drug and alcohol counsellors. If the employee hasn’t availed himself or herself of drug/alcohol education offered in the first instance, this will be re-offered.

14.3 Third Interview (only if applicable) Following a third positive drug/alcohol result, and after having considered the response to the Show Cause Notice (refer sections 13.3 and 14.3), at the Chief Executive Officer's discretion a third interview session may be held. Please note that a third interview will only be an option to approved / special cases - e.g. if an employee is receiving counselling and showing signs of improvement, or if they have recently gone through a traumatic event such as the passing of a close family member. Third interviews will be undertaken by the Chief Executive Officer (alternatively the Director) with a Human Resources delegate or delegated person, and the relevant Director or Manager in attendance.

15.0 TIME FRAMES BETWEEN POSITIVE TESTS

When an employee tests positive either to drugs or alcohol, this test result will remain current for a period of 5 years from the date of the positive test result. This decision to adopt the 5-year time frame is based upon the relationship between the employer’s obligation not to compromise the objective of the Act, maintaining the integrity of the procedure’s aim, maintaining proactive risk management measures, and recognition of empathy for long term service employees suffering from extreme circumstances (e.g. death of family member). It is also consistent with the retention period of other standard Workplace Health and Safety documents. So as to clarify, if an employee tests positive three times within a 5-year bracket they will be provided with a Show Cause Notice. If however an employee tests positive three times within a 6 year bracket or higher, they will not receive a Show Cause Notice unless a further positive test is recorded. Examples, by way of clarification, are shown in the following table: What If? Result

An employee tests positive in 2009, 2010 and 2011

A Show Cause Notice will be issued.

An employee tests positive in 2009, 2014 and 2015

There will need to be another positive test by 2020 before a Show Cause Notice is triggered.

Page 19: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 19 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

19

16.0 MEDICATION - PRESCRIBED AND OVER THE COUNTER

16.1 Prior to Testing Council will assist, where feasible, for employees to gain a greater understanding of the possible effects of the medication they may be taking and how this will affect Drug and Alcohol Testing results. First and foremost, employees should consult their treating medical practitioner to ensure they fully understand what effects the drugs may have on them and their fitness for work. Professional advice must be sought to determine whether the employee is still able to perform their normal duties while taking the medication in question. For example, if an employee is taking strong painkillers, they should check with their doctor to determine whether they should or should not return to normal duties. Also note that the possible side effects and dosage recommendations are also provided on the label of all medication, which can provide employees with initial guidance. If an employee is currently using or at a later date goes on to prescribed or over the counter medication and wishes to check the medication against the Cozart DDS, a test will be provided and disciplinary consequences under the procedure (in respect of that medication) will not be applied if the employee arranges the prescribed or over the counter medication test prior to random or other testing under the Drug & Alcohol Testing Procedure. For this situation a form (DA08) has been developed so that the employee’s doctor can assist Gladstone Regional Council to determine fitness for work. If an employee is not fit for work for a temporary period, while using prescription medication, alternative duties may be arranged (where practical) for the period the employee is not fit for work, as applicable to the individual's work area. Note - it is not compulsory for employees to disclose the actual medication they are taking to Council. It is however the employee's responsibly to ensure that they take the medication only as prescribed or directed. The employee must have a clear understanding of any side effects or limitations that their medication may have on their working capabilities, and participate in the process of determining fitness for work with the Safety Officer or delegate. Important Health Notice: Many prescriptions and over-the-counter medicines can affect mental and physical functioning. The effect of some prescription drugs may be greatly increased by alcohol. Mixing alcohol with tranquilisers or antidepressants, for example, can compromise judgment or coordination, and even cause breathing to stop.

16.2 Prescription and Non-Prescribed Medication The following is a list of prescribed and non-prescribed (over the counter) medications that may produce a positive result when screening for employees who may not be fit for work due to drugs. Please note that the appropriate use of non-prescribed medication is unlikely to produce a positive result using Council's testing methods.

Page 20: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 20 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

20

DRUG CLASS COMMON MEDICATIONS (trade names) Opiates Panadiene, Panadiene Forte, Actuss, Codalgin, Codox, Durotuss,

Mersyndol, Panacodin, Proladone, Actacode, Dymadon Co, Panalgesic, Verganin, Aspalgin, Disprin Forte, Codis, Oridine, Fiorinal, Kapanol

Amphetamines Actifed, Logicin, Robitussin, Dimetapp, Orthoxicol, Benadryl, Sinutab, Tylenol cold / flu, Panadol cold / flu, Codral, Demazin, Lemsip Flu, Day / Night.

Benzodiazepines Temazepam, Murelax, Ducene, Paxam, Mogadon, Serepax, Valium, Alodorm, Nocturne, Temtabs, Euhypnos.

17.0 DOCUMENTATION, CONFIDENTIALITY AND DISCLOSURE OF INFORMATION

17.1 Documentation

Human Resources will maintain the flow of all testing documentation. All test records will be filed securely in personnel files and will remain confidential. A person may request and obtain a copy of their own test records if they wish to do so. Documentation relating to positive test results will be destroyed 5 years after the date of that positive test result. Documentation relating to negative results will be held permanently as an employee may wish to use the information in the case of a Show Cause Notice.

17.2 Confidentiality and Disclosure of Information The testing procedure for drugs and alcohol will be conducted so as to respect the privacy of the person, but to also maintain standards required. Personal information relevant to this procedure will be safeguarded to protect the privacy of the person. Results of post incident tests will be made available to Local Government Workcare (LGW) as necessary.

18.0 SUPPORT FOR ACCESSING RECOVERY/ REHABILITATION

Gladstone Regional Council is committed to the principle of recovery of those employees affected by drug and/or alcohol problems. Drug and alcohol problems can be associated with other difficulties that can sometimes be overcome with assistance from professional counsellors. Gladstone Regional Council will support employees who are diagnosed with a Drug and / or Alcohol problem who are committed to their own rehabilitation. It is ultimately, though, the person affected by alcohol or substance abuse who must be prepared to take steps to rectify their situation. An employee's commitment to their recovery will be evident through accepting assistance offered and attending counselling in order to resolve their problems. Strategies have been developed to support employees with drug and/ alcohol or other problems at Gladstone Regional Council. This includes access to sick leave and other accrued leave including RDO, annual and long service leave. Leave without pay to seek treatment will follow standard Council leave practices, which requires the Chief Executive Officer's approval for over 3 days leave. Other strategies include general support, group referrals, counselling and Drug & Alcohol education / training / workshops offered.

Page 21: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 21 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

21

The opportunity for rehabilitation in terms of alternative duties within Council will be assessed on a case-by-case basis. This will depend on Council's ability to offer alternative duties that will not compromise the safety of others within the workplace and where there are appropriate resources and supervision. Following the successful completion of treatment, the employee should return to their original position unless otherwise recommended by the Rehabilitation Coordinator. Council may request written advice from the employee's treating medical practitioner that states they are able to return to their normal duties before going back to work.

19.0 SPECIFIC PROCEDURES FOR MANAGING A DRUG AND / OR ALCOHOL RELATED EVENT Council has an obligation to ensure the health and safety of its employees and others, including members of the public. Implementation of this procedure lies with each employee who has a supervisory/staff responsibility or HR duty within Council, and participation involves all employees. Supervisors (those who oversee activities of employees in any way), for the purposes of this procedure, include: - Chief Executive Officer Directors Managers Co-ordinators Supervisors / Assistant Managers Leading Hands

19.1 Specific Procedures for Supervisors This procedure is to be used by a supervisor who becomes aware of an employee exhibiting behaviour (actions or signs) at work or prior to commencing work (which includes being called back to work), which the supervisor reasonably believes may be attributed to the use of a drug or alcohol. If an employee demonstrates behaviour / observed characteristics indicating the employee may not be fit for work, the supervisor is not to allow the employee to commence work. If the employee has started work, where possible the supervisor will immediately relieve the employee of his or her designated duties. Where feasible the supervisor should direct the employee to a quiet, discreet location where the supervisor will inquire as to the circumstances of the employee’s apparent condition and from the answers given decide what further action is required. If the supervisor believes that the employee may not be fit for work due to drugs and/or alcohol, then the first step is to report this to their Safety Officer and / or Manager / immediate Supervisor. A collaborative approach will be taken in determining whether in-house drug and alcohol screening should be conducted. If the employee refuses to absent him/herself from work or to be tested then the Manager / level or above must contact the OH&S Services or Delegated Person, or in that person’s absence, the Chief Executive Officer or Director, for direction.

Page 22: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 22 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

22

20.0 RIGHT OF APPEAL If at any time an employee disputes the results of testing, the employee has the right to a second test. This may mean a second breathalyser test for alcohol testing or transportation to a medical facility for more extensive testing. When confidential results are returned to the OH&S Services or delegate, results may require instigation of an interview. This may take 24 – 72 hours, but should occur as soon as practical.

21.0 PROCEDURE REVIEW

This procedure will be reviewed during the moratorium period and again within 12 months of its initial implementation. From this review the Chief Executive Officer will determine the regularity of future reviews.

22.0 ASSOCIATED TEMPLATES (BLANK FORMS)

DA02 - Request for Drug and Alcohol Test (Due to Concern or Following an Incident)

DA03 - Drug & Alcohol Analysis Result Form

DA04 - Positive Drug or Alcohol Test Interview

DA05 - Letter One to Employee (Following First Positive Drugs or Alcohol Test Result)

DA06 - Letter Two to Employee (Following Second Positive Drugs or Alcohol Test Result)

DA07- Show Cause Notice (Following Third Positive Drugs or Alcohol Test Result)

DA08 – Declaration of Fitness For Work whilst using Prescribed / Over the Medication (Treating Medical Practitioner)

DA09 –Treating Medical Practitioner Information Sheet (for use in determining fitness for work whilst using Prescribed / Over the Medication).

DA10 – Random Test Generation Record

(The templates will all be accessible in Dataworks under Human Resources upon implementation of this procedure)

23.0 DEFINITIONS

Drug - Shall include any illegal, medically prescribed or over the counter substance that may cause an employee to be not fit for work. Employee – Is any person performing work for the Gladstone Regional Council, regardless of the position held, and includes volunteers. With respect to contractors who may be performing work on behalf of Gladstone Regional Council, appropriate clauses will be inserted into future agreements with contractors to ensure material compliance with this procedure. Non-compliance will trigger appropriate contractual negotiations and remedies.

Not Fit for Work means, for the purposes of this procedure only

Page 23: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 23 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

23

Where an employee tests positive to having a blood alcohol level over that defined in Section 11.1 of this procedure.

Where an employee tests positive to a drug-screening sample as defined in 9.2 of this procedure.

Serious Event means a medical treatment injury (i.e. incident requires immediate medical treatment by a medical practitioner - Doctor, Nurse), property damage or environmental damage, an incident which requires reporting to Council’s insurance officer or situation that results in environmental issues that would also attract the attention of the Environmental Protection Agency. Workplace means all those areas (including company vehicles) where an employee works, or any place at which a member of the Gladstone Regional Council’s workforce is likely to be working in the course of carrying out their duties. Nominated Tester means a person trained and competent in the use of the selected equipment and the relevant requirements for the collection and testing of samples for drugs and alcohol. Nominated Testers are listed in Appendix 3. Delegated Person means a person authorised by the CEO to assist, using delegated authority, with the application of this procedure e.g. a Safety Officers is authorised to perform the functions normally assigned to the HRO in cases where the HRO is not available/accessible. Delegated Persons are listed in Appendix 3. Authorising Officer means a Safety Officer, Manager or Director.

24.0 INTERPRETATION OF PROCEDURE

The Chief Executive Officer is authorised to make any decisions arising from the need at any time to interpret the meaning or application of any part or parts of this procedure.

25.0 APPENDICES

APPENDIX 1 - DRUG & ALCOHOL ABUSE ASSISTANCE

APPENDIX 2 - DRUGS CLASSES & DETECTION TIMES

APPENDIX 3 - LIST OF NOMINATED TESTERS, DELEGATED PERSONS & EXAMPLES OF APPROVED FUNCTIONS

Page 24: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 24 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

24

APPRENDIX 1 - DRUG & ALCOHOL ABUSE ASSISTANCE

LOCAL CONTACTS FOR COUNSELLING AND ASSISTANCE SERVICES

TIPS ON HOW TO STOP DRUG & / OR ALCOHOL ABUSE

1) Admit that you have a problem with drugs and alcohol.

2) Throw out all the drugs and alcohol that you have. Then, seek help.

3) Talk to DRUG-ARM Information Line Tel: 1300 656 800 or one of the agencies listed in this document.

4) Face, and try and do something about the problem that may have caused you to turn to drugs or alcohol.

5) Don’t be discouraged, you can beat drugs and alcohol.

6) Talk to a good friend who you can trust and ask them to help you stay drug free.

AICRA Corp Management

of Public Intoxication

Program

4922 1588 Needle Exchanges

Base Hospital

Rockhampton

Gladstone Hospital

4920 6211

4976 3200

Al-Anon Family Groups

Gladstone

Rockhampton

4972 6888

4928 5806

Alcoholics Anonymous

Gladstone

Rockhampton

4972 5287

4934 4367

Al-Ateen, Pre-Teen

Yeppoon

4939 1320 Gladstone Community Health Centre

4976 3130

Alcohol, Tobacco & Other

Drug Services

(ATODS) Information & Counseling

1800177833

Free Call (Qld) or

4976 3347

Rockhampton Community Health Centre

4920 6900

Centacare

4982 4358 Management of

Public Intoxication

49221588

Lifeline

13 1114

Page 25: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 25 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

25

APPENDIX 2 - DRUG CLASSES & DETECTION TIMES

The reason for Drug & Alcohol Testing at Gladstone Regional Council (GRC) is SAFETY.

Please remember that Gladstone Regional Council does not wish to interfere with what employees do in their own time, but is concerned about an employee's state when they present themselves to work and the impacts of any drug or alcohol use on the employee's safety and that of others in the workplace.

A positive test result will not apply to those whose confirmatory test results are below (or zero) against the Australian Standard cut off levels for drugs in urine as provided in the table below. An employee will only receive a positive result if they test on or above these cut off levels.

DRUGS CLASS EFFECTS COMMON NAMES

DETECTION TIMES USING COZART DDS

AS 4308CUT OFF LEVELS FOR CONFIRMATORY TESTING IN URINE SAMPLES

Cannabinoid’s Depressant

Marijuana 12 hours to 2 days 50ng/ml

Sympathomimetic Amines (Incl. Amphetamines)

Stimulant Speed, Ecstasy

12 hours - 2 days 300ng/ml

Opiates (very strong pain killers)

Narcotic analgesic

Heroin, Methadone, Morphine, Pethidine, Codeine

12 hours - 2 days 300ng/ml

Cocaine (Metabolites)

Stimulant Crack 12 hours - 3 days 300ng/ml

Benzodiazepine Tranquilliser

Sedative

Hypnotic

Anxiolytic

Rohypnol, Temazepam, Serepax, Valium

12 hours - 2 days

200ng/ml

Page 26: Gladstone Regional Councilinfo.gladstonerc.qld.gov.au/meetings/20140805/attachments...2014/08/05  · GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

GLADSTONE REGIONAL COUNCIL POLICY NO. P-3.08.02 - Drugs and Alcohol Testing Procedure

PAGE 26 of 26

GRC DATAWORKS - Corporate Management and Governance/Policy - File Ref: CM16.3

26

APPENDIX 3 - LIST OF NOMINATED TESTERS, DELEGATED PERSONS & APPROVED FUNCTIONS

Nominated Testers:

appointed Third party tester OH&S Services staff HR staff Gladstone Regional Council appointed nurses

Examples of Approved Functions:

Social Club Functions Christmas Functions Civic Receptions Staff Service / Recognition Awards

………………………………………… GRAEME KANOFSKI CHIEF EXECUTIVE OFFICER