1. WasteMINZ 2009 Introducing a Drug and Alcohol Policy Aaron Lloyd, Partner Minter Ellison Rudd Watts 15 October 2009 Hotel Grand Chancellor Christchurch 1924748

2. Drug and alcohol policies Workplace drug and/or alcohol testing is legal in New Zealand Drug and alcohol testing can be the subject of a fair and reasonable employer policy An employer is required under health and safety legislation to take “all practicable steps” to provide a safe place of work An employer is also required to identify and manage significant hazards in the workplace Drugs and alcohol are listed as potential hazards in Health and Safety in Employment Act 1992 Tension between obligation to ensure workplace safety and employee’s right to privacy

3. Grounds for drug and alcohol testing Case law has confirmed a number of grounds of testing: Pre-employment Internal transfer to a safety sensitive position Post accident, incident or near miss Reasonable suspicion that an employee is under the influence of drugs or alcohol Random testing of employees in safety sensitive positions

4. Drug and Alcohol testing policy Coverage Method of testing Types of drugs being tested for Consent of employee – can’t compel an employee to undertake a test Privacy considerations - collection and results What do you do with employee while waiting for the results? Positive results – threshold/consequences Rehabilitation Ongoing review of policy including testing procedures

5. Tips for implementing a drug and alcohol policy Develop your proposal with appropriate staff i.e. health and safety representatives, unions Consult relevant professionals such as ESR, medical practitioners, or health and safety specialists regarding technical aspects such as collection and storing of samples or interpretation of results An employer is entitled to implement a drug and alcohol policy without employee/union agreement on the policy provided that employer is not bound by its employment agreements to obtain agreement employer has undertaken sufficient prior consultation on a draft policy policy is reasonable Inform employees of policy with training sessions/workshops

6. Issues with drug and alcohol testing What is a “safety sensitive position”? Consent – when does an employee give their consent? Competing issue of the right to privacy of the employee vs. safety obligations Rehabilitation – what is expected of an employer? Will you also include the ability for the employer to search employee property for presence of drugs and/or alcohol?

7. Questions

8. Contact Details Aaron Lloyd Partner Tel: +64 9 353 9971 Email: aaron.lloyd@minterellison.co.nz