VECCI Update (Issue 34)
Substance Abuse
Victoria Police have been surprised at the rate of positive tests obtained from roadside random drug tests.
Increasingly, VECCI is contacted by members who have an employee they know, or whom they suspect, is attending work affected by alcohol or drugs.
It would be naive to believe this social problem will not occasionally arise itself at work. When it does, employers often contemplate introducing random testing. While it does establish the presence and level of a substance, testing is expensive.
In some cases test results may establish a clear impairment but in others it may simply indicate an employee has recently used a substance and the question of impairment may be unresolved. Unless it is an established condition of their employment, contract workers may refuse to participate in a test.
How can an employer best manage this type of situation?
If an employer has a genuine reason to believe a worker may not be fit to perform work to the required standard the first intervention should be to challenge the worker. Each case must be managed on its merits.
How affected is the worker? How safety sensitive is their job?
A heavy vehicle driver presents a different risk and would be treated more harshly than a clerk. Obtaining a test result is not always necessary to demonstrate impairment.
If a worker claims they are unaffected by any substance a test can be offered to them as a means of establishing their innocence and see the affected person safely home.
Demand the worker face senior management the next day to explain their unfit condition. Any sanctions will depend on the seriousness of the worker’s action. In some cases a summary dismissal may be appropriate, while in others an employer may impose an additional condition of employment that requires submitting to a drug or alcohol test when requested i.e. a target test rather than a random test.
An employer’s first duty is to manage the workplace to ensure no risks to safety are tolerated. An employer may support a worker who seeks help with an abuse problem but should not see their role as rescuer or provider of counseling.
Most cases of impairment at work do not involve addiction but recreational use. Employers should promote a substance free workplace culture. Knowing an employer is both vigilant and intolerant is usually sufficient to ensure most workers show up for work in a fit state.
A framework ‘Fit for Work’ policy can be downloaded from the member section of the VECCI web site. The new VECCI HR Toolkit publication includes a ‘fit for work’ policy.
Contact publications@vecci.org.au or the CMPA.
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