gladstone regional councilinfo.gladstonerc.qld.gov.au/meetings/20140805... · 6.1 introduction the...

GRC ECM Subject Index: File Reference:- CM17.3

Gladstone Regional Council

Corporate Standard

Title DRUG AND ALCOHOL TESTING

Corporate Standard No. CS-13/2014 Date of Approval by Chief Executive Officer

Date of Effect Date Review Due 1.0 PURPOSE:

To implement an effective drug and alcohol program to ensure that the health and safety of all persons is not at risk or adversely affected by a worker attending the workplace while not fit for work due to the influence of either drugs or alcohol.

2.0 SCOPE:

All workers of Gladstone Regional Council "Council" as defined under s28 of the Work Health and Safety Act 2011. 3.0 RELATED LEGISLATION:

Work Health and Safety Act 2011; Work Health and Safety Regulation 2011; Transport Operations (Road Use Management) Act 1995; Drugs Misuse Act 1986; Crime and Misconduct Act 2011.

4.0 RELATED DOCUMENTS:

Occupational Health and Safety (OHS) Policy; Drug and Alcohol Policy; Gladstone Regional Council Corporate Standard CS-16/2013 Employee Assistance

Program; AS 4760:2006 - Procedures for specimen collection and the detection and

quantitation of drugs in oral fluid; AS4308:2008 - Procedures for specimen collection and the detection and

quantitation of drugs of abuse in urine; Form DA01 - Worker Notification to present for Testing; Form DA02 - Request for Drug and Alcohol Testing (Due to Concern or Following an

Incident);

GLADSTONE REGIONAL COUNCIL CORPORATE STANDARD NO. CS-13/2014 - DRUG AND ALCOHOL TESTING

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GRC ECM Subject Index: File Reference:- CM29.1 2

Form DA03 - Drug & Alcohol Analysis Result Form; Form DA04 - Positive Drug or Alcohol Test Interview; Form DA05 - Letter One to Worker (Following First Positive Drugs or Alcohol Test

Result) Form DA06 - Letter Two to Worker (Following Second Positive Drugs or Alcohol

Test Result) Form DA07 - Prescribed Medication Authorisation; Form DA08 - Prescribed Medication Authorisation Declaration; Form DA09 – Random Test Generation Record; Form DA10 - Prescription Medication Authority to perform Normal Duties; Form DA11 - Declaration for Medication Presumptive Positives.

5.0 DEFINITIONS:

To assist in interpretation of this corporate standard, the following definitions apply: - Delegated Officer means a person authorised under section 6.7.3 of this corporate

standard.

- Person in control of a workplace means a person with management or control in whole or part of the workplace, for example: supervisor, overseer, manager, director and coordinator.

- 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 formal environmental notification to the regulator.

- Worker means an employee, contractor, subcontractor, an employee of a

contractor or subcontractor, employee of a labour hire company, outworker, apprentice or trainee, student or volunteer. 6.0 CORPORATE STANDARD STATEMENT:

6.1 Introduction

The purpose of the Drug and Alcohol program is to ensure that the health and safety of all persons is not at risk or adversely affected by any worker attending the workplace while not fit for work due to the influence of either drugs or alcohol.

Section 28 of the Work Health and Safety Act 2011 prescribes obligations for workers to

ensure a safe working environment. A worker 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, workers 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'.


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There will be two types of testing conducted:

1. Breathalyser (Alcohol) – ‘Alcolizer’ Law Enforcement (LE) Unit; 2. Oral Fluid Sampling (Drugs) – Cozart DDS Oral Fluid Drug Testing System.

6.2 Medication - Prescribed and Non Prescribed Council will assist, where feasible, for workers 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, workers 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 worker is still able to perform their normal duties while taking the medication in question. For example, if a worker is taking strong painkillers, they should check with their treating medical practitioner 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 workers with initial guidance. If a worker is currently using, or at a later date commences a prescribed or over the counter medication and wishes to check the medication against the Cozart DDS, a test may be provided and disciplinary consequences under this corporate standard (in respect of that medication) will not be applied if the worker arranges the prescribed or over the counter medication test prior to random or other testing under this corporate standard. In order to assist the worker to determine their fitness for work, the worker is required to arrange completion of the following: Form DA07 - Prescribed Medication Authorisation; Form DA08 - Prescribed Medication Authorisation Declaration. It is not compulsory for workers to disclose the actual medication they are taking to Council. It is however the workers responsibly to ensure that they take the medication only as prescribed or directed. The worker 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. The following is a list of prescribed and non-prescribed (over the counter) medications that may produce a positive result when screening for workers 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 dependent upon the recommended dosage prescribed by the medical practitioner.

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.


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6.3 Refusal to undertake a Drug or Alcohol test Unless medical evidence can be provided to support a workers inability to submit to 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 deemed as a "failure to carry out a lawful and reasonable instruction" in accordance with the Code of Conduct for Employees Principle 3.2 Lawful and Reasonable Instructions and will be managed in accordance with Council's Disciplinary Policy. A worker failing to take a test will: 1. be returned to his/her place of residence; 2. be placed on leave without pay; 3. not be to return to work until a negative test result is achieved; 4. In the case of pre-employment testing, take no further part in the recruitment

process. 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, urine or oral fluid sample will constitute official / serious misconduct and will managed in accordance with Council's Disciplinary Policy. While refusal or failure to take the test will be regarded as a disciplinary matter, it is also a breach of the workers obligations under Section 28 of the Work Health & Safety Act 2011: While at work, a worker must:

1. take reasonable care for his or her own health and safety; and 2. take reasonable care that his or her acts or omissions do not adversely affect the health

and safety of other persons; and 3. comply, so far as the worker is reasonably able, with any reasonable instruction that is

given by the person conducting the business or undertaking to allow the person to comply with this Act; and

4. co-operate with any reasonable policy or procedure of the person conducting the business or undertaking relating to health or safety at the workplace that has been notified to workers.

6.4 Confidentiality and Disclosure of Information The OH&S Unit shall maintain the flow of all testing documentation. All test records will be filed securely in personnel files and will remain confidential. A worker 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. Drug and alcohol testing shall be conducted so as to respect the privacy of the worker, but to also maintain standards required. Personal information relevant to this corporate standard 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. 6.5 Organisational Support Council is committed to the principle of recovery of those workers affected by drug and/or alcohol problems. Council will support workers who are diagnosed with a drug and / or alcohol problem who are committed to their own rehabilitation. It is ultimately, though, the individual affected by alcohol or substance abuse who must be prepared to take steps to rectify their situation. An individual's commitment to their recovery will be evident through accepting assistance offered and attending counselling in order to resolve their problems.


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Strategies to support individuals with drug and/or alcohol or other problems at Council includes access to personal 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. 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 other workers within the workplace and where there are appropriate resources and supervision. Following the successful completion of treatment, the worker should return to their original position unless otherwise recommended by the OH&S Coordinator. Council may request written advice from the workers treating medical practitioner that states they are able to return to their normal duties before going back to work. 6.6 Right of Appeal If at any time a worker disputes the results of a positive test result, the worker has the right to an additional 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 Coordinator or delegate, results may require instigation of an interview which shall be facilitated as soon as practical.

6.7 Intervals of Testing - Drugs and Alcohol

Council will undertake drug and alcohol testing at the intervals of: Pre-employment,

Randomised, Test for Concern and following a Workplace Incident.

6.7.1 Pre-employment Medical A pre-employment medical is required for selected positions at the final stage of the recruitment process. Therefore, before the preferred applicant/s is offered employment with Gladstone Regional Council, they must undergo a Pre-employment Medical. The pre-employment medical will include testing for drugs and alcohol, and applies to permanent, fixed term and casual positions.

If the applicant is based in the Gladstone region or is able to attend a pre-employment medical locally, an appointment with Council’s preferred service provider shall be arranged. If the prospective applicant is based outside of the Gladstone region, a suitable service provider shall be engaged to undertake the test at a convenient location. In both instances Council will pay/reimburse the applicant for the cost of the appointment if they successfully pass the pre-employment medical and are offered an official position within Council. If a positive test is recorded, due to prescribed medication, the process of determining fitness for work, relevant to the use of prescribed medication through a secondary test shall be undertaken.


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6.7.2 Randomised Testing Random testing of individual workers 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 workers will be electronically selected for testing. For the purposes of confidentiality, the OH&S Coordinator (or delegate) will be the only worker with knowledge of the computer-generated selection result. The OH&S Coordinator (or delegate) 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 workers and the public. Examples of Authorised Functions are contained within Attachment 1 - Nominated Testers, Delegated Persons and Approved Functions. Workers selected for randomised testing shall be provided with formal notification in accordance with Form DA01 - Worker Notification for Drug and Alcohol Testing. 6.7.3 Test for Concern Testing may be required if an Occupational Health and Safety (OH&S) Advisor or person in control of a workplace based on evidence received, has reasonable grounds for concern that a worker may not be fit for work due to drugs and/or alcohol. In order to determine "reasonable grounds" reference to observed characteristics should be made in accordance with Form DA02 - Request for Drug and Alcohol Testing. Any worker has the right to submit a case for testing, if they have reasonable grounds that another worker may not be fit for work due to drugs and/or alcohol during working hours. Any worker submitting a case for testing must 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 the following delegated officers:

Chief Executive Officer; Director; Manager People and Performance; OH&S Coordinator.

The (1) up rule for approving a "test for concern" shall be applied if the delegate is the subject of the test. The Nominated Tester shall carry out a Test for Concern. Whilst there will be no penalty to those workers who submit a claim which is later proved to be unfounded, any worker involved in a history of claims where the validity is questionable, will be investigated further and managed in accordance with Council's disciplinary process. If a worker tests negative for Drugs and/or Alcohol under a test for concern and continues to exhibit “Reasonable Grounds’ that they may not be fit for work, the worker may still be required to obtain a medical clearance from a qualified medical practitioner before returning to normal duties.


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6.7.4 Testing Following a Workplace Incident If any worker is involved in an incident or accident which: 1. resulted in serious event (see Definitions in Section 5); or 2. in the opinion of the OH&S Coordinator, had the potential to result in serious event. The worker may be subject to Drug and Alcohol testing utilising Form DA02 - Request for Drug and Alcohol Testing. Where the Queensland Police Service (QPS) attend as a result of an accident/incident, if applicable, QPS testing procedures will have precedence over Council’s testing procedures. However, where only limited testing is conducted, Council’s procedures may supplement the QPS procedures. For example, where only alcohol testing is undertaken by the QPS, Council may also elect to initiate drug testing. Note: Where practicable, a worker must remain at the scene of an incident until instructed otherwise by the OH&S Coordinator or Advisor (e.g. It is not practicable to or expected that a worker will remain at the scene if medical attention is required). If a worker does not remain at the scene following an incident without reasonable excuse, this will be managed in accordance with Councils Disciplinary Policy. Council shall not pursue any worker for the purposes of conducting in-house Drug and Alcohol Testing while the worker is receiving direct medical attention. All incidents MUST be reported to the person in control of the workplace and / or OH&S Unit as soon as practicable after the incident e.g. by phone/mobile (this includes before an incident report form is completed). 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 the OH&S Unit being

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

notified. 6.8 Acceptable Concentration Levels - Drugs and Alcohol 6.8.1 Drugs All workers within a Council workplace are to produce a confirmed laboratory result of Negative for drugs in oral/urine samples or, in the case of confirmatory oral fluid or urine testing, less than the levels indicated in Attachment 2 - Drug Classes and Cut Off Rates, for the 5 drug classes namely; Cannabinoid’s; Sympathomimetic Amines; Opiates; Cocaine; Benzodiazepine.


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6.8.2 Alcohol 6.8.2.1 Low Risk Activities All workers (with the exception of those classified as high risk must provide, if tested, a blood alcohol concentration (BAC) of less than 0.05g/100ml (0.05%) to be permitted to the workplace. 6.8.2.1 High Risk Activities All workers that carry out high risk activities as described below must submit a BAC of 0.00g/100ml (0.00%): Truck/Bus Drivers - when operating vehicles that require LR licence or higher; Operation of any piece of earthmoving plant that previously required the licence to

operate issued by Workplace Health and Safety Queensland (e.g. Front-end loader backhoe, Bridge and gantry (remote control) crane, Excavator, Front-end Loader, Scraper, Road Roller, Grader, Skid Steer Loader or Dozer);

High Risk duties which require a Work Method Statement (e.g. WMS14 - Work on or adjacent a road or railway) in accordance with section 229 of the Work Health and Safety Regulation 2011;

Confined Space Work & Rescue; Traffic control duties (directional flow of traffic, erecting or moving signage); Use of Explosive Power Tools and Firearms; Aquatic duties (instructors, lifeguard) or responsibility for any part of occupant pool

safety.

Activities not listed above may be considered as high risk at the discretion of the Chief Executive Officer in accordance with the Work Health and Safety Act 2011.

6.9 Management of Positive Drug and/or Alcohol Results 6.9.1 First Positive Drug Test Result If a worker registers a positive result from the in-house drug screening, the following shall apply:

1. The worker shall have the oral sample confirmed by a laboratory. The handling of all samples will occur via ‘chain of custody’ arrangements with the relevant laboratory.

2. The worker 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 worker has no personal leave, can elect to use leave they have accrued.

3. Further testing using the Cozart DDS will be conducted before the worker returns to work and he/she must test negative in order to commence their duties.

If the returned laboratory result provides a positive test:

1. The worker will be provided a copy of the confirmed laboratory result; 2. An interview with the worker will be conducted as soon as practical using Form DA04 -

Positive Drug or Alcohol Test Interview; 3. The worker shall be offered a course in drug education;


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4. A formal record shall be taken for the personnel file and a letter provided to the worker advising that this constitutes a First Positive Test Result under Council’s Drug & Alcohol Corporate Standard;

5. Workers involved in incidents that would constitute official/serious misconduct or classified as "high risk" as per section 6.8.2 shall be managed in accordance with Council's Discipline Policy.

6.9.2 First Positive Alcohol Result Should any person register a result greater than or equal to 0.05%, or if the worker registers greater than 0.00% and performs duties classified as "high risk" as per section 6.8.2, the worker 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 worker will be deemed not fit for work, attract a first positive test result and the following actions will be taken:

1. The worker shall be returned to his/her place of residence; 2. The worker shall be placed on personal leave for that day, or if the worker has no

personal leave, can elect to use either annual leave or RDO time; 3. Further testing shall be conducted before the worker returns to work and the worker

must test negative in order to commence their duties; 4. An interview with the worker on their first day back to work (or as soon as practical) will

be conducted using Form DA04 - Positive Drug or Alcohol Test Interview; 5. Workers involved in incidents that would constitute official/serious misconduct or

classified as "high risk" as per section 6.8.2 shall be managed in accordance with Council's Discipline Policy;

6. The worker shall be offered a course in alcohol education; 7. A formal record shall be taken for the personnel file and a letter provided to the worker

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

6.9.3 First Interview Interviews may be helpful for the worker 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 worker 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 using Form DA04 - Positive Test Interview and copies provided to the worker for their own records, and a copy placed on the personnel file.

During this interview, the worker should be advised of the related health and safety risks within the workplace associated with drug or alcohol use, and the workers own view of any underlying reasons should be discussed. In the event that the worker 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 shall be offered. Council’s Employee Assistance Program applies to this Corporate Standard.


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6.9.4 Second Positive Drug Test Result If a worker registers a second positive test result from in-house drug screening, the following shall apply:

1. The worker shall have the oral sample confirmed by a laboratory. The handling of all samples will occur via ‘chain of custody’ arrangements with the relevant laboratory;

2. The worker shall be deemed not fit for work and will be returned to his/her place of residence and placed on personal leave, or if the worker has no personal leave, will be placed on leave without pay;


If the returned laboratory result provides a positive test:

1. The worker will be provided a copy of the confirmed laboratory result; 2. An interview with the worker will be conducted as soon as practical using Form DA04 -

Positive Drug or Alcohol Test Interview; 4. Workers involved in incidents that would constitute official/serious misconduct or

classified as "high risk" as per section 6.8.2 shall be managed in accordance with Council's Discipline Policy;

5. The worker shall be offered a course in drug education; 5. The worker shall be offered counselling through Councils Employee Assistance Provider; 6. The worker will be advised of the consequences of further positive test results; 7. A formal record shall be taken for the personnel file and a letter provided to the worker

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

6.9.5 Second Positive Alcohol Result Should any worker register a result greater than or equal to 0.05%, or if the worker registers greater than 0.00% and performs duties classified as "high risk" as per section 6.8.2, the worker 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 worker will be deemed not fit for work, attract a second positive test result and the following actions will be taken:


personal leave can elect to use either annual leave or RDO time; 3. Further testing shall be conducted before the worker returns to work and the worker

must test negative in order to commence their duties; 4. An interview with the worker on their first day back to work (or as soon as practical) will

be conducted using Form DA04 - Positive Drug or Alcohol Test Interview; 5. Workers involved in incidents that would constitute official/serious misconduct or

classified as "high risk" as per section 6.8.2 shall be issued managed in accordance with Council's Discipline Policy;

6. The worker shall be offered a course in alcohol education; 7. The worker shall be offered counselling through Councils Employee Assistance Provider. 8. The worker will be advised of the consequences of further positive test results. 9. A formal record shall be taken for the personnel file and a letter provided to the worker

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


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6.9.6 Second Interview Interviews may be helpful for the worker 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 worker 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 using Form DA04 - Positive Test Interview and copies provided to the worker for their own records, and a copy placed on the personnel file.

During this interview, the worker should be advised of the related health and safety risks within the workplace associated with drug or alcohol use, and the workers own view of any underlying reasons should be discussed. In the event that the worker 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 shall be offered. Council’s Employee Assistance Program applies to this Corporate Standard. 6.9.7 Third Positive Drug and/or Test Result 6.7.7.1 Third Positive Drug Result If a worker registers a third positive test result from in-house drug screening, the following shall apply:

1. The worker shall have the oral sample confirmed by a laboratory. The handling of all samples will occur via ‘chain of custody’ arrangements with the relevant laboratory;

2. The worker shall be deemed not fit for work and will be returned to his/her place of residence and placed on personal leave, or if the worker has no personal leave, will be placed on leave without pay;


If the returned laboratory result provides a positive test: 1. The worker will be provided a copy of the confirmed laboratory result; 2. Council shall initiate steps to manage unacceptable performance in accordance with the

discipline policy. 6.7.7.2 Third Positive Alcohol Result Should any worker register a result greater than or equal to 0.05%, or if the worker registers greater than 0.00% and performs duties classified as "high risk" as per section 6.8.2, the worker 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 worker will be deemed not fit for work, attract a third positive test result and the following actions will be taken:


personal leave, can elect to use either annual leave or RDO time; 3. Council shall initiate steps to manage unacceptable performance in accordance with the

discipline policy.


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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 a workers performance shall be managed in accordance with the discipline policy. Evidence that a worker has committed to a full drug and/or alcohol rehabilitation program, will be held in high regard, provided the worker is able to show evidence that he / she has successfully completed the program. An example of positive result scenarios is 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 result the management of unacceptable performance in accordance with the discipline policy.

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

Next positive result for either drugs or alcohol will result the management of unacceptable performance in accordance with the discipline policy.

Positive test for drugs or alcohol The worker must test negative before returning to work for the substance in question. Note: If the worker 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.

6.9.8 Third Interview Following a third positive drug/alcohol result, and after having considered the management of unacceptable performance in accordance with the discipline policy, the Chief Executive Officer's may initiate a third interview session. Note: A third interview will only be an option to approved / special cases - e.g. if a worker 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) and the relevant Director or Manager in attendance. 6.10 Management of Repeated Positive Drug and/or Alcohol Test Results When a worker 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. If a worker tests positive three (3) times within a five (5) year timeframe, the workers unacceptable performance will be managed in accordance with the discipline policy. If


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however a worker tests positive three times within a six (6) year timeframe or higher, the worker will be managed in accordance with a first positive result. Workers involved in incidents that would constitute official/serious misconduct or classified as "high risk" as per section 6.8.2 shall have their unacceptable performance managed in accordance with the discipline policy. Examples are provided in the following table:

What If? Result A worker tests positive in 2009, 2010 and 2011. A worker tests positive and is involved in incidents that would constitute official/serious misconduct or classified as "high risk" as per section 6.8.2.

Unacceptable performance managed in accordance with the discipline policy.

A worker tests positive in 2009, 2014 and 2015.

There will need to be another positive test by 2020 before unacceptable performance is managed in accordance with the discipline policy.

6.11 Responsibilities

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. This corporate standard is to be used by "the person in control of the workplace" refer to section 5 who becomes aware of a worker exhibiting behaviour (actions or signs) at work or prior to commencing work (which includes being called back to work), which the person in control of the workplace reasonably believes may be attributed to the use of a drug or alcohol. If a worker demonstrates behaviour / observed characteristics indicating the worker may not be fit for work, the person in control of the workplace is not to allow the worker to commence work. If the worker has started work, where possible the person in control of the workplace will immediately relieve the worker of his or her designated duties. Where feasible, the person in control of the workplace should direct the worker to a quiet, discreet location where the person in control of the workplace will inquire as to the circumstances of the workers apparent condition and from the answers provided decide what further action is required in line with the corporate standard. If the person in control of the workplace believes that the worker may not be fit for work due to drugs and/or alcohol, then the first step is to report the matter to the OHS Coordinator. A collaborative approach will be taken in determining whether in-house drug and alcohol screening should be conducted in line with this corporate standard. All Workers: Familiarise yourself with the Corporate Standard - Drugs and Alcohol;


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Attend and participate in testing procedures as requested; Encourage other workers to attend work in a fit state; Attend any 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; Ensure that a blood alcohol concentration of 0.00% for workers prescribed in section

6.8.2 is maintained when "on call". Workers not prescribed under section 6.8.2 are to ensure a level of below 0.05% is maintained.

Person in Control of a Workplace: Assist the OH&S Unit and Third Party Tester, as requested in organising randomly

selected workers for testing; Complete, as required, Form DA02- Request for Drug and Alcohol Testing (Due to

Concern or Following an Incident); Not allowing workers to undertake work when a worker appears to be unfit for work due

to drugs or alcohol.

Managers: Complete as required Form DA02 - Request for Drug and Alcohol Testing (Due to

Concern or Following an Incident); Liaise with the Delegated Person (section 6.7.3) regarding testing where requesting a

test; Conduct the First Positive Test Interviews in conjunction with the OH&S Advisor; Conduct the Second Positive Test Interviews, if required, in conjunction with the OH&S

Advisor; Attend any Third Positive Test Interview, if required.

Directors: Complete or approve Form DA02 as required - Request for Drug and Alcohol Testing

(Due to Concern or Following an Incident); Conduct the Second Positive Test Interviews (alternatively the Manager in conjunction

with the OH&S Advisor; Conduct any Third Positive Test Interview in accordance with section 6.9.8.

Chief Executive Officer: Review of Form DA04 – Positive Drug or Alcohol Test Interview; Consideration of the workers unacceptable performance in accordance with the

discipline policy; Conduct the Third Positive Test Interview in accordance with section 6.9.8 if required; Approve, as required, Form DA02 - Request for Drug and Alcohol Testing (Due to

Concern or Following an Incident). OH&S Advisor: Complete Form DA01 - Worker Notification for Drug & Alcohol Testing as applicable; Assist in the coordination of the Random Testing Procedure as required and complete

Form DA03 Drug & Alcohol Analysis Result in the event of an "in house" test;


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

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; Ensure random test generation documentation is completed by the third party testing

company, completing Form DA09 - Random Test Generation Record; Conduct the First Positive Test Interviews in conjunction with the Manager; Conduct the Second Positive Test Interviews in conjunction with the Director or

Manager. Human Resources:

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

Make all external Medical Testing bookings (excluding pre-employment medicals); Coordinate the acceptable behaviour process in accordance with council's discipline

policy. OH&S Coordinator:

Review and Approve, as required, Form DA02 - Request for Drug and Alcohol Testing (Due to Concern or Following an Incident);

Liaise with Third Party Tester regarding testing where authorising a test. Facilitate after-hours testing as required; Complete Forms DA05 or DA06 - Letters to Worker (Following Positive Test Results), for

signature by the relevant Manager / Director / CEO.

Manager People and Performance:

Review and Approve, as required, Form DA02 - Request for Drug and Alcohol Testing (Due to Concern or Following an Incident).

6.12 Education and Training Council recognises that it is important to develop a workplace culture through education where workers are prepared to encourage each other to be safe and not unfit for work. Corporate Orientation with regards to Drug & Alcohol Training Sessions for workers will cover the following: 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 workers who

are misusing drugs and alcohol to avoid developing further problems; Counselling, treatment and rehabilitation services available externally to enable workers

who have problems to seek effective solutions and treatment;


PAGE 16 of 26


How a worker who has a problem can self-disclose.

All Nominated Testers shall receive training for the correct use and care of Drug and Alcohol Testing equipment in accordance with the manufacturer's requirements. Nominated Testers 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.

7.0 ATTACHMENTS:

Attachment 1 - List of Nominated Testers, Delegated Persons & examples of Approved Functions;

Attachment 2 - Drugs Classes & Detection Times; Attachment 3 - Drug & Alcohol Abuse Assistance; Attachment 4 - Flowchart Pre-Employment Drug and Alcohol Testing Process; Attachment 5 - Flowchart - Random Drug Testing Process; Attachment 6 - Flowchart - Random Alcohol Testing Process; Attachment 7 - Flowchart - Test for Concern Drug Testing Process; Attachment 8 - Flowchart - Test for Concern Alcohol Testing Process; Attachment 9 - Flowchart - Drug Testing following a Workplace Incident; Attachment 10 - Flowchart - Alcohol Testing following a Workplace Incident.

8.0 REVIEW TRIGGER:

This corporate standard will be reviewed when any of the following occur:

1. The related legislation/documents are amended or replaced.

2. Other circumstances as determined from time to time by the CEO.

3. Periodic Review – 2 years from date of adoption.

TABLE OF AMENDMENTS

Originally Approved: <INSERT DATE APROVED> Amendment 1 <INSERT DATE APPROVED> Amendment 2 <INSERT DATE APPROVED> Amendment 2 <INSERT DATE APPROVED> APPROVED: ………………………………………… STUART RANDLE CHIEF EXECUTIVE OFFICER


PAGE 17 of 26


LIST OF NOMINATED TESTERS, DELEGATED OFFICERS & APPROVED FUNCTIONS

ATTACHMENT 1

Nominated Testers:

Appointed Third party Tester OH&S Advisors

Examples of Approved Functions:

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

Delegated Officer: Chief Executive Officer; Director; Manager People and Performance; OH&S Coordinator.


ATTACHMENT 2

CLASS OF DRUG TESTING REGIME AS4760 INITIAL TARGET

CONCENTRATION TESTING IN ORAL FLUID SAMPLES

AS4308 INITIAL TARGET

CONCENTRATION TESTING IN URINE

SAMPLES

AS 4760 CUT OFF LEVELS FOR

CONFIRMATORY TESTING IN ORAL FLUID SAMPLES

AS 4308 CUT OFF LEVELS FOR

CONFIRMATORY TESTING IN URINE

SAMPLES Tetrahydrocannabinol (THC) Pre-employment N/A 50ug/ml N/A 15ug/ml

All other Regimes 25ng/ml N/A 10ng/ml N/A

Sympathomimetic Amines (Incl. Amphetamines)

Pre-employment N/A 300ug/ml N/A 150ug/ml


Opiates Pre-employment N/A 300ug/ml N/A 300ug/ml


Cocaine (Metabolites) Pre-employment N/A 300ug/ml N/A 150ug/ml

All other Regimes 50ng/ml N/A 25ng/ml N/A Benzodiazepine Pre-employment N/A 200ug/ml N/A 200ug/ml



LOCAL CONTACTS FOR COUNSELLING AND ASSISTANCE SERVICES

TIPS ON HOW TO STOP DRUG & / OR ALCOHOL ABUSE

ATTACHMENT 3

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

1800 177 833 Free Call (Qld) or 4976 3347

Rockhampton Community Health Centre

4920 6900

Centacare

4982 4358 Management of Public Intoxication

4922 1588

Lifeline 13 1114


PAGE 20 of 26


ATTACHMENT 4 Flowchart - Pre-Employment Drug and Alcohol Testing Process

Applicant Applies for Vacant Position

Recruitment Interview

Pre-Employment Medical

Offer of Employment

Alcohol and Drug Screening

YES NO

POSITIVE DRUG

RESULT

NEGATIVE RESULT

2ND Test sent to Laboratory

POSITIVE ALCOHOL RESULT

NEGATIVE RESULT

Not suitable for

Employment


CONFIRMED POSITIVE RESULT

Secondary sample

undertaken within 15 Minutes

Not suitable for

Employment

Offer of Employment


PAGE 21 of 26


ATTACHMENT 5 Flowchart - Random Drug Testing Process

Worker selected for Random Drug Testing

Worker advised of result and resumes NORMAL DUTIES

Does the Worker perform HIGH RISK Activities?

POSITIVE DRUG RESULT

NEGATIVE RESULT

YES

NO

Secondary "Chain of Custody" Sample

undertaken

Worker returned home and deemed "Not fit for Work".

Worker returns to work on next rostered shift and

submits to testing

POSITIVE RESULT

NEGATIVE RESULT

Worker advised of result and resumes

NORMAL DUTIES

Sample sent to NATO Laboratory for analysis

Confirmatory Result Received


CONFIRMED NEGATIVE RESULT


Worker Interview Conducted

Council considers the response provided

Unacceptable performance managed in accordance with the discipline policy

YES

Termination of Employment?

POSITIVE Result recorded within employee file

NO


Interview Record Forwarded to CEO for

Approval


PAGE 22 of 26


ATTACHMENT 6 Flowchart - Random Alcohol Testing Process

Worker selected for Random Alcohol Testing



NEGATIVE RESULT

NO

Secondary sample undertaken within 15

Minutes


Worker returns to work on next rostered shift and submits to

testing


Worker Interview

Conducted



YES



NO


Interview Record

Forwarded to CEO for Approval

POSITIVE RESULT

NEGATIVE RESULT

POSITIVE RESULT

NEGATIVE RESULT


YES Result was 0.05% or Higher?

NO YES Worker returned home and deemed "Not fit for Work".


testing

POSITIVE RESULT

NEGATIVE RESULT


PAGE 23 of 26


ATTACHMENT 7 Flowchart - Test for Concern Drug Testing Process

OHS Advisor or Person in Control of a Workplace suspects Drug Use

FORM DA02 - Request for Drug and Alcohol testing is completed and forwarded to

the Delegated Officer

Delegated Officer reviews the request

Approved Rejected Feedback provided on the reason for Rejection

Test for Concern conducted within 4 Hours post approval



undertaken





submits to testing

POSITIVE RESULT

NEGATIVE RESULT


NORMAL DUTIES


YES






YES



NO




Approval

NO

NEGATIVE DRUG RESULT



PAGE 24 of 26


ATTACHMENT 8 Flowchart - Test for Concern Alcohol Testing Process

NO


Minutes



testing


Worker Interview

Conducted Council considers the

response provided


YES



NO


Interview Record Forwarded to CEO for Approval

POSITIVE RESULT

NEGATIVE RESULT

POSITIVE RESULT

NEGATIVE RESULT





testing

POSITIVE RESULT

NEGATIVE RESULT

OHS Advisor or Person in Control of a Workplace suspects Drug Use

FORM DA02 - Request for Drug and Alcohol testing is completed and forwarded to

the Delegated Officer

Delegated Officer reviews the request

Feedback provided on the reason for Rejection

Approved Rejected

Test for Concern conducted within 4 Hours post approval


NEGATIVE ALCOHOL RESULT



PAGE 25 of 26


ATTACHMENT 9 Flowchart - Drug Testing following a Workplace Incident



undertaken





submits to testing

POSITIVE RESULT

NEGATIVE RESULT


NORMAL DUTIES

Does the employee perform HIGH RISK Activities?

YES






YES



NO




Approval

NO

NEGATIVE DRUG RESULT

Workplace Incident Occurs - Serious Event as per Section 6.7.4

OHS Coordinator facilitates testing through External

Provider or in-house testers

Workplace Testing Conducted Worker advised of

result and appropriate incident

follow up undertaken


PAGE 26 of 26


ATTACHMENT 10 Flowchart - Alcohol Testing following a Workplace Incident

NO


Minutes



testing


Worker Interview

Conducted



YES


POSITIVE Result

recorded within

employee file

NO


Interview Record

Forwarded to CEO for Approval

POSITIVE RESULT

NEGATIVE RESULT

POSITIVE RESULT

NEGATIVE RESULT





testing

POSITIVE RESULT

NEGATIVE RESULT

Workplace Incident Occurs - Serious Event as per Section 6.7.4

OHS Coordinator facilitates testing through External

Provider or in-house testers

Workplace Testing Conducted POSITIVE ALCOHOL

RESULT NEGATIVE ALCOHOL RESULT

Worker advised of result and

appropriate incident follow up

undertaken

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