alcohol and other drugs policy 2012

19
Prepared by: Director Operations Page 1 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review: *Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version* Alcohol and Other Drugs Policy 2012

Upload: others

Post on 07-Dec-2021

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 1 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

Alcohol and Other Drugs Policy

2012

Page 2: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 2 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

ALCOHOL AND OTHER DRUGS POLICY

Contents Part 1 General

1.1 Purpose 3 1.2 Scope 3 1.3 Definitions 3 1.4 Review 4

Part 2.Substance Abuse, Alcoholism and Over the counter, prescription drugs and self disclosure 2.1 Substance Abuse & Alcoholism 5 2.2 Over the counter and prescription drugs 5

Part 3. Training and Education

3.1 Education 6

Part 4 Accountabilities and Responsibilities 4.1 Prohibitions 7 4.2 Responsibilities 7 Part 5 Testing 5.1 Circumstances for Testing 9 5.2 Random Testing 9 5.3 Drug and Alcohol Screening and Testing Protocols 9 5.4 Random Testing - Employees 10 5.5 Random Testing – Contractors/ Truck Drivers and Visitors 11 5.6 Post Incident Testing 12 5.7 Confidentiality 13 Part 6 Response to non-compliance 6.1 Voluntary Assistance and Employee Assistance Plans 14 6.2 DP World Employee Assistance Program (EAP) 14 6.3 Rehabilitation 14 6.4 Privacy and Confidentiality 15 6.5 Disciplinary Action 15 Appendices

A. Alcohol and Other Drug Detection Levels 16 B. Drug and Alcohol Screening Process– Employee 17 C. Employee Assistance Program (EAP) 18

Page 3: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 3 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

D. Legislative references 19 1.1 Purpose In promoting the principles of occupational health and safety, DP World is committed to providing a safe working environment free from risks associated with the use of alcohol and / or other drugs. This Policy outlines the processes to be used by all sites to address the workplace safety risks associated with the use of alcohol and/or other drugs. Amongst other things, this Policy will document the responsibilities of Employees, contractors, truck drivers and visitors in relation to alcohol and / or other drugs use. 1.2 Scope This Policy applies to all Employees, contractors, truck drivers and visitors entering and/or performing work on all DP World worksites. 1.3 Definitions

At risk An individual who, after observation of his/her behaviour, poses a potential risk to their own health and safety and / or the health and safety of others in the workplace.

Alcohol and other Drugs Program (AOD)

A program designed for the management of a structured disciplinary process implemented as a result of an employee having returned a positive result to an alcohol and/or drug test.

BAC Blood Alcohol Concentration.

Contractor A contractor, sub contractor or Employee of a contractor or sub-contractor required to perform work on any worksite.

Customer / Visitor Any person, other than an Employee, contractor or truck driver, required to have access to areas in and/or about any worksite.

Detection Level Detection levels as defined in the relevant Australian Standards.

Employee An Employee employed within the DP World business (this definition includes all staff and management).

Employee Assistance Program (EAP)

A program designed to assist Employees and their immediate families with personal and/or work related problems that require counselling and rehabilitation. It is available to Employees who may have an alcohol and/or other drug dependency or other related problem(s).

Positive Result - Alcohol A reading of 0.02 or higher from an alcometer as a result of an alcohol test.

Positive Result - Drugs

Positive confirmation of a drug screen via GCMS testing requirements performed by a NATA accredited laboratory.

Observable Impairment Impairment observed against a set of criterion to assist in the forming of an opinion as to the risk of impairment of an individual.

Other Drugs Any chemical substance (either natural or synthetic), which alters the structure or function of the body, and/or any drug described as an illegal substance under Australian law.

Over the counter medications

Medications that can be purchased without the need of a prescription. This may include Sudafed, Codral, Panadeine and other strong pain killers.

Policy The Alcohol and Other Drugs Policy Prescription Drugs Medications that are prescribed by a licensed medical practitioner.

Truck Driver An operator of a truck (not an Employee of DP World) whether for him or herself or on behalf of a transport Company.

Page 4: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 4 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

1.4 Review This Policy shall be reviewed in consultation with relevant stakeholders, updated and amended as required including but not limited to reasons such as; • Changes in legislative requirements; and • Results from audits, incidents and reviews suggesting improvements.

Page 5: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 5 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

PART 2. SUBSTANCE ABUSE, ALCOHOLISM AND OVER THE COUNTER MEDICATION 2.1 Substance Abuse & Alcoholism

The types of substance abuse which may affect work performance include, but are not limited to the following; • Use of illegal drugs such as heroin, cocaine, methamphetamines and cannabis, • Misuse of legally prescribed drugs such as tranquilisers, sleeping tablets and certain other

medicines, • Misuse of alcohol through an individual over-indulgence or a person’s dependency on a

continual basis, • Misuse of strong pain medication, and • Any other method of substance abuse, administered in a range of formats.

Substance Abuse and Alcoholism has the potential to affect work performance in the following ways:

(a) mistakes; (b) errors of judgement; (c) increased susceptibility to accidents; (d) lack of concentration; (e) deterioration of skills.

2.2 Over the counter medications, prescription drugs and self disclosure Employees who are required to take medications, such as over the counter medications or prescription drugs that may impact their physical or mental alertness are required to notify their manager / supervisor. If an individual is required to take over the counter medications or prescription drugs for long or indefinite periods it may be necessary to obtain information in writing from the treating Doctor and confirmation that the Employee is medically fit to perform their role while taking the medication. Please contact your terminal HR Manager who can provide a letter for the Doctor containing a request for specific information required by DP World. At all times it is the personal responsibility of the Employee to ensure that they are fully fit for work and that any medication they are taking does not impact their fitness for work. Note: • An Employee who is taking over the counter medication and/or prescribed drugs which has the

potential to impact their physical or mental alertness or to result in the Employee producing a Positive Result to a drug or alcohol test, has an obligation to provide their supervisor / manager, before the commencement of work, information regarding the substance and the potential impairment related to its use (including any work restrictions). Information provided should also include contact details for a reference person (doctor, pharmacist) should an issues arise.

• The provision of information will be treated confidentially and will only be used to assess issues relating to ongoing fitness for work.

Page 6: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 6 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

PART 3 CONSULTATIONS, TRAINING AND EDUCATION 3.1 Education and Training Alcohol and Other Drugs education and training programs shall include: 1. General Information about the adverse effects of drug and alcohol in the workplace; 2. Outline the legislative framework, obligations and individual responsibilities; 3. Information concerning the DP World Employee Assistance Program (EAP) and the services

available through this Program; 4. Self management options for assistance, i.e. self testing; 5. Alcohol and other drugs testing process – methods and chain of custody; 6. Management of positive alcohol and other drugs results; and 7. Confidentiality of process and results. Additional and specific training will be provided to managers, superintendents and supervisors that incorporate the following: 1. Managing persons affected by alcohol and/or drugs; 2. Identification of inconsistency with normal behaviour; and 3. How to handle someone with an observable impairment.

Page 7: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 7 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

PART 4. ACCOUNTABILITIES AND RESPONSIBILITIES DP World has a responsibility to maintain a safe working environment. All Employees, contractors, truck drivers and visitors have an obligation to ensure that their conduct does not create risk(s) to themselves or to others. To ensure that the objectives of this Policy are achieved, the specific responsibilities of Employees, contractors, truck drivers and visitors, as well as different levels of management, are set out below in section 4.2 Responsibilities. 4.1 Prohibitions The use, sale, transfer, storage or possession of drugs, (including legal and illicit drugs) drug paraphernalia and alcohol is strictly prohibited at all sites and will be addressed under the Disciplinary Policy. 4.2 Responsibilities Employees Employees shall:

• Not attend a site or perform work when affected by alcohol and / or other drugs or attend or perform work with a level of alcohol and / or other drug in their system that would result in a positive test result.

• Notify their supervisor / manager if they think they may be or are affected as a result of the use of alcohol and / or other drugs.

• Notify their supervisor/manager if they have reason to believe another person is affected by drugs or alcohol.

• Not consume alcohol or other drugs and/or possess, keep or store alcohol, drugs or drug paraphernalia on site.

• Comply with the testing regime and all processes contained within this Policy. • Comply with all lawful and reasonable directions in relation to alcohol and other

drugs testing. • Comply with any Employee Assistance Plan or other direction in relation to their

ongoing employment following a breach of this Policy or other non-compliance. • Seek information from their doctor or other health professional on the use of

prescribed drugs and over the counter medication that may impact on their ability to work safely, and, where relevant to their ability to perform their role, provide such information to DP World;

• At all times ensure that they are fully fit for work and that any medication they are taking does not impact on their fitness for work.

• If taking over the counter medication and / or prescription drugs that may impact on their ability to perform their role safely and to their full capacity, or to result in the Employee producing a Positive Result to a drug or alcohol test, provide the following information to DP World site management (immediately or as they become aware), o Whether the medication will or is likely to impair or impact on the

Employees ability to perform their role; and o A situable reference for example doctor, pharmacist etc.

Contractors Truck Drivers Visitors

Contractors, truck drivers and visitors shall: • Not attend a site or perform work when affected by alcohol and/or other drugs, • Not attend a site or perform work with a level of alcohol in their blood that results

in a positive test result, • Not attend a site or perform work with a level of any drug in their system that

results in a positive test result, • Notify their employer if they think they may be or are affected as a result of the

use of alcohol and/or other drugs prior to attending a DP World site,

Page 8: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 8 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

• Notify their employer (if within their own workplace) or DP World (if on a DP World site) if they have reason to believe another person is affected by drugs or alcohol,

• Not possess, store or consume alcohol and/or drugs when on a DP World site, • Not have in their possession, while on a DP World site, any other drug related

paraphernalia, • Comply with the testing regime and all processes contained within this Policy, • Comply with all lawful and reasonable directions in relation to alcohol and other

drugs testing; Supervisors Superintendents

Superintendents/Supervisors shall; • Comply with all directions as contained within the “Employee” responsibilities

section above, • Assist with and monitor the ongoing implementation of this Policy, • Demonstrate commitment to this Policy, • Notify their relevant manager of identified non-compliances, • Assist in the communication to all Employees, contractors and others of their

responsibilities in relation to this Policy, • Encourage Employees, contractors and others to seek assistance for problems

related to the use of alcohol or other drugs, • Respond to any notification or concern in relation to alcohol and / or other drugs

immediately, • Maintain confidentiality of relevant information (such as personal disclosures

etc) related to the implementation of this Policy; and • Without limiting the above, carry out all steps and actions required of them by

this Policy and/or as directed. Managers In addition to meeting their supervisory obligations as detailed in

“Supervisors/Superintendents” responsibilities, Managers shall: • Comply with all directions as contained within the “Employee” responsibilities

section above, • Communicate the requirements of this Policy to all Employees, contractors and

others who may enter and/or perform work on DP World sites through such things as inductions, selection processes and usual communication forums and media,

• Notify the site Director and General Manager of any non-compliance and make recommendations, as required, in relation to an appropriate Company response to such non-compliance,

• Not permit alcohol to be brought on to, kept or consumed on site, • Not permit drugs to be brought on to, kept or consumed on site, • Not permit on site any drug related paraphernalia, • Maintain appropriate confidentiality of all records generated by this Policy; • Provide adequate training and education in relation to this Policy, • Implement all other related programs that support the Policy, and • Without limiting the above, carry out all steps and actions required of them by

this Policy. Director and General Manager

Director and General Manager(s) shall; • Comply with all directions as contained within the “Employee” and “Manager”

responsibilities sections above, • Support the implementation and ongoing management of this Policy, • Consider circumstances of non compliance and provide appropriate advice, and • Manage and/or delegate action required to give effect to appropriate Company

response to identified breaches of / non compliance with this Policy.

Page 9: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 9 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

Part 5 Testing 5.1 Circumstances for Testing Alcohol and other drugs testing shall occur in the following circumstances: (a) a sample group of Employees selected for random testing (“Random Testing”); (b) one or more individuals who put their own safety and/or the safety of others at risk including

situations identified in a serious near miss event; (c) one or more individuals whose behaviour is considered ‘at risk’ and indicates a potential

breach of this Policy, or breach of an ongoing program following a breach of this Policy; and/or

(d) Where one or more individuals suffers an injury (and testing is deemed necessary by Management);

(e) Where an individual damages property / equipment.

5.2 Random Testing Random alcohol and other drug testing shall apply to all Employees, contractors, truck drivers and visitors who may be onsite at the time when testing takes place. Refusal by an Employee to submit or fully co-operate with the administration of an alcohol and/or drug test will result in the Employee being required to cease work and will be dealt with by following the same process as a non-negative/positive test (see 6.5) Such refusal will constitute a breach of this Policy. Refusal by a contractor, truck driver and/or visitor to submit or fully co-operate with the administration of an alcohol and/or drug test will result in the individual being required to cease work and asked to relocate to a safe location where they will be referred to their employer to determine the most appropriate and safe method for them to exit the site. If self employed, they will be provided transportation to ensure a safe passage to their home. Such refusal will constitute a breach of this Policy. The individual’s employer will be contacted and informed of the incident and will be treated in accordance with clause 6.5 below. Note: All random alcohol and other drug testing will be conducted by a NATA (National Association of Testing Authorities) accredited provider certified to Australian Standards AS 4308:2008 and AS 4760:2006. The random tests will be undertaken in accordance with the Drug and Alcohol testing protocols as set out in section 5.3 Drug and Alcohol Screening and Testing Protocols. 5.3 Drug and Alcohol Screening and Testing Protocols The following protocol is to be used for the collection of samples to be analysed in accordance with; • Australian Standard AS 4308:2008 - Procedures for specimen collection and the detection and

quantitation of drugs of abuse in urine • Australian Standard AS 4760:2006 - Procedures for specimen collection and the detection and

quantitation of drugs in oral fluid

Page 10: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 10 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

• Australian Standard detection levels, please refer to Appendix A for a copy. (a) On arrival at the designated testing area / room by the Employee, contractor, truck driver

and/or visitor selected for a test (the donor), the collector (being a representative of the approved testing agency) will request to see identification or else the identity of the individual will need to be verified by a management representative. Details will be recorded on the appropriate documentation.

(b) The donor will be asked to declare if they are affected by alcohol and or other drugs, over the counter medications and / or prescription drugs. This information will be recorded by the collector.

(c) The donor will be asked to undertake an alcohol test by using an approved breathalyser unit. (d) The donor will then be asked to provide a saliva sample. The donor will provide a saliva

sample by following the appropriate process for the testing kit in use. (e) Upon completing the saliva screen, the collector shall identify whether the result is negative,

based on the testing kit indicators. (f) If the screen is negative, the Employee will be able to return to work. (g) If the screen is a ‘non-negative / positive’, based on testing kit indicators, the Employee will be

required to provide a urine sample for confirmation purposes. (h) Upon receiving the urine sample the collector shall determine that there is sufficient sample to

enable all required testing to be performed. In the event that there is insufficient urine for testing the donor will be required to provide an additional sample.

(i) If the validity of the sample cannot be established or if it is suspected that the sample may have been adulterated or substituted, then another specimen shall be collected as soon as possible using the above procedures.

(j) Any samples collected for laboratory confirmation purposes will be forwarded to a NATA accredited laboratory for testing in accordance with the analysis requirements set out in the appropriate Australian Standard.

(k) Both the collector and the donor shall keep the sample in view at all times prior to it being sealed and labelled.

(l) The urine sample shall be transferred from the collection beaker into two bottles in approximately equal proportions.

(m) Prior to the samples being sealed for transportation to a NATA certified laboratory, the donor shall initial the identification seals on each bottle to certify that it is the sample collected from them. The identification seals will also list unique identifiers and the date of the collection.

(n) The collector shall request that the donor observe the transfer of the sample into the bottles, the placement of the tamper-proof seals or equivalent devices over both bottle caps and down the sides of the bottles, as well as the placement of both bottles into a Bio-hazard bag, which will also be sealed in front of the donor.

(o) All the information contained on the identification seals will be entered onto Chain of Custody documentation and will be signed by both the collector and the donor, certifying ownership of the sample provided as well as giving consent for the sample to be tested in accordance with the appropriate Australian Standard.

(p) The donor will be given a copy of the documentation at the end of the sample collection and sealing procedures for their records.

(q) The sample/s will be sent to a NATA accredited laboratory for confirmation in accordance with the standards recommended in appropriate Australian Standard.

(r) The nominated DP World representative will be informed of any positive alcohol or other drug screen result as soon as possible after the screen result is known.

The Drug and Alcohol Screening Process for Employee’s is summarised in a flow chart at Appendix B.

Page 11: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 11 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

5.4 Random Testing – Employees If following a random test, the Employee returns a negative result, he / she will immediately return to work. If following a random test, an Employee returns a positive result for an alcohol test and / or a non-negative result for an ‘other drugs’ screen, equal to or in excess of the relevant detection level the results will be treated as set out below. 5.4.1 Positive Alcohol Screen If there is a positive screen for alcohol, the Employee will be retested within 30 minutes. If the BAC has decreased to below the relevant detection level, they will immediately return to work and information will be provided to them regarding the sites EAP service. If the BAC level has decreased, but the level is still equal to or above the relevant detection level, this is deemed a breach of this Policy and the individual; (a) Will be provided with transportation to ensure the safe passage of the person to their home.

Note: If the person refuses to accept the transportation, the offer shall be repeated in the presence of a site senior manager as a witness. This incident shall be documented.

(b) The person will remain absent from work (either on sick leave or leave without pay) until as a minimum, a negative test is returned at the commencement of their next shift or thereafter.

(c) The person shall be counselled by their manager prior to re-commencement of work generally and specifically as to their individual Employee assistance plan which includes the offer of assistance through referral to the EAP service.

(d) DP World will take such other action as is considered appropriate in relation to the Employee’s positive test result, in accordance with Part 6 of this Policy.

5.4.2 Positive Drug Screen If there is a positive ‘non-negative’ screen for drugs, the individual will be asked to go to the designated testing area where; (a) They will be required to provide a urine sample for confirmatory testing (see process set out in

5.3 above). (b) They will be provided with transportation to ensure their safe passage home.

Note: If the person refuses to accept the transportation, the offer shall be repeated in the presence of a site senior manager as a witness. This incident shall be documented.

(c) Will remain absent from work (on pay) until the result of the test is confirmed. (d) If the confirmatory result is positive, this is a breach of this Policy and the individual will be

required to provide a negative result for drugs compliant with the relevant detection level before returning for their next shift. This will also be provided via a urine sample. For any absence from work from the time of a confirmed positive test result, until the Employee’s return to work, the Employee must access accrued sick leave or the time will be unpaid.

(e) The person shall be counselled by their manager prior to re-commencement of work generally and specifically as to their individual Employee assistance plan which includes the offer of assistance through referral to the EAP service.

(f) DP World will take such other action as is considered appropriate in relation to the Employee’s positive test result, in accordance with Part 6 of this Policy.

Page 12: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 12 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

5.5 Random Testing – Contractors, Truck Drivers & Visitors If following a random test, a contractor, truck driver and/or visitor returns a negative result, he/she will immediately return to work. If following a random test, a contractor, truck driver and/or visitor returns a positive result for an alcohol test and/or a non-negative result for an ‘other drugs’ screen, equal to or in excess of the relevant detection level the following will apply; 5.5.1 Positive Alcohol Screen If there is a positive screen for alcohol, the contractor, truck driver and/or visitor will be retested within 30 minutes. If the BAC has decreased to below the relevant detection level, they will immediately return to work and their employer informed of the incident. If the BAC level has decreased, and is still equal to or above the relevant detection level, the individual; (a) Will be referred to their employer to determine the most adequate and safe method for them to

exit the site. If the person is self employed they will be provided with transportation to ensure their safe passage home. Note: If the person is uncooperative, the information shall be repeated in the presence of a site senior manager as a witness. This incident shall be documented and may be used by site management in follow up discussions with individuals’ employer or other options may be exercised as set out in clause 6.5 below.

5.5.2 Positive Drug Screen If there is a positive (non-negative) screen for drugs, the individual will be asked to go to the designated testing area where they; (a) Will be required to provide a urine sample for confirmatory testing (b) Will be referred to their employer to determine the most adequate and safe method for them to

exit the site. If the person is self employed they will be provided with transportation to ensure their safe passage home. Note: If the person is uncooperative, the information shall be repeated in the presence of a site senior manager as a witness. This incident shall be documented and may be used by site management in follow up discussions with individuals’ employer.

DP World will take action as appropriate in relation to any contractor, truck driver or visitor returning a positive alcohol or drug test result, in accordance with Part 6 of this Policy.

Page 13: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 13 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

5.6 Post Incident/At Risk Testing Alcohol and other drug testing shall occur to one or more individuals following an injury (where deemed by Management) or property / equipment damage incident or serious near miss event. In such a situation, provided the individual/s involved is not seriously injured, the individual/s will be removed from the task and required to wait for alcohol and drug screen to be conducted. The required sampling and testing protocols, as outlined in 5.3 Drug and Alcohol Screening and Testing Protocols will be administered. If the screen result is negative, the Employee may immediately return to work taking into account any other relevant considerations as determined by the Company. If the screen result is positive for alcohol, or a non-negative / positive for other drugs, equal to or in excess of the relevant detection level the process as outlined in section 5.4 Random Testing – Employees shall be followed. Note: All post incident alcohol and other drug testing will be conducted by a NATA (National Association of Testing Authorities) accredited provider certified to Australian Standards AS 4308:2008 and AS 4760:2006. 5.7 Confidentiality Individual records and information relating to all alcohol and other test results shall not be passed on to anyone without the written permission of the person concerned except: (a) As required by law; (b) As expressly permitted by this Policy; and/or (c) In the proper course of a person performing their job, e.g. reporting to senior management,

seeking legal or other professional advice, reporting on an incident where alcohol or other drugs is a relevant factor.

Page 14: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 14 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

Part 6 Response to non-compliance 6.1 Voluntary Assistance and Employee Assistance Plans Employees who come forward of their own volition and ask for assistance with alcohol and/or other drug problems prior to a positive test will be supported by DP World. In these circumstances an Employee assistance Plan will be developed and implemented for recovery. Where an Employee has tested positive to alcohol and/or other drugs an Employee Assistance Plan will be established which sets out the conditions under which an individual, who has tested positive to alcohol and/or other drugs, may return to work. Employee Assistance Plans will be developed by the site HR Manager, in consultation with the individual concerned and their relevant senior Manager, following the initial (and where necessary subsequent) counselling process. Mandatory issues to be addressed in Employee Assistance Plans are; (a) Negative test result to be achieved prior to return to work, (b) Process to be adopted to achieve a negative test result, (c) Timeframe in which a negative test result is to be achieved, and (d) Offers of rehabilitation assistance made to the individual, i.e. referral to EAP. Additional issues that may be addressed in Employee Assistance Plans include; (a) Mandatory attendance at EAP counselling (or alternative provider), (b) Additional testing regimes, (c) Additional supervision and (d) Any other matters/steps considered to be appropriate to the specific case/circumstances. Failure to cooperate and comply with Employee Assistance Plan requirements will result in further counselling and possible disciplinary action. Note: Employee Assistance Plans will only be prepared and implemented for DP World Employees. 6.2 DP World Employee Assistance Program (EAP) The DP World Employee Assistance Program (EAP) is a referral and counselling service for Employees and their immediate family members who may need help with personal problems. The Program provides appropriate counselling and support for all Employees where required, services include; (a) coping with personal issues, and (b) work related issues. Employees who have related problems are encouraged to seek advice and to take appropriate treatment before their work performance declines. Employees accessing assistance will not be discriminated against or disadvantaged during treatment. More detail is included at Appendix C including the relevant contact numbers.

Page 15: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 15 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

6.3 Rehabilitation Employees who require leave from work to receive treatment for alcohol and other drugs issues may be entitled to access the following accrued leave entitlements; (a) Rostered time (if accrued), (b) Sick leave, (c) Annual leave, (d) Long service leave, and (e) Leave without pay. Note: Access to Leave without pay and the duration of Leave without pay is at the discretion of the individuals’ senior manager in consultation with the HR Manager. 6.4 EAP Privacy and Confidentiality Referral to the EAP and/or Rehabilitation; (a) Strict confidentiality will apply to all counselling sessions for the protection of the Employee’s

privacy. Records and information on the nature of the Employee’s personal problems will not be disclosed or passed to anyone without the written permission of the Employee concerned.

(b) Referral to the EAP will remain confidential and information arising out of counselling will remain confidential to the counsellor and the Employee concerned.

6.5 Disciplinary Action A breach of this Policy by an Employee and/or of a direction issued pursuant to this Policy, is a serious matter, potentially threatening the health and safety of all Employees. Accordingly, a breach of this Policy will result in appropriate disciplinary action which may include termination of employment. Contractors, truck drivers and visitors who breach this Policy or a direction issued pursuant to this Policy, may be directed to leave the site immediately and, where applicable, their employer informed of the issues. DP World may take further appropriate steps in relation to the individual, which may include but are not limited to:

- Imposing limitations on entry; and/or - Excluding the person from entering the site for a period of time.

________________________________________ _____________________________ Ganesh Raj Date SVP & Managing Director DP World Australia Ltd.

Page 16: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 16 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

A. ALCOHOL & OTHER DRUGS DETECTION LEVELS The Alcohol related detection level is determined to be 0.02% (BAC) at all DP World sites. Note: These cut off levels are intended to reflect Australian Standard detection levels. Table 1: Cut-off for screening with urine or saliva Table 2: Cut-off for laboratory confirmation with urine or saliva.

Page 17: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 17 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Policy Revised : June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

B. Drug and Alcohol Screening Process - Employee

Page 18: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 20 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Testing Policy Created: June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

C. Employee Assistance Program (EAP) The DP World Employee Assistance Program (EAP) is a free, confidential, professional counselling service for DP World Employees and their immediate families. DP World has contracted independent providers, Davidson Trehaire Corpsyche (DTC) and PPE Worldwide (Brisbane only) to provide a confidential counselling service. EAP assists Employees and their immediate families with personal problems that may affect work and personal life. These problems may include; • Relationship problems • Emotional stress • Grief and bereavement • Marriage and family problems • Drug and alcohol • Legal problems • Compulsive gambling • Financial problems • Work related difficulties • Depression or anxiety Confidentiality of the program is maintained through licensed and certified counsellors. EAP is designed to encourage self-referral, however, the offer of assistance via the company EAP will be offered and encouraged by Management if it is deemed appropriate and will provide benefit to the Employee. EAP services may be a mandatory part of an alcohol and other drugs Return to Work Program. To make an appointment with DTC call 1300 360 364 To make an appointment with PPC Worldwide (Brisbane only) call 1300 361 008

Page 19: Alcohol and Other Drugs Policy 2012

Prepared by: Director Operations Page 20 Authorised by: Senior Vice President & Managing Director Version #2 June 2012 Document: AOD Policy Replaces: DPW D&A Testing Policy Created: June 2012 Next Review:

*Hardcopies of this document are considered uncontrolled please refer to the DP World ANZ Region intranet website for the latest version*

D. Legislative References • NSW Work Health and Safety Act 2011 • NSW Work Health and Safety Regulation 2011 • QLD Work Health and Safety Act 2011 • QLD Work Health and Safety Regulation 2011 • VIC Occupational health and Safety Act 2004 • VIC Occupational Health and Safety Regulations 2007 • SA Occupational Health, Safety and Welfare Act 1986 • SA Occupational Health, Safety and Welfare Regulations 2010 • WA Occupational Safety and Health Act 1984 • WA Occupational Safety and Health Regulations 1996 • Australian Standard AS 4308:2008 - Procedures for specimen collection and the detection and

quantitation of drugs of abuse in urine • Australian Standard AS 4760:2006 - Procedures for specimen collection and the detection and

quantitation of drugs in oral fluid • DP World Global Health Safety and Environment Policy • DP World Global Fatal Risk Standards