Everyone has a legal duty of care relating to drugs and alcohol
Everyone in the workplace has work health and safety responsibilities under the Work Health and Safety Act 2020.
A person conducting a business or undertaking (PCBU) has a duty to protect workers from the risks associated with the use of alcohol and drugs.
As a PCBU, you must manage all health and safety risks and this might include setting specific policies for the use of drugs and alcohol.
So far as is reasonably practicable, an owner must:
- ensure the health and safety of workers and others at your workplace;
- consult with workers who carry out work for the business or undertaking and who are (or are likely to be) directly affected by a health and safety matter; and,
- consult, cooperate and coordinate activities with all other relevant duty holders.
All workers have a legal duty to take reasonable care for their own health and safety and not adversely affect the safety of others.
Workers must ensure they arrive at work fit and well enough to do their job; and not be under the influence of alcohol or drugs.
There are a number of reasons why it is appropriate to develop a workplace policy on alcohol and other drugs:
- A PCBU could be found in breach of the general duty to provide a healthy and safe workplace that is free from hazards if injury or harm is suffered as a result of alcohol or other drug use.
- Having and applying an alcohol and drug policy demonstrates management commitment to a healthy and safe workplace.
- Having a clearly defined policy with supporting procedures in place, will assist the PCBU to provide a safe workplace and manage drug and alcohol related issues in the workplace.
- The existence of a policy also provides a means of informing employees and other people at the workplace about what behaviour is acceptable in relation to alcohol and other drugs in your workplace.
If a person appears affected or impaired by alcohol or drugs, the PCBU has an obligation to make sure the person or anyone else at the workplace is not put at risk.
- If a policy exists for this situation, it should be followed. In the absence of a policy, the PCBU should determine the most appropriate course of action, which may include making arrangements for the person to get home safely.
- It should not be assumed that any observed impairment is caused by alcohol and/or other drug use. Other impairment factors may include fatigue, medical conditions, chemicals, heat, noise and symptoms of work-related stress.
You can find more information here.
You can find specific information on vaping in the workplace here.