DRUGS AND ALCOHOL PROTOCOL
(A Discussion Document)
The Taranaki Strategic Group was formed in association with the
Taranaki HSE Training centre to provide a lead in the promotion and
delivery of HSE awareness.
These guidelines were prepared in consultation with members of this
group having identified the need for consistency and support in
managing the issue of drugs and alcohol in the workplace.
The guidelines are intended to provide some direction for businesses
wishing to become free of drugs and alcohol. Support will be available
through local networks and collaboration.
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Table of Contents
DRUGS AND ALCOHOL PROTOCOL ......................................................3
Introduction: ................................................................................................3
Drug-Free Workplace .................................................................................3
Statement of Intent: ....................................................................................3
What are the laws surrounding drug testing in the workplace? ................5
Whether there is a potential health and safety risk. ..................................5
Privacy considerations. ..............................................................................5
The effect on basic individual rights. .........................................................5
The provisions of the employment agreement. .........................................5
The details of the proposed testing policy. ................................................5
What to put in a policy : ..............................................................................7
Implementation ...........................................................................................7
Roles and Responsibilities: ........................................................................9
Testing: ..................................................................................................... 10
Possible Consequences: .......................................................................... 12
Appendix A:
What drugs? .................................................................... 14
Appendix B:
Grounds for Reasonable Cause .................................. 16
Appendix C:
Social Function Guidelines ......................... 17
Q. Why test for drugs and alcohol?.......................................................... 18
Q. What is the risk posed by drugs and alcohol in the workplace? ........ 18
Q. Why isn’t the acceptable blood alcohol level 0? ................................. 18
Q. How are prescribed medications handled? ........................................ 19
Q. What is the ‘cut-off ‘ level ? ................................................................. 19
Q. If the company rule is that employees are not allowed to consume
alcohol or .................................................................................................. 20
Q. How does the policy apply to contractors? ......................................... 20
Q. How are visitors to a site/office treated? ............................................ 20
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DRUGS AND ALCOHOL PROTOCOL
Introduction:
A number of employers in
share their procedures and
alcohol use and abuse’ for
acceptance and expectation
the Taranaki area have agreed to
experiences relating to ‘drug and
wider exposure to achieve greater
of safer workplaces.
‘Alcohol and Drug’ free workplace programmes help improve
workplace safety and health in organisations of all sizes and in
all industries. They also play an important role in fostering safer
and drug-free families, schools and communities.
Drug-Free Workplace
Generally, a comprehensive drug-free workplace programme
includes five components:
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Drugs and Alcohol Policy
Consultation and Education
Training
Drug testing
Rehabilitation
Although programs can be effective without all five of these
components, it is recommended that all be at least explored
when developing a program. Managers should consult and discuss
to produce a fair program suited to the unique needs and
challenges of their workplace.
The following information has been collated from effective drugfree workplace programs in action with a number of supporting
and informational documents and references.
Statement of Intent:
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The use of drugs and alcohol becomes an occupational safety
and health issue if a worker’s ability to exercise judgement,
coordination, motor control, concentration and alertness at the
workplace is impaired and leads to an increased risk of injury or
incidents involving themselves or others. Drug use can affect
decision making, efficiency, mistakes, accidents, absenteeism and
be reflected in business and customer relationships.
A policy sets out the means by which management seeks to
ensure that it is not employing persons whose use of drugs or
alcohol is likely to put themselves, their employer, other
employees, the public or property at risk. The policy also
stipulates that being under the influence of Drugs or Alcohol
while at work, is prohibited.
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What are the laws surrounding drug testing in the workplace?
There is no specific employment related law that deals with drug
testing in
the workplace. (http://dol.govt.nz/workplace/knowledgebase/item/1361
)
Consider the following:
Whether there is a potential health and safety risk.
The Health and Safety in Employment Act 1992 places a duty
on an employer to provide a safe workplace
Privacy considerations.
An employee's right to privacy in relation to personal information
under the Privacy Act 1993 and common law may need to be
taken into account when considering testing and the handling of
results.
The effect on basic individual rights.
Relevant laws to consider may include the Human Rights Act
1993 and the New Zealand Bill of Rights Act 1990 (although the
New Zealand Bill of Rights Act 1990 only applies to acts done
by certain employers). Even if those laws do not make it
unlawful for an employer to require an employee to undergo drug
testing they may influence whether the requirement is reasonable.
The provisions of the employment agreement.
If an employment agreement gives an employer the right to
require employees to undergo drug testing then, provided the
provision in the agreement is reasonable and does not contravene
the protections contained in any relevant laws, it is more likely
that the employer will be able to require drug testing. Similarly, it
will be difficult for an employer to introduce drug testing if that
right is not contained in the relevant employment agreement,
unless the employee gives the employer informed consent.
The details of the proposed testing policy.
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Depending on the circumstances, random testing may be harder
to justify than testing of specific employees for specific purposes,
for example where an employee's ability to perform their job has
the potential to affect the safety of others.
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Development of a Policy
What to put in a policy :
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What is the purpose of your programme?
Who will be covered?
When will your policy apply?
What behaviour will be prohibited?
Will your programme include drug testing, and if so what
types?
What will the consequences be if your policy is violated?
Will there be return-to-work agreements?
What type of assistance will be available?
How will employee confidentiality be protected?
Who will be responsible for enforcing your policy?
How will you communicate this information with your
employees?
Implementation
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Look for information and assistance – there are a number
of websites and providers, as well as local employers with
experience and knowledge
Communicate with all staff, unions, contractors if appropriate
- conduct regular meetings with all staff
Make information easily available and include in induction
and standard training material
Welcome questions – and ask your own – there is plenty of
experience to draw on
Train all managers and supervisors
Make it business as usual
Be confident of success
Anticipate a long lead time
Keep the introduction low-key – don’t sensationalise
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
Review and monitor
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Roles and Responsibilities:
(This will depend on the size and organisation of the business
but the following should be considered.)
Activity
Raising the issue
Implementing and Reviewing
Implementation
Monitoring and reporting
Testing
Who is Responsible
Every employer has a duty to
identify a ‘potential hazard’
Management (after consultation
with employees/union)
Management, supervisors, team
leaders, coordinators etc.
Managers and where applicable
HR/Occupational Health
coordinator
Occupational health coordinator
or medical professional (with
appropriate training/certification)
Employers also have responsibilities in relation to social functions.
(see: Social Function Guidelines)
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Testing:
Testing
will
recommended
and chain of
The standard
tested. (See:
conform
to
AS/NZS
4308:2008
–
the
practice for collection, detection, transportation,
custody of urine samples.
clearly defines the cut-off level for each drug
What drugs?)
Informed consent - all persons who undergo drug and/or
alcohol testing should be told the purpose of the exercise;
who the information will go to; the name and address of
the testing organisation; and the likely consequences for
them if they refuse to participate.
Pre-employment – Prior to a position being offered a preemployment health screening which includes a drug and
alcohol test/ or drug and alcohol test only may be required.
Where a positive test is returned or the applicant refuses
to be tested no offer of employment will be made and the
applicant advised of the failure to meet the requirement.
Pre-deployment – Where there is a contractual requirement
of a client’s project or drug and alcohol policy, employees
may be required to undergo drug/alcohol testing. The
agreed procedures will be communicated to personnel prior
to deployment on a project or contract.
Reasonable cause – Where there are reasonable grounds to
suspect that an employee’s performance of safety may be
impaired by drug or alcohol use the issue should be raised
with the individual’s supervisor/manager and the employee
subject to a drug/alcohol testing. (see: Grounds for reasonable
cause)
Post incident testing – any employee or contractor whose
performance could have contributed to an incident where
there was potential /actual harm or loss may be required to
undergo a drug/alcohol test.
Post incident drug and alcohol tests must be conducted as
soon as possible after the incident. The employee will be
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supervised between the incident and the test to prevent use
of drugs and alcohol in the intervening period.
Ideally an alcohol test should be carried out within one
hour, a drug test within two hours respectively of the
incident.
Random testing – An arbitrary and transparent method will
be used to determine a selection of individuals identified in
safety critical roles, required to undergo drug and alcohol
testing at any time. This type of testing may be restricted
to specific times, sites, locations of staff; for example during
shutdowns, major projects where workload, stress, numbers
of staff are on the rise.
Annual Health Checks –
as agreed in the staff employment
contract, regular or annual health checks may include drug
testing.
Observed use - Employees observed taking, selling, transferring
or being in the possession or under the influence of drugs
or consuming or under the influence of alcohol during
working hours (other than during authorised social occasions)
will be subject to the disciplinary procedures of the
company.
Repeat tests - A second instance of a test returning a
positive result outside an agreed rehabilitation programme
could be dealt with as serious misconduct resulting in
instant dismissal.
Searches - Searches of company or personal property on
company premises may be undertaken where there are
reasonable grounds. If personal property is involved the
individual concerned will be present. Where a search
confirms an employee is in possession of an unauthorised
drug the management reserves the right to notify the police.
Any instance of drug dealing or manufacture of drugs will
be referred to the police.
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Refusal to submit to a test can include:
 Refusal to take a test
 Inability to provide sufficient quantity of breath or urine to
be tested without a valid medical explanation
 Tampering with or attempting to adulterate specimen or the
collection procedure
 Not reporting to the collection site at the appointed time
 Leaving the scene of an accident without a valid reason
before the test has been conducted
Information:
 Collection, storage or exchange of medical information
concerning any drug or alcohol test will be in accordance
with the requirements of the Privacy Act 1993 and the
standard AS/NZS 4308:2008.
 All information gathered as a result of testing is collected
for the purpose of implementing the drug and alcohol policy
and its objectives.
 All information gathered as a result of testing will be held
for the duration of the individual’s employment on the
employee’s medical file.
Possible Consequences:
Of a result indicating Excess Alcohol or Failed/positive drug
test
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For immediate safety stand down and removal of the
employee/contractor from the workplace
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Disciplinary action as per the company policy – may include
a written warning relating to the drugs or alcohol use
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The employee may be required to undergo rehabilitation
programme
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Contracted personnel who provide an unsatisfactory reading
will be removed from the workplace and may be deemed
unsuitable and not able to be approved for future entry
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Appendix A:
What drugs?
Testing will conform to AS/NZS 4308:2008 – the
recommended practice for collection, detection, transportation,
and chain of custody of urine samples.
The standard clearly defines the cut-off level for each drug
tested.
Illegal drugs as defined by the New Zealand Misuse of
Drugs Act 1975.
Legal drugs – the taking of prescription or non-prescription
drugs that may affect an employee’s performance should be
reported to immediate supervisor. Such drugs may be
allowable, if consistent with safe performance of the
employee’s duties and are used according to the prescribed
/recommended dosage.
Drug test by urine analysis for the presence of:
 amphetamine, meth-amphetamine, eg: ’designer drugs’,
ecstasy, fantasy, speed, ice, P
 Opiates, morphine, analgesiscs, narcotics, heroin,
codeine, homebake
 Cocaine
 Cannabinoids, THC
 Benzodiazapines; eg depressants, valium, tranquillisers
A negative test will result in no further action.
A ‘not negative’ test will result in a request for confirmation
by analysis with a Registered Laboratory.
Provision for retesting allows for a second test on a spare
sample of urine taken at the same time as the original
test.
Alcohol
Refers to any beverage that contains ethyl alcohol (ethanol),
including but not limited to beer, wine, and distilled spirits.
Alcohol test
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By analysis of breath for the presence of alcohol.
Testing will conform to AS 3547-1997, the standard for
breath alcohol testing devices.
The methods and standards for alcohol screening require a
breath alcohol screening device that complies with the Land
Transport Act 1998.
 *The levels as defined by Section 11 (a) of the Land
Transport Act 1998.(And as amended 2011)
There is a zero alcohol limit if you are under 20.
Over 20 years of age
over 400 micrograms per litre
of breath or 80 milligrams per 100 millilitres of blood.
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*A lower level as determined by the employer,
contracting company or site principal.
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Appendix B:
Grounds for Reasonable Cause
When assessing for reasonable cause, there will usually be more
than one indicator present. Examples of reasonable cause
include, but are not limited to the following:
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excessive lateness
absences often on Monday, Friday or in conjunction with
holidays
increased health problems
emotional outbursts
Personality changes
changes in alertness - affected attention span, distracted
changes in appearance, personal hygiene
less energy
involvement in various minor incidents
feigning sickness or emergencies as excuse for leaving work
going to the bathroom more than normal
defensive when confronted about behaviour
dizziness
slurred speech
hangovers
violent behaviour
impaired motor skills
bloodshot eyes
impaired or reduced short term memory
reduced ability to perform tasks requiring concentration and
coordination
intense anxiety or panic attacks
impairments in learning, memory, perception, judgement
irritability
depression
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Appendix C:
Social Function Guidelines
to assist in the planning and hosting of a company function
where alcohol will be available.
Any guidelines should be agreed by the company; the
management and/or the H&S committee.
Alcohol is not essential to any function.
The use of alcohol is a personal choice. No one should feel
pressured to either drink or not drink. No one should feel
uneasy or embarrassed as a result of their choice.
The company policy regarding the use of alcohol should be
observed at all times. eg If the company tolerance for alcohol
is zero then any employee consuming alcohol should not be
returning or commencing work after the function.
An adequate variety supply of non-alcoholic beverages including
water is available.
Food such as non-salty snacks and hors d’oeuvres are provided
with alcohol beverages
Minors are not served alcohol
Individuals who appear to be excessively intoxicated or impaired
are not served alcohol
Responsible behaviour and good judgement are to be encouraged
– sober driver support, pre booking of travel arrangements,
ensuring those who have been drinking are not responsible driver
etc.
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Appendix D:
Questions and Answers
Q. Why test for drugs and alcohol?
A. Testing for drugs and alcohol is part of an integrated
approach by employers to
discharge its duty of care obligations. It would suggest that the
testing regime will provide confidence to employees and other
stakeholders being managing the recognised risks posed by the
misuse of alcohol in the work place and misuse of legal drugs
and other substances and the use of illegal drugs.
Q. What is the risk posed by drugs and alcohol in the workplace?
A. It is generally recognised that the misuse of drugs and
alcohol can impair fitness to work and be a serious threat to
safety and the environment, health and productivity.
Misuse of drugs and alcohol can be a contributor to personal
injury, damage to
equipment and other property and damage to the environment.
Q. Why isn’t the acceptable blood alcohol level 0?
A. In some cases a company may adopt a risk-based approach
to managing drugs and alcohol in the workplace and having a
blood alcohol level of 0 is not consistent with such an approach.
Further, the body produces alcohol naturally, different people
producing different
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amounts and some medicines (such as cough mixture) contain
small amounts of
alcohol. Although it might sound simple, managing to a 0 level is
not practical.
Q. How are prescribed medications handled?
A. There is nothing to indicate or distinguish a difference
between the risk of prescribed medication and illicit drugs or
over-the-counter drugs, as their presence at or above the
prescribed levels may present a risk in the workplace.
Individuals on prescribed medication should discuss the use of
these drugs with their line manager or company doctor, so that
their circumstances can be assessed and any assistance provided.
Q. What is the ‘cut-off ‘ level ?
A. Drugs will show as a pass/fail result. The "cut-off" level defines
a result as positive or negative. If a specimen has more of a
drug in it than the cut-off level, then the specimen is positive for
drugs. If a specimen has less of a drug in it than the cut-off
level, then the specimen is negative for drugs.
Q. Does employee have the right to visit their own GP to have the
testing carried out?
A. General Practice surgeries do not generally stock the
appropriate tests to carry out Drug & Alcohol testing. The medical
professional also needs to have undertaken the appropriate ESR
course to administer these types of tests.
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Q. Is there information on how long it takes for a cannabis high to wear
off, or statistics about how long drugs can stay in your system?
A. Unfortunately providing accurate and credible statistics in this
area is near impossible. Due to metabolic factors, each person
responds to drugs in a different way. The effects that Drugs &/or
alcohol have on an individual and whether these effects translate
into harm, depends on a wide variety of individual, environmental
and drug-related factors. For example due to physiological
differences between males and females, females are more
susceptible to the effects of alcohol than males.
As a guideline Marijuana can stay in your system from anywhere
between 1 and 21 days. This depends on usage.
Q. If the company rule is that employees are not allowed to consume
alcohol or
drugs while working or driving does this include consumption before
work or
during lunch?
A. Yes. Consumption of alcohol or drugs before work or during
lunch could reduce your ability to do your job safely. Employees
and contractors are not allowed to work or drive while under the
influence of drugs or alcohol.
Q. How does the policy apply to contractors?
A. Contractors are expected to adopt practices consistent with the
objectives of the principal company’s policy, including how they
manage and support the objectives of the policy.
Q. How are visitors to a site/office treated?
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A. As the host to site visitors a company has a general
obligation for their health and safety. This means that those
who have responsibility for the visitors have an
obligation to manage their presence on site. If an assessment is
made that the visitor is an unacceptable risk to themselves or
others then they may not be permitted to enter a site or, if they
are on the site, they may be escorted from the site. This
would align with the day-to-day management of a site.
Q. How should we develop a drug and alcohol policy for our business?
Can we copy one from an internet site or from another business ?
A. Having a policy to work from can be helpful. However an
effective workplace policy is not generic – it needs to reflect the
specific requirements of the organisation. Therefore all levels of
the organisation should be consulted including employees, union
and management.
Q. We are aware that we need to consult with employees as part of
developing a D&A policy. However management are not comfortable
leading discussion about a topic they know little about. What assistance
is there?
A. Education is an important element of introducing new policy.
Raising awareness of drugs and alcohol as hazards in the
workplace can be delivered to all levels of an organisation.
There are agencies that can be contracted to deliver this.
Q. This is only a small business – we do not have the resources to
provide EAP (Employee Assistance Programmes)
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A. Establishing an EAP may not be practicable for many small
organisations. However it is important that anyone with a drug
or alcohol problem is referred for professional help. This could
be information available about the local doctor, health centre or
other local services able to provide confidential advice or referral
to appropriate service.
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