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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

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WasteMINZ 2009 Introducing a Drug and Alcohol Policy

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  1. WasteMINZ 2009Introducing a Drug and Alcohol Policy Aaron Lloyd, Partner Minter Ellison Rudd Watts 15 October 2009 Hotel Grand Chancellor Christchurch 1924748

  2. 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

  3. 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

  4. Drug and Alcohol testing policy • 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

  5. 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

  6. 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?

  7. Questions

  8. Contact Details Aaron Lloyd Partner Tel: +64 9 353 9971 Email: aaron.lloyd@minterellison.co.nz

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