Using alcohol or other drugs can lead to intoxication and impairment at work. If you are considering testing employees for alcohol or other drugs, you need to have a workplace policy and include any requirements for testing in writing. It can be included in the employment agreement.
Alcohol and Drug Testing Policy
An alcohol and drug policy must outline what is and what is not acceptable in the workplace. If employees have to entertain clients or partners, then they might be allowed to have alcohol during that time.
The policy should also mention if employees do not follow the policy or if the policy is breached. It should cover:
- who it applies to
- the use of alcohol and drugs outside work when it can impact employee behaviour or performance at work
- responsibilities of employer and employees
- approaches to prevention and education, support or rehabilitation
- when and why alchohol and drug testing is required
- what type of testing may occur (random or targeted)
- where and how testing may occur
- what happens if an employee returns a positive test result, discussion of the results
Things to consider
This is a complex area and it is essential that employers who want to test employees get legal advice before testing. Speak with Peninsula before commencing drug testing to ensure all employment agreements and policies are in order. It’s important that any testing is performed appropriately, legally and is compliant with the Privacy Act 1993 and the Human Rights Act 1993.
You should also consider if this testing is needed. Testing could potentially compromise employee privacy.
You’ve received a positive alcohol or drug test result for one of your employees – what next?
- medical officer or manager to validate – speak to the employee
- discuss the implications of the results
- discuss options for treatment or rehabilitation
- provide a report indicating the positive test result and future action
Formal counselling should be offered, unless significant factors indicate a reason for immediate dismissal.
If there are repeat positive tests:
- issue a formal warning
- issue a final warning
- dismissal
Are employees who test positive for an alcohol or drug test entitled to time off?
Personal leave policy applies to employees who have tested positive and need time off for treatment or rehabilitation. It is the same procedure as for other illnesses or injuries.
Create safe workplaces with Peninsula
Managing staff can be tricky if you are unaware of the complex regulations and processes in place. Peninsula has worked with thousands of businesses in New Zealand, supporting them in implementing effective policies and procedures. Contact us to learn more about policies and procedures for your business.