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 Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 -2- 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). Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 -3- 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 Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 -4- 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 Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 -5- 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: Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 -6- 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. Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 -7- 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. Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 -8- 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 Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 -9- 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) Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 - 10 - 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. Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 - 11 - 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 Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 - 12 - 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 Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 - 13 - 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 Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 - 14 - 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 Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 - 15 - 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 Alcohol, Tobacco and Other Drugs: Policy for TAFE NSW- Implementation Guide V3: March 2013 - 16 -