Drug and Alcohol Policy

Overview

This establishes the policy of ReGen Strategic and its associated entities (the Company) in relation to alcohol and drugs in its workplace.

Definitions

For the purposes of this policy:

‘worker’ means anyone employed or engaged to provide services for or on behalf of or to the Company, including a manager, an employee of a labour hire company who has been assigned to work in the Company (i.e. a ‘temp’), an apprentice or trainee, a student gaining work experience, or a volunteer
‘in the course of employment’ means whenever and wherever an employee is undertaking work or engaged in duties (even if the employee is not actively performing duties at the time)
‘workplace’ means any place where an employee performs, including (but not limited to) events, tastings in the office, or at external venues
‘fit for work’ means physically and mentally capable of performing all activities required of the employee’s position
‘impaired’ an employee is deemed to be impaired where the employee is under the influence of alcohol or drugs, and
‘alcohol’ means any substance that contains ethyl (ethanol) including beer, cider, wine and spirits.

Provision of a safe and productive workplace

The Company is committed to ensuring that it provides all its workers with a workplace free from risk to health and safety and the health and safety of its clients, their workers and the general public.

The Company is also committed to maintaining the efficient and effective operation of its business.

For these reasons, this policy will be strictly enforced.

Breaches of this policy may result in disciplinary action including the termination of employment.

Fitness for work

Employees must be fit for work and not impaired by alcohol and/or drugs in the workplace during working hours or whilst on duty, save as permitted by this policy.

It is the responsibility of each employee to ensure they do not, in the course of their employment:

report or try to report for work when impaired by alcohol, drugs (whether illegal or not) or substance abuse
possess illegal drugs
sell or supply others with illegal drugs
take (including ingest, inhale, snort or inject) any illegal drugs
consume alcohol in the workplace
operate a vehicle for work purposes under the influence of drugs or alcohol, and
take any drug (legal or illegal) that impairs their ability to be fit for work, without informing the Company of the impacts or restrictions of duties, for example, drowsiness.

An employee may be held personally liable for damages and costs associated with a motor vehicle accident, where the employee is found to have a blood alcohol concentration at or above the relevant road safety/traffic Act limit of 0.05 or is under the influence of drugs.

To be clear, employees must not consume alcohol during working hours (whether during ordinary working/business hours or outside of those hours). This includes when working at client events or while setting up/packing down client events. Exception for authorised work events

As an exception to the prohibition on consuming alcohol at work or during the course of employment, the Company may from time to time approve employee consumption of alcohol for authorised social or business purposes. Examples of this may include (but not be limited to):

end of year/end of financial year social functions
client entertainment/business development events
tastings, and
authorised end of week drinks.

However, even at such events, employees are and must remain responsible for their own alcohol consumption and behaviour. Employees must not become intoxicated or otherwise impaired by alcohol to the extent their behaviour is inappropriate. If the Company determines that an employee is in breach of this requirement, it may direct the employee to leave the function and may also treat the matter as a disciplinary matter.

Prescribed medication

Where an employee is on prescribed medication which may impair their judgment or performance they must notify the Managing Director as soon as possible.

However, an employee may be required to take leave if they are or appear to be impaired for their job or pose a risk to the health and safety of themselves.

Management may also request the employee obtain confirmation from their treating medical practitioner to clearly understand an impacts or restrictions for work to be performed safely.

Responsibilities

Employees are encouraged to self-test before attending work if they consider they are impaired by drugs or alcohol (including from earlier consumption, e.g. the night before) and not attend work if they do not meet the conditions of this policy.

All employees are immediately to consult the manager if they have concerns about working with another employee who they believe is not fit for work or under the influence of alcohol or drugs.

What happens if an employee is suspected of drug/alcohol impairment?

If there is an allegation that an employee is not fit for work because the employee is impaired by prescription or illicit drugs or alcohol or there is a reasonable belief that an employee is under the influence of alcohol and/or drugs (either upon reporting for work or during the course of work), the Company may take any steps as are necessary in the circumstances to ensure health and safety. This may include (but not be limited to):

informing the employee of the concerns
subjecting the employee to a drug or alcohol test (see below)
directing the employee to cease work for a specified time or until further notice
investigating the matter further, and
notifying the Police.

Employees alleged to be impaired by drugs or alcohol must not leave work unless directed by a manager of the Company.

All matters concerning alcohol and drugs will be treated confidentially.

Testing

The Company may at any time require an employee to submit to targeted drug or alcohol testing conducted by the Company management. Without limiting when this may occur, the Company may do this if it considers an employee may not be fit for work and/or able to safely do their job because the employee is impaired by drugs or alcohol.

The Company requires employees to consent to the Company being provided with a copy of the report, and to the Company discussing the matters in the report with a nominated medical practitioner.

Appropriate steps will be taken to ensure the testing procedures protect the privacy, dignity and confidentiality of the person being tested as far as is practicable.

If an employee attends work and suspects he/she is impaired by drugs or alcohol, the employee may ask the Company to conduct a drug or alcohol test. This is not permitted if the employee has been directed to undergo a drug or alcohol test that day by the Company.

An employee who initiates a test and tests positive will be required to return home by taxi at their own expense (unless collected by a vehicle within an hour by a friend or relative) and take personal leave until fit for work. The employee will be required to provide a clean drug or alcohol test (as relevant) before next being permitted to work. Voluntary tests will not be kept on the employee’s record.

Breaches

Any breaches of this policy will be treated as a serious disciplinary matter. Disciplinary action may be taken against an employee for breach of this policy, which may include termination of employment.

An employee being intoxicated at work may constitute serious misconduct, in accordance with the Fair Work Regulations 2009 (Cth) – Reg 1.07.

The Company will consider the following to be serious misconduct, which may lead to disciplinary action, including termination of employment, potentially without notice:

refusal to participate in routine or non-routine drug or alcohol testing
tampering with your or someone else’s drug or alcohol test sample
providing a false or deliberately providing an otherwise unusable test sample
aiding or assisting another employee to provide a false or tampered drug or alcohol sample
refusal to complete the required documentation in connection with a drug or alcohol test, and
wilfully and knowingly assisting another employee to conceal use of alcohol or drugs (including being under the influence of alcohol or drugs) in the workplace.

Advice and help

The Company will ensure that advice and help are made available to any employee who feels they have a problem with alcohol or drugs.

Advice and help is also available through:

Alcoholics Anonymous 1300 222 222, and
Your local general practitioner.