The results of our Paint & Panel survey on drug and alcohol problems in the smash repair industry are discussed in the January/Feburary issue of the magazine which will be with your shortly.
It is clear that this is almost universally a problem for panel shop owners, however one statistic we are focussing on is that 35 per cent of respondents do not have a written drug and alcohol policy in place. To assist those of you who don't, we have sourced a 'Drug and alcohol policy document. With virtually no adapation you can apply this document in your business.
A drug and alcohol policy protects all of your employees as well as making it easier to dismiss employees who are putting themselves and colleagues at risk by working 'while under the influence'.
Anna Moeller, manager of MTA SA industrial department told Paint & Panel that many of their members ring up on issues relating to employees' abuse of substances in the workplace. Here are some of the most frequently asked questions and advice that MTA SA gives on these issues. Legal requirements for these issues can vary from state to state. If you need clarification, your local MTA will be able to help or the relevant government department.
FAQs
Can I conduct drug testing myself using a kit?
No. If an apprentice/other employee is suspected, on reasonable grounds, of being intoxicated by alcohol or other drugs during working hours and denies the accusation, the company may request that the apprentice attend a medical clinic stipulated by the company to be tested for traces of illegal drugs or alcohol at the company’s expense.
Can I force someone to have a test?
Essentially the answer is no, however if you have a robust drug and alcohol policy in place it is easier to dismiss someone who won’t take a drug test.
Any apprentice found in possession of illicit drugs or alcohol at the workplace will receive an immediate suspension pending an application to the Training and Skills Commission for cancellation of the contract.
Any other employee found in possession of illicit drugs or alcohol at the workplace will be investigated, asked to explain himself/herself, placed on immediate suspension and be at serious risk of immediate termination. The (employer) will seek professional/legal advice before confirming the termination of employment or where circumstances warrant it, enforce other disciplinary measures.
Where a person is found to have tested positive to drugs (or evidence of alcohol consumption) the requirement will be to attend counselling, in addition to any other action the company deems necessary (see below).
Should the apprentice refuse to attend counselling they are to remain on suspension (for one week only) pending an application to the Training and Skills Commission/SA Industrial Relations Commission for cancellation of their contract.
Should the employee, not being an apprentice, refuse to attend counselling, or appears to have been under the influence of drugs/alcohol during work time, the company will complete its investigation and consider:
- The employee’s individual history
- The company’s duty of care and risks to other employees
- Any contractual obligations (eg. working for a principal such as mine operator and the impact of their site policy)
- Any prior instruction, awareness of the consequences of being affected by consumption
- The seriousness of the circumstances
- In any case the company reserves the right to follow up with either a final warning or dismissal.
The employer does acknowledge that employees have the right to refuse to be tested, however if the employee does refuse, the employee may be subject to formal disciplinary action.
Can I have a zero tolerance policy?
Employees should not be adversely affected by alcohol or drug use during working hours and must be able at all times to carry out their duties in a safe and responsible manner. Employees have a responsibility to be fit for duty and to meet established standards for job performance and conduct.
Alcohol or other drugs are not be consumed during working hours or on company premises. There may however, be certain occasions where alcohol is available at work-related functions. The company should ensure that employees are advised to be responsible in their consumption of alcohol and kept to the appropriate limits and standards of behaviour are maintained in such circumstances.
Can I carry out random testing?
If the company policy includes random testing for alcohol and drugs, the employer can enforce this. It should also be coupled with an associated awareness raising and education process in the workplace affected.