Alcohol, Tobacco and Other Drugs Policy

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Alcohol, Tobacco and Other Drugs Policy –
Implementation Guide
PD/2005/0225
Contents
1.
Introduction ............................................................................................................... 3
2.
Definitions ................................................................................................................. 3
3.
Policy Implementation............................................................................................. 4
3.1
Senior Management................................................................................................ 4
3.2
Institute and Central Support Unit Managers ................................. 5
3.3
Educational and Administrative staff ............................................... 6
3.4
TAFE NSW Counsellors ......................................................................................... 7
3.5
Health and Safety Committees and Health and Safety Representatives ....... 8
4.
Legislation and Related Policies ........................................................................... 9
4.1
NSW Government legislation and policy ............................................................. 9
4.2
Departmental and TAFE NSW documentation ................................................. 10
5.
Guide to local responses...................................................................................... 12
5.1
Background information for developing local responses ........ 12
5.2
Process for developing guidelines and local procedures ................................ 12
5.3
Content of guidelines and procedures..................................................................... 13
5.4
Develop a workforce development plan.................................................................. 14
5.5
Developing local procedures.................................................................................... 15
6.
Further information........................................................................................................ 15
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1.
Introduction
This supporting document provides additional information for TAFE NSW to
implement the Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW.
2.
Definitions
Alcohol, tobacco and other drug use
Refers to the use of any prohibited or illegal drug, the misuse of legal
drugs such as alcohol, tobacco, and prescription or over the counter
medications and the misuse of volatile substances such as petrol,
glues and paint thinners.
Drug
The World Health Organisation’s definition of a drug as any chemical
substance which, when taken into the body, affects the natural way a
person’s body and mind work, is used in this document. Drugs can be
natural substances or can be made artificially.
Harm
All alcohol, tobacco and other drug misuse is damaging to health.
Dependent use of any substance can lead to chronic health problems.
In addition, alcohol and other drug misuse can be associated with
acute harms such as accidents and overdose as well as antisocial
behaviours and crime. Tobacco smoking has the strongest link to
disease development and early death of all drugs. The health harms of
tobacco smoking can also affect others through the inhalation of
second-hand smoke.
Harm minimisation
Harm minimisation does not condone drug use, but refers to policies
and programs aimed at preventing and reducing harm associated with
both licit and illicit drugs.
It uses the three pillars of demand reduction (preventing or delaying
use and supporting people to recover from dependence), supply
reduction (reducing the production and supply of illegal drugs and
regulating the use of legal drugs) and harm reduction (reducing the
adverse health, social and economic consequences of use) (National
Drug Strategy 2010-2015, p.ii).
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TAFE NSW
Refers to all staff, students and other persons using or visiting TAFE
NSW premises; or any staff and students involved in TAFE NSW
activities off-site.
TAFE NSW staff
Includes all NSW TAFE Commission employees who work in Institutes
or central support units and includes anyone undertaking work on
behalf of TAFE NSW, or on TAFE NSW sites, such as contractors,
volunteers, agency personal and people undertaking work experience.
3.
Policy Implementation
Implementation of the Alcohol, Tobacco and Other Drugs: Policy for TAFE
NSW involves a shared responsibility of a range of key stakeholders across
TAFE NSW, including:
3.1
Senior Management
To enable effective implementation of the policy, Senior Managers, such as
Directors and General Managers are required to:
3.1.1 Ensure compliance with the NSW Smoke-Free Environment Act 2000,
the associated Smoke-Free Environment Regulation 2007 and the
NSW Tobacco Legislation Amendment Act 2012 on all campuses,
buildings and worksites across TAFE NSW.
3.1.2 Ensure that managers understand their obligations to:
 report notifiable incidents to the Work Health and Safety Directorate
in accordance with the Department of Education and Communities’
Incident Reporting Procedures in cases of serious injuries, including
when incidents occur as a result of alcohol and other drug use
 notify NSW Police in cases of a serious indictable offence, under
the NSW Crimes Act 1900.
3.1.3 Develop local alcohol, tobacco and other drugs guidelines and
procedures for staff and students and ensure that these:
 meet government and departmental policy and legal requirements
 are integrated into all relevant TAFE NSW operations
 address locally identified needs that may contribute to alcohol,
tobacco and other drug use, including cultural and workplace
factors
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




identify the roles, responsibilities and resources within the TAFE
NSW work and learning environment to respond to alcohol,
tobacco and other drug issues
include alcohol, tobacco and other drug awareness and health
promotion strategies for staff, students and central support units
include systems to monitor and evaluate appropriate responses to
alcohol, tobacco and other drug related issues among students
provide for a workforce development plan for those personnel
responsible for responding to alcohol, tobacco and other drug
issues
are reviewed annually and updated, as required.
3.1.4 Monitor the implementation and adherence with the local guidelines
and procedures across TAFE NSW.
3.2
Institute and Central Support Unit Managers
At the operational level, Institute and central support unit managers are
required to:
3.2.1 Ensure that all staff and students have access to relevant information
regarding alcohol, tobacco and other drug use, including local
guidelines and procedures.
3.2.2 Ensure that key personnel understand their roles and responsibilities in
relation to alcohol, tobacco and other drug issues.
3.2.3 Ensure that all staff with alcohol, tobacco and other drug
responsibilities:
 have access to appropriate professional development and relevant
training opportunities, and
 include alcohol, tobacco and other drug training activities in
professional development plans.
3.2.4 Promote a supportive environment for staff and students experiencing
alcohol and other drug-related issues and/or who want to cease
smoking tobacco – this includes referring staff to the Employees
Assistance Program (EAP) or relevant external service, as appropriate.

Determine which locations will be smoke-free, consistent with the
legislation (NSW Smoke-Free Environment Act 2000, Smoke-free
Regulation 2007, and the NSW Tobacco Legislation Amendment
Act 2012), take appropriate and sufficient steps to ensure that
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these areas remain smoke-free, and display appropriate and
sufficient signage
3.2.5 Continue to develop strategies to minimise the risk to non-smokers of
inhaling other people’s second-hand smoke including undertaking risk
assessments.
3.2.6 Take all reasonable steps to eliminate or minimise risks to the health
and safety of others through alcohol, tobacco and other drug use, as
outlined in the Department’s Code of Conduct Policy and Student
Discipline Mandatory Procedures - TAFE NSW (intranet only), which
may include temporarily excluding a person from the work or learning
environment to prevent harm to both the person and others, until the
risk has been addressed.
3.2.7 Monitor the reporting and investigation of injuries that may have been
caused by alcohol and other drug use, or by responding to an alcohol
and other drug related incident.
3.3 Educational and Administrative staff
Teaching and non-teaching staff may be faced with situations where a student
or a colleague may be affected by alcohol or other drugs in the classroom or
on other TAFE NSW premises. Educational and administrative staff are
required to:
3.3.1 Follow and implement the local guidelines and procedures related to
alcohol, tobacco and other drugs.
3.3.2 Where applicable, ensure that all students understand their
responsibilities regarding alcohol, tobacco and other drug use in the
learning and work environment and are provided with relevant
information through the: Student Discipline Mandatory Procedures TAFE NSW (intranet only), Student Rights and Student
Responsibilities statements, and that they observe signage indicating
non-smoking and designated smoking areas.
3.3.3 Consider the appropriateness and health and safety impacts of alcohol
use by staff and students over 18 years of age in any learning
situation, including the planning of campus events, practical activities
and overnight excursions or field trips.
3.3.4 Ensure when alcohol is supplied at a function or other activity on TAFE
NSW premises that:
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


licensing requirements, responsible service of alcohol (RSA) and
the legal requirements prohibiting the supply or sale of alcohol to
minors are observed and adhered to
a risk assessment of the venue/site is undertaken and possible
risks identified and addressed such as fall hazards, lighting and
safe transport
staff observe and adhere to their professional responsibility and the
Department’s Code of Conduct regarding alcohol consumption
when representing TAFE NSW, e.g. at an external function.
3.3.5 Report as soon as is practical, any incident which causes, or has the
potential to cause, work-related injury and illness to a line manager.
3.3.6 Follow procedures outlined in the Department of Education and
Communities’ Violent Behaviour, Identification of History and
Management Policy – TAFE NSW in cases where a student’s
behaviour may present an ongoing risk to others.
3.3.7 Respond to the observable behaviour when assessing alcohol and
other drug-related incidents, such as loud, aggressive language or
behaviour, loss of consciousness, diminished judgement and
coordination - seek first aid or security staff assistance, if required.
3.3.8 Ensure that students and visitors comply with the NSW Smoke-Free
Environment Act 2000, Smoke-Free Environment Regulation 2007 and
the NSW Tobacco Legislation Amendment Act 2012, and any
workplace restrictions on smoking, such as the enforcement of nonsmoking areas.
3.4 TAFE NSW Counsellors
In addition to those responsibilities outlined in 3.3, TAFE NSW counsellors
and other appropriately trained and experienced officers providing support
and mentoring to students with alcohol, tobacco and other drug/s related
issues, are required to:
3.4.1 Provide initial screening and refer students to appropriate external
services
3.4.2 Provide staff with information regarding appropriate referral options.
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Depending on the level of expertise and resources, Counsellors may also:
3.4.3 Provide a simple assessment for alcohol and other drugs and related
issues
3.4.4 Conduct early or brief interventions for alcohol and other drug issues,
that may include motivational interviewing, either individually or in small
groups, as appropriate
3.4.5 Provide support and advice on smoking cessation, either in groups or
individually
3.4.6 Support TAFE NSW alcohol, tobacco and other drug health promotion
projects.
3.5
Health and Safety
Representatives
Committees
and
Health
and
Safety
Under the Work Health and Safety Act 2011, consultation arrangements for
TAFE workplaces can include a Health and Safety Representative, a Work
Health and Safety Committee or other arrangements in accordance with the
TAFE WHS Consultation procedures. As a result:
3.5.1 Health and Safety Representatives (HSRs) will:
 Represent their workgroup in matters relating to work health and
safety and prevention of incidents arising from misuse of alcohol,
tobacco or other drugs
 Monitor measures taken by the Institute or central support units in
relation to the misuse of alcohol, tobacco or other drugs
 Investigate any incidents, or inquire into any risks, that relate to the
misuse of alcohol, tobacco or other drugs with the Institute.
3.5.2 Health and Safety Committees will:
 Assist the Institute or central support unit to develop rules and
procedures that can reasonably be taken to eliminate or minimise
risks to the health and safety of workers through alcohol, tobacco
and other drug use
 Facilitate cooperation amongst staff to consider the likelihood of an
alcohol, tobacco or other drug hazard or risk occurring, the degree
of harm that might result and the availability, suitability and cost
associated with eliminating or minimising these risks
 Provide advice to and seek advice from nominated Health and
Safety managers
 Regularly monitor and review smoking on campus rules and
procedures to ensure continual elimination or minimisation of risks
to the health and safety through tobacco use.
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4.
Legislation and Related Policies
4.1
NSW Government legislation and policy
4.1.1 NSW Work Health and Safety Act 2011 No 10, including the:
 Work Health and Safety Regulations
 Codes of Practice
4.1.2 Liquor Act 2007 No 90, including:
 Part 1: Preliminary, in particular:
o Meaning of intoxicated
 Part 3: Liquor licences, in particular :
o On-premises licences (Division 4)
o Limited licences (Division 7)
 Part 4: Licensing procedures and related matters, in particular:
o Community impact statements (Division 2)
 Part 5: Regulation and control of licensed premises, in particular:
o Prevention of excessive consumption of alcohol on licensed
premises (Division 1)
o Responsibilities and liabilities in relation to licensed premises
(Division 6)
 Part 6: Miscellaneous offences and regulatory controls, in
particular:
o Responsible sale, supply and service or promotion of liquor
(Division 1)
 Part 7: Special provisions relating to minors, in particular:
o Underage drinking (Division 1)
o Minors on licensed premises (Division 2)
4.1.3 Drug Misuse and Trafficking Act 1985 No 226
4.1.4 Smoke-Free Environment Act 2000 No 69, in particular:
 Part 2: Prohibition on smoking in smoke-free areas
4.1.5 Smoke-Free Environment Regulation 2007
4.1.6 NSW Tobacco Legislation Amendment Act 2012 which prohibits
smoking in a number of areas from January 7, 2013, including:
 within 10 metres of children’s play equipment
 swimming pool complexes
 spectator areas of sports grounds or other recreational areas while
organised sporting events are being held
 bus stops, light rail stops and taxi ranks
 within four metres of a pedestrian access point to a public building
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From 2015, the Act prohibits smoking in commercial outdoor dining areas, or:
 a seated dining area, or
 within four metres of a seated dining area on premises that are
licensed premises under the Liquor Act 2007 or the premises of a
restaurant defined in that Act, or
 within 10 metres of a place at a food fair where food is sold or
supplied for consumption at the event, with a food fair being an
organised event at which the principal activities are the sale or
supply of food for consumption at the event and the consumption of
that food.
4.1.7 NSW Health’s Smoke-Free Guide: Determining an enclosed public
space
4.1.8 NSW Tobacco Strategy 2012 - 2017 in particular Actions to Reduce
exposure to second-hand smoke in workplaces, public places and
other settings and to Strengthen efforts to prevent the uptake of
smoking by young people (p.20-21).
4.2
Departmental and TAFE NSW documentation
4.2.1 Student Discipline Policy-TAFE NSW (2009) and Student Discipline
Mandatory Procedures - TAFE NSW (intranet only) (2008)
4.2.2 Injury Management, Health And Wellbeing Guidelines and Support
Tools (internet only) including:
 Injury management and return to work
 First aid Guidelines
 Infection Control Guidelines
4.2.3 Code of Conduct Policy and Code of Conduct Procedures (2010); in
particular:
 Section 11 Use of drugs, alcohol and tobacco
4.2.4 Dignity and Respect in the Workplace Charter
4.2.5 TAFE NSW human resources policy procedures (intranet only) (2011);
in particular:
 Part 5. Professional Conduct
4.2.6 Protecting and Supporting Children and Young People (2010)
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4.2.7 Legal Issues Bulletin No. 50 Exchanging Information with other
organisations concerning the safety, welfare or wellbeing of children or
young people (2009)
4.2.8 Violent Behaviour, Identification of History and Management Policy
TAFE NSW
–
4.2.9 Complaints Handling Policy (2007)
4.2.10 Risk Management tools on the DEC WHS website (intranet only)
4.2.11 Students with Disabilities Policy -TAFE NSW (2005)
4.2.12 Legal Issues Bulletin No.6, Reviewed September 2012, Power to
Search Students
4.2.13 Legal Issues Bulletin No. 40A, 4 February 2008, Collection, use and
disclosure of information about students with a history of violence
4.2.14 TAFE NSW Workplace Learning Policy, including: Safe and Ethical
Practice during Student Workplace Learning –TAFE NSW (2006)
4.2.15 Incident Reporting Policy and Procedures
4.2.16 Other relevant local policies, e.g. students’ rights and responsibilities.
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5.
Guide to local responses
This section outlines suggestions to assist TAFE NSW Institutes and central
support units to develop local guidelines, procedures and workforce
development plans.
5.1
Background information for developing local responses
The Department’s Policy Format Guidelines (2004) provides the following
definitions:


Guidelines are suggested courses of action to guide decision
making concerning discretionary aspects of procedures or areas
where procedures or policies remain undefined. Guidelines may
also contain mandatory elements for policy compliance.
Procedures are standard actions necessary for compliance with a
policy. They may also comprise process maps, business rules and
plans and other materials. Procedures may have mandatory and
discretionary components that need to be clearly distinguished.
For example, guidelines can guide the development of local procedures that
are tailored to meet the particular requirements of TAFE NSW work and
learning environments.
5.2
Process for developing guidelines and local procedures
Assessment
Assess the specific needs of the work and learning environment including:
 existing policies, management structures, systems, procedures and
strategic plans that provide direction to staff to respond to alcohol,
tobacco and other drug/s issues
 the learning and work environment and cultural factors
 any existing problems
 potential health and safety risks including measures to eliminate or
minimise risk, such as undertaking a risk assessment to establish
the most suitable areas to be designated as smoking and nonsmoking.
Analyse relevant documents

Documents relating to the development of local guidelines and
procedures need to be analysed for relevance and applicability
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

A list of related documents outlined in Section 5 includes relevant
policies and legislation
TAFE NSW work and learning environments need to ensure that
additions and changes to this list of related documents have been
investigated for inclusion in the development of local guidelines and
procedures.
Consultation

Consultation must occur among all employees in Institutes and
central support units, health and safety representatives, work,
health and safety committees, student association members and
union representatives where appropriate.
Develop guidelines and procedures



Draft guidelines that identify roles and responsibilities and when
and how TAFE NSW will respond in relation to alcohol, tobacco and
other drug issues
Distribute draft guidelines to all stakeholders for comment and redraft if necessary
Develop local procedures, tailored to the needs of individual
workplaces, to inform staff about how and when to respond to
alcohol, tobacco and other drug related issues, and to identify
designated smoke-free areas and the measures staff should take if
they observe someone smoking in a smoke-free area.
Establish systems to monitor and evaluate the guidelines and procedures
5.3
Content of guidelines and procedures
Local alcohol, tobacco and other drug guidelines and procedures will describe
when and how the Institute or central support unit will respond to alcohol,
tobacco and other drug related incidents, including:
Roles and responsibilities of all staff, including:


providing education, information, strategic plans and professional
development programs to inform staff and students of the
availability of guidelines and procedures and to raise awareness of
alcohol, tobacco and other drug issues
awareness of professional conduct issues around consuming
alcohol at TAFE NSW functions, or when acting as a representative
of TAFE NSW
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


the use of alcohol at TAFE NSW functions and events, and in
circumstances where students under the age of 18 years are in
attendance
when dealing with alcohol and volatile substances, as prescribed in
the curriculum
observing the rules relating to alcohol, tobacco and other drug use
and possession on campus.
Develop strategies:





to promote non-use of alcohol, tobacco and illicit drugs in the
learning and work environment
to ensure responsible service of alcohol on those campuses/
locations with licensed premises
to enforce non-smoking of tobacco or any other product which is
intended to be smoked, in accordance with NSW legislation, as
outlined in Section 5
to eliminate or minimise the harms of second-hand smoke exposure
from designated smoking areas, to other students, staff and visitors
to ensure the responsible use of prescription and over the counter
medications in the work or learning environment, particularly when
driving or using heavy machinery.
Developing responses to:






5.4
eliminate or minimise risks if a person poses a safety concern because of alcohol and other drug related issues, such as the
potential for violence
students’ misuse of alcohol, tobacco or other drugs at TAFE NSW consistent with Student Discipline Policy-TAFE NSW and Student
Discipline Mandatory Procedures – TAFE NSW (intranet only)
(2008) and the Code of Conduct Policy (2010)
an emergency situation, such as an overdose, intoxication and/or
discarded sharps
a student or staff member in possession of, or using, illegal drugs,
in compliance with any reporting requirements under the NSW
Crimes Act 1900, referral to drug and alcohol and support services
support students and staff who currently smoke tobacco to quit and
remain non-smoking
refer students and staff to counsellors and outside agencies for
counselling and treatment when needed.
Develop a workforce development plan
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To ensure effective implementation of the guidelines and procedures, TAFE
NSW Institutes and central support units need to develop a workforce
development plan that includes:




5.5
the identification of their alcohol, tobacco and other drug training
and development needs
an assessment of the competencies required by staff who are
responsible for responding to alcohol, tobacco and other drug
issues
a professional development plan to ensure all staff understand the
policy and their responsibilities, which may include plans for on-thejob learning opportunities
the development of systems to monitor the performance of staff
with responsibilities for responding to alcohol, tobacco and other
drug issues.
Developing local procedures
Institutes and central support units may develop a chart of actions for staff
reference when dealing with possible alcohol, tobacco and other drug
incidents.
Recommended steps in the flow chart of actions include:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
6.
Assess the situation
Determine if the person poses a safety risk to the work and
learning environment and, if so, analyse the safety risk and identify
steps to eliminate or minimise the risk
Arrange appropriate intervention, including providing first aid and
contacting emergency services where necessary
Report the incident to management
Request assistance (if needed) from management, counselling
service, first aid officer or security
Notify next of kin, where appropriate
Organise assistance, such as transport home, where appropriate
Refer on to appropriate agency for assistance and information
Report the matter to NSW Police or WorkCover NSW, if necessary
Follow the steps outlines for a breach of student and/or staff
discipline, if needed
Monitor and review as required.
Further information
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For more information about the policy framework please contact the:
Co-ordinator
TAFE NSW Alcohol and Drug Unit
Telephone 02 9942 3200
Fax 02 9942 3257
Email: jane.fisher1@tafensw.edu.au
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