Alcohol Drugs Workplace Alcohol Drugs Workplace - SafeWork SA ...

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2. DUTIES OF EMPLOYERS AND EMPLOYEES 2.1 Duty of care Employees and employers have obligations under the Occupational Health, Safety and Welfare Act 1986 (the Act) in relation to health, safety and welfare at the workplace. Employers and employees must comply with their duties under this Act. Persons in workplaces should also be aware of other legislation (outlined in this section) that may specifically deal with alcohol and other drugs at their workplace. 2.2 Obligations of employers (Sections 19 & 20 of the Occupational Health, Safety and Welfare Act 1986) Employers have a general duty to ensure the health, safety and welfare of each of their employees. Employer duties are set out in Section 19 of the Act. Employers must, so far as is reasonably practicable: • provide a safe working environment and safe systems of work so that, as far as reasonably practicable, employees are safe from injury and risks to health; • provide employees with information, instruction, training and supervision to ensure that each employee is safe from injury and risks to health; • monitor health and welfare of employees and conditions of work; • in consultation with health and safety committees, employees and any health and safety representatives, prepare and maintain policies and procedures relating to occupational health and safety at the workplace. The use of alcohol and other drugs may present a hazard at the workplace. The risk of injury or harm to any person resulting from the use of alcohol and other drugs must be assessed and measures taken to reduce the likelihood of any injury or harm occurring from their use. Where alcohol and other drugs may impair a person’s capacity, the employer should ensure the person is not in a position of personal risk, and that the person does not present a risk to the health and safety of others. If developing a policy relating to occupational health and safety, employers are obliged to consult with any health and safety representatives and committees, and other employees. 2.3 Obligations of employees (Section 21 of the Occupational Health, Safety and Welfare Act 1986) Employees also have a duty in relation to health, safety and welfare at the workplace as outlined in Section 21 of the Act. Employees have an obligation to take reasonable care to: • ensure that the employee is not, by the consumption of alcohol or a drug, in such a state as to endanger the employee’s own safety at work or the safety of any other person at work. • ensure their own health and safety at work Employees should ensure their activities away from work do not impact on their ability to perform their duties safely when at their workplace. An employee should inform him/herself about the effect of alcohol and other drugs on their ability to work safely. An employee should present and remain, while at work, fit for work. • avoid adversely affecting the health and safety of other persons at the workplace An employee affected by alcohol and other drugs presents a danger to co-workers and other persons at the workplace. 2.4 Obligations of Self-Employed Persons (Section 22 of the Occupational Health, Safety and Welfare Act 1986) As outlined in Section 22 of the Act, self-employed persons must take reasonable care to ensure their own health and safety at work and, as far as reasonably practicable, ensure they are not adversely affecting the health and safety of others. Guidelines for Addressing ALCOHOL & OTHER DRUGS IN THE WORKPLACE 3
4 2.5 Duty in relation to third persons Responding to a hazard presented by alcohol and other drugs may also include a situation where a third person, who is not an employee, enters the workplace affected by alcohol and other drugs. An example includes when a client, customer or visitor is at the workplace. Should this situation occur, the employer and employee must respond by minimising the risk that an impaired third person may present in the workplace. If such an occurrence is likely, it is advisable to have workplace procedures in place that outline how to deal with this situation. If the nature of the workplace presents special risks to employees, for example if employees regularly work alone, it may be advisable to have in place extra safety precautions such as distress alarms. 2.6 Duties of employers under the Occupational Health, Safety and Welfare Regulations 1995 Under the Occupational Health, Safety and Welfare Regulations 1995, employers have a duty to identify hazards that have the potential to cause injury, assess how likely these hazards are to cause injury and control the risks to minimise injury and illness. This should be done in consultation with employees and their representatives. This process is outlined in Section 3. Reg 1.2.2 (1) (c) repeats Section 21 of the Act, namely that an employee should ensure that he or she is not, by the consumption of alcohol or a drug, in such a state as to endanger the employee’s own safety at work or the safety of any other person at work. 2.7 Other legislation Persons at workplaces should be aware of other South Australian legislation relevant to alcohol and other drugs such as: • Controlled Substances Act 1984 This Act relates to the regulation and prohibition of the manufacture, production, sale, supply, possession, handling or use of certain poisons, drugs, therapeutic and other substances, and of certain therapeutic devices. • Road Traffic Act 1961 Offences relating to driving a motor vehicle, truck or mobile equipment whilst under the influence of alcohol and/or drugs. • Workers' Rehabilitation and Compensation Act 1986 This Act provides for rehabilitation and compensation of workers in respect to disabilities arising from their employment. There are specific implications for workers under this Act in relation to being under the influence of alcohol or other drugs. • Harbors and Navigation Act 1993 Sections of this Act relate to operation of a vessel while under the influence of alcohol or other drugs. • Security and Investigation Agents Act 1995 This Act relates to persons working in the security and investigations industry and has specific requirements relating to the consumption of alcohol or other drugs. • Rail Safety Act 1996 This Act relates to persons working in the rail industry and has specific requirements relating to the consumption of alcohol or other drugs. • Fire and Emergency Services Act 2005 This Act relates to persons working as firefighters or emergency services officers and has specific requirements relating to the consumption of alcohol or other drugs. Guidelines for Addressing ALCOHOL & OTHER DRUGS IN THE WORKPLACE
Page 1 and 2: Guidelines for Addressing ALCOHOL &
Page 3: 2 1. INTRODUCTION A range of factor
Page 7 and 8: 6 3. HAZARD IDENTIFICATION AND RISK
Page 9 and 10: 8 4. CONTROL STRATEGIES While there
Page 11 and 12: 10 Good communication and provision
Page 13 and 14: 12 Third persons It may be appropri
Page 15 and 16: 14 If the impaired person refuses t
Page 17 and 18: 16 If an employee is unable to perf
Page 19 and 20: 18 As with alcohol, the effects of
Page 21 and 22: 20 Over-the-Counter Medication Empl
Page 23: 22 7. APPENDIX Occupational Health,

Alcohol Drugs Workplace Alcohol Drugs Workplace - SafeWork SA ...

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