COCA-COLA AMATIL (N.Z.) LIMITED - Drug & Alcohol Policy January 2015
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COCA-COLA AMATIL (N.Z.) LIMITED Drug & Alcohol Policy January 2015 Author: Human Resources Approved by: GMHR Date: January 2015 Page 1 of 13
1. PURPOSE & INTENTION Drugs and alcohol can have a significant impact on the occurrence of injury and ’near misses’ in the workplace, as well as negatively affecting employee productivity. The objective of this Policy is to maintain a drug and alcohol-free workplace which will help ensure a safe and productive workplace and to provide education and treatment to our employees. 2. SCOPE This policy applies to all employees, contractors and visitors who are involved in any activity conducted by or on behalf of the company. 3. POLICY SUMMARY • This policy outlines the company’s objective to identify and eliminate the hazards and risks associated with being under the influence of and/or the use of alcohol and drugs at work and assisting employees in managing their responsibilities in regard to alcohol and other illegal drugs. • The company is committed to: • Providing a safe work environment for all employees • Encouraging and assisting employees to realise their full personal potential within an environment that actively promotes their health, wellbeing and safety; • Minimising alcohol and other drug related harm to individuals, property and the reputation of the company; • Encouraging moderation and a responsible attitude toward the consumption of alcohol; • Meeting legal and compliance responsibilities across all company related activities. • The use of drugs and alcohol by employees at work or an employee attending work under the influence of drugs or alcohol, can have serious consequences for the safety of other employees as well as for the employee affected. The company has no desire to intrude into employee’s personal lives, however, use of drugs or alcohol or being under the influence of drugs and alcohol can have an adverse effect on workplace health and safety. • The company has a legitimate interest in taking appropriate action if alcohol or drug use is adversely affecting health, safety or performance of an individual or group within the company or the CCANZ community, or brings the company into disrepute. § All members of the CCANZ community share responsibility for protecting themselves, their colleagues and the company’s reputation by exemplifying high standards of professional and personal conduct. Author: Human Resources Approved by: GMHR Date: January 2015 Page 2 of 13
4. ALCOHOL Alcohol is permitted on company sites for manufacture, storage, sale and distribution purposes only. All company premises are alcohol free sites for the purposes of consumption. This means that the consumption of alcohol on company property at any time is prohibited unless as an express requirement of your role i.e. part of a recognised quality check process during manufacture of the product. Further to this, at the commencement of each shift and during working hours individuals must not under any circumstances be intoxicated or adversely affected by alcohol as to prevent or impair the proper performance of duties, whether being the employee’s own duties or the duties of any other person. If the company determines that an employee is impaired by alcohol, the company will direct that employee to cease work immediately. Where an employee has been encouraged to seek assistance for an alcohol problem, under the Drug & Alcohol Policy, but fails to do so and his or her actions impact on the safety or enjoyment of other employees, disciplinary action or other company procedures may be instituted. ALCOHOL & COMPANY VEHICLES • Employees who drive any company vehicle must not consume alcohol during working hours or while at work, unless authorised by your manager. (Refer Prohibition of Alcohol Summary on Page 3) • In certain circumstances where an employee consumes alcohol while on authorised company-related activities, the company will provide alternative methods of transportation, such as taxi vouchers or reimbursement of travel. This must be authorised by your manager in advance. • Any employee, who is driving a Company vehicle and is found to have an excess breath alcohol level and is charged by NZ Police as being over the legal limit for driving will be subject to disciplinary action including dismissal. • Any employee who is required to have a valid driving licence as part of their role requirement and is found to have an excess breath alcohol level resulting in loss of their licence whilst driving a personal vehicle may be subject to disciplinary action including dismissal. ALCOHOL & MACHINERY • Individuals covered under the scope of this policy must not under any circumstances operate machinery for the purposes of company-related activities or otherwise while under the influence of any level of alcohol. • For the test to be positive there must be a level of alcohol on the employee’s system higher than 100mg/per litre of breath. Author: Human Resources Approved by: GMHR Date: January 2015 Page 3 of 13
EMPLOYEE EVENTS INVOLVING ALCOHOL • The company recognises that, from time to time, employees may enjoy a variety of social activities offsite which may include the consumption of alcohol. Prior approval must be sought from your manager to consume alcohol while off-site during work hours or at any time you are representing the company. • Consumption of alcohol in the workplace is prohibited, except when those who are 18 years of age or older are participating in a company-sponsored or work-related event. • Where alcohol is to be consumed at a company-sponsored or work-related function, the company promotes the following guidelines: o Ensure there are light and non-alcoholic drinks available; o Offer plenty of good solid food such as fruit, vegetables with dips, bread, cheese board, hot savouries & seafood. This slows down the effects of alcohol; o Ensure there is enough food to last to the end of the function; o Keep chips, nuts and other salty foods to a minimum as they increase thirst; o Set a reasonable finishing time to avoid excessive drinking; o Limit the amount of alcohol that is available to a reasonable amount per person; o Ensure those who drink excessively and display inappropriate behaviour are advised that this is not acceptable and that the proper procedure for breaches of this policy are followed; o Ensure alcohol is not consumed by employees, contractors or subcontractors who are required to return to their duties following a social activity that includes alcohol; o A proper liquor license must be in force with a licensed manager on duty on premises at all times. • Employees are personally responsible for their behaviour and conduct. SUMMARY OF CONSUMPTION OF ALCOHOL PROHIBITION: Consent Scenarios Potential Consequences During working hours or while at work Strictly Prohibited Zero Tolerance - While operating company equipment (any level of Could lead to disciplinary action including - While on a CCANZ site alcohol) dismissal Personal Responsibility Applies - Training, Product Sampling CCANZ Code of Conduct applies, breaches Acceptable - As a requirement of your role description could result in disciplinary action (within - Authorised Research & Development responsible legal - Authorised staff functions offsite or entertaining NZ law applies to driving offences. CCANZ limits) whilst representing the company* Motor Vehicle policy applies to driving while * Must not intend to return to the workplace over the legal alcohol limit and may result in prosecution and dismissal. After working hours, during personal time Personal Responsibility Applies Acceptable CCANZ Code of Conduct applies to work - Driving company vehicle (within related events. - Authorised staff functions offsite or entertaining responsible legal whilst representing the company* limits) NZ law applies to driving offences. CCANZ * Must not intend to return to the workplace Motor Vehicle policy applies to driving while over the legal alcohol limit and may result in prosecution and dismissal. Author: Human Resources Approved by: GMHR Date: January 2015 Page 4 of 13
5. DRUGS • Any of the following actions constitutes a breach of this Policy and may subject an employee to disciplinary action including immediate termination: • Using, selling, purchasing, transferring, possessing, manufacturing, or storing an illegal drug or drug paraphernalia, or attempting or assisting another to do so, while in the course of employment or engaged in a company related or sponsored activity, on premises, in owned, leased, or rented vehicles, or on business or during working hours; • Working or reporting to work, conducting company business or being in the workplace while under the influence of an illegal drug, alcohol or in an impaired condition. • Whilst this Policy focuses on the abuse of illicit drugs and alcohol, employees need to be aware that taking or failing to take, certain types of prescribed medicine may also affect the safety of themselves and others. If the employee is aware potential side effects from prescribed medicines could occur then they are required to make their manager aware of these. • The company recognises that people may have legitimate medical reasons for taking some drugs, specifically where a medical practitioner has prescribed lawful drugs for medical purposes or where the drug is lawfully available at pharmacies (with or without a prescription) and is required for medical purposes (referred to in this policy as ‘prescription and pharmacy drugs’). • If the company suspects that an individual’s ability to efficiently and safely perform their duties is affected by prescription or pharmacy drugs, the company may take steps to address the issue in accordance with this policy. DRUGS & COMPANY VEHICLES/MACHINERY • Where individuals are taking prescription or pharmacy drugs that contain a warning that the person should not drive a vehicle or operate machinery, that individual must not drive a Company vehicle or operate machinery. • Further, if individuals taking prescription or pharmacy drugs feel their ability to safely drive a vehicle or operate machinery is affected, they must not drive a Company vehicle or operate machinery and must notify their manager of the situation. DRUG & ALCOHOL TESTING Drug and Alcohol testing may be conducted as part of the investigation and disciplinary process in the following situations; • After an incident or accident occurs where either the person’s actions may have contributed or their behaviour/conduct was observed as potentially indicating drug and/or alcohol use and where no other reasonable explanation is provided. • With reasonable cause… o If an employee’s behaviour/conduct is symptomatic of impairment and where no other reasonable explanation is provided, or o Where there is reasonable belief that consumption is occurring during working hours. Author: Human Resources Approved by: GMHR Date: January 2015 Page 5 of 13
Testing must be initiated in consultation with the Safety & Wellbeing Manager post- accident/incident and with a P&P Consultant for reasonable cause situations. Please refer to attachment 1 for the CCANZ Drug & Alcohol Testing procedure and attachment 2 for Drug and Alcohol Positive Test Cut-off Limits. All testing for drugs will be conducted in accordance with the current AU/NZS 4308 standard or any updates. If an employee unreasonably refuses to undertake a Drug or Alcohol test when an accident/incident has occurred and/or there is reasonable cause to suspect that Drugs or Alcohol maybe a factor or concern it would be treated as serious misconduct and may result in disciplinary action up to and including dismissal. REHABILITATION Rehabilitation, through EAP (Employee Assistance Programme), is available for employees who voluntarily seek assistance for a drug or alcohol problem. A rehabilitation programme will also be available for employees who have the successful participation in the Drug or Alcohol rehabilitation programme as a condition of their ongoing employment with CCANZ. Employees who are part of this programme may have random Drug or Alcohol testing form a part of their rehabilitation. The programme consists of an initial assessment and three sessions with a Drug & Alcohol Addiction Counsellor. Additional sessions will be provided on a case by case basis as required. 6. FAILURE TO COMPLY WITH POLICY • The consequences for employee safety of failing to abide by this Policy can be extreme, both for the employee and others (this includes refusing to undertake a drug or alcohol test if requested). Failure to comply with this Policy may result in action up to, and including dismissal. • If any individual covered under this policy is deemed to be intoxicated, inebriated or unduly under the influence of alcohol and/or drugs or in possession of illegal drugs while at any company workplace or situation where employees or other parties may be working for or representing the company, disciplinary action may be taken, up to and including dismissal. • If any individual covered under this policy is caught and/or convicted of driving under the influence of drugs and/or alcohol, while driving a company vehicle disciplinary action may include dismissal in accordance with the Motor Vehicle Policy. • The company will not bear any costs associated with drink driving offences, regardless of whether the incident leading to the conviction arose during the course of company business. • The company reserves the right to send the employee home on sick leave if the employee appears to be unfit to work for any reason, in the opinion of the employee’s immediate manager for health and safety reasons until a proper investigation can be undertaken. Author: Human Resources Approved by: GMHR Date: January 2015 Page 6 of 13
7. NEW EMPLOYEES • All new employees must be introduced to this policy through their induction process. The new employee’s immediate manager, supported by the HR Team is responsible for this. • An acknowledgment form (as attached) must be signed by the new employee in all cases. • Certain roles within the company require individuals to be of legal drinking age. These roles may include duties such as the sale, sampling, manufacture, supply, promotion or delivery of alcohol related products. 8. CONTRACTORS • Managers with accountability for supervising the work of contractors and subcontractors must ensure they understand and comply with this Policy during the induction process. • An acknowledgment form (as attached) must be signed by the new contractor in all cases. 9. LEGAL COMPLIANCE Compliant with relevant legislation and Industrial Standards, as well as current and developing Company practices reviewed as part of the Company’s external audit programme. INDUSTRIAL STANDARDS • AS/NZS 4308: 2008 Procedures for specimen collection and the detection and quantitation of drugs of abuse in urine. RELEVANT LEGISLATION • Health and Safety in Employment Act 1992 • Health and Safety in Employment Amendment Act 2002 • Health and Safety in Employment Regulations 1995 • Health and Safety in Employment (Prescribed Matters) Regulations 2002 • Injury Prevention, Rehabilitation Compensation Act 2001 • Land Transport Act 1998 • Land Transport Amendment Act 2005 • The Alcoholism and Drug Addiction Act 1966 • Sale of Liquor Act 1989 • Misuse of Drugs Act 1975 and amendments • Privacy Act 1993 • Human Rights Act 1993 • Bill of Rights Act 1990 10. BREACH OF POLICY • A breach of the Drug & Alcohol Policy constitutes serious misconduct and will be dealt with according to CCANZ’s General Conditions of Employment Policy. • Breaches of this Policy must be raised with the employee’s Direct Manager. Any recurrence must be referred to your Immediate Manager, and the relevant HR Consultant. Author: Human Resources Approved by: GMHR Date: January 2015 Page 7 of 13
• All employees will be given a right of reply in a fact finding scenario prior to any disciplinary action being taken. 11. OTHER RELEVANT POLICIES • House Rules • Code of Conduct • Vehicle Policy 12. POLICY VARIATION Coca-Cola Amatil (NZ) reserves the right to amend or alter this policy at any time. 13. ATTACHMENTS 1. CCANZ Drug & Alcohol Testing Procedure 2. Drug and Alcohol Positive Test Cut-off Limits 3. Procedure for Post-Accident or Incident Testing 4. Procedure for Reasonable Cause Testing 5. Form A – Manager/Supervisor Checklist 6. Form B – Reasonable Cause Testing 7. Form C – Post Accident/Incident Testing 8. Drug & Alcohol Policy - Acknowledgment Form 9. FAQs Author: Human Resources Approved by: GMHR Date: January 2015 Page 8 of 13
1. CCANZ DRUG & ALCOHOL TESTING PROCEDURE The flowchart below provides a summary of CCANZ’s Drug & Alcohol Testing procedures; No End Employee involved in Conduct Sufficient cause to Undertake Post Accident or Yes Yes Accident/Incident? Investigation conduct D&A test? Incident D&A Test No Follow CCANZ Employee’s actions and/or Undertake Conduct Serious behaviour suggest D&A use and/ Yes Reasonable Positive Result? Yes Investigation Misconduct or impacting on work? Cause D&A test Procedure No Manager/Supervisor fully investigates EAP/Safety/ other issues No Employee returns to work with no loss of earnings Employee undertakes Employee volunteers to join Yes Voluntary Rehabilitation End Voluntary Rehabilitation Program Program No End Author: Human Resources Approved by: GMHR Date: January 2015 Page 9 of 13
2. DRUG AND ALCOHOL POSITIVE TEST CUT-OFF LIMITS Alcohol Tests Onsite: For the test to be positive there must be a level of alcohol on the employee’s system higher than 100mg/per litre of breath. Conducted by Police: Will adhere to NZ Land Transport levels. Drug Tests Cut-off level Compound (µg/L)** Morphine 300 Codeine 300 6-Acetylmorphine* 10 Amphetamine 150 Methylamphetamine 150 Methylenedioxymethylamphetamine 150 Methlenedioxyamphetamine 150 Benzylpiperazine* 500 Ephedrine* 500 Phentermine* 500 Pseudoephedrine* 500 11-nor-delta-9-tetrahydroccannabinol-9-carboxylic acid 15 Benzoylecgonine 150 Ecgonine methyl ester 150 Oxazepam 200 Temazepam 200 Diazepam 200 Noriazepam 200 -hydroxy-alprazolam 100 7-amino-clonazepam 100 7-amino-flunitrazepam 100 7-amino-nitrazepam 100 * These drugs may be optionally tested within each class and the specified cut-off levels shall apply. ** Cut-off levels may change with any future updates of AS/NZS 4308:2008. Examples of illicit drugs (with street names) that may return positive test results include; • Cannabis: marijuana, pot, hash, dope, dak, weed • Hash oil • Methamphetamine: P, speed, ice, yaba • MDMA: Ecstasy, E • Heroin • Cocaine • LSD NB: this list is not exhaustive. Author: Human Resources Approved by: GMHR Date: January 2015 Page 10 of 13
3. PROCEDURE FOR POST ACCIDENT OR INCIDENT TESTING Accident or Near Miss Occurs Sufficient cause? No Yes Complete Form C – Post Accident/ Incident Testing Sign off from manager/supervisor and No End S&W manager? Yes Inform Employee of Emergency situation Accompany requirement to Injury prevents where not practicable to Yes employee at all Yes undergo test prior to immediate testing? test? times return to work (if applicable) No Follow up in writing Offer employee copy of D&A No testing policy Offer employee opportunity for support person to be present Explain; - Policy - Testing procedure - Result of refusing to undertake a test Accompany employee at all times Arrange for test to be undertaken Follow CCANZ Serious Employee Misconduct Procedure for Yes refuses test? failure to follow a reasonable request No Suitably qualified person tests employee Manager/Supervisor fully Positive Employee returns to work No investigates EAP/Safety/ End Result? with no loss of earnings other issues Yes 2nd/confirmation test conducted No Positive Result? Alcohol Yes Drugs Yes Remove employee Employee suspended on pay from site. Provide pending results of confirmation transport drug test Follow CCANZ Serious Author: Human Resources Misconduct Procedure Approved by: GMHR Date: January 2015 Page 11 of 13
4. PROCEDURE FOR REASONABLE CAUSE TESTING Employee’s conduct/ behaviour suggests that Complete Form B – Reasonable drugs and alcohol are Cause Testing being used and/or impacting on work Sign off from manager/supervisor and No End P&P consultant? Yes Offer employee copy of D&A testing policy Offer employee opportunity for support person to be present Explain; - Policy - Testing procedure - Result of refusing to undertake a test Accompany employee at all times Arrange for test to be undertaken Follow CCANZ Serious Misconduct Employee Yes Procedure for failure to follow a refuses test? reasonable request No Suitably qualified person tests employee Manager/Supervisor Employee returns to Positive No fully investigates EAP/ work with no loss of End Result? Safety/other issues earnings Yes 2nd/confirmation test conducted No Yes Positive Result? Alcohol Yes Drugs Yes Remove employee Employee suspended on pay from site. Provide pending results of confirmation transport drug test Author: Human Resources Follow CCANZ Serious Approved by: GMHR Misconduct Procedure Date: January 2015 Page 12 of 13
9. FAQ’s Why do we need a Drug and Alcohol Policy? CCANZ is committed to ensuring a safe workplace for all. We seek to make every reasonable effort to minimise the risks to the safety and well-being of our employees, contractors or visitors in our workplaces. Drugs and alcohol can have a significant impact on the occurrence of injury and ’near misses’ in the workplace, as well as negatively affecting employee productivity. The purpose of this policy is to prevent the risk factors associated with the use of drugs and alcohol, thereby significantly reducing the risk of injury to the user, as well as others. CCANZ believe that alcoholic beverages should be consumed responsibly. Because we operate in the non- alcoholic and alcoholic beverage industry, it is important that everyone understands the liability and consequences of any incidents that involve unseemly, life threatening, illegal, or other careless or dangerous behaviour/acts while under the influence of drugs and or alcohol. CCANZ is committed to providing a work environment promoting healthy and safe workplaces where all employees, contractors or subcontractors are fit to perform their duties. The use of and/or consumption of drugs and alcohol that has an impact on (or the potential to have an impact on) an individuals or others safety, health and productivity will not be tolerated by CCANZ. What does ‘dry site’ mean? The unauthorised consumption, sale or supply of alcohol by employees, contractors or subcontractors while at work, on a CCANZ site or while travelling in a Company vehicle at any time is also strictly prohibited unless this is an express and authorised requirement of your role description such as entertaining customers, sampling or research & development. What are the travel arrangements when I go to a staff event or entertain customers? In certain circumstances where an employee consumes alcohol while on authorised Company business, or at authorised Company functions CCANZ will provide alternative methods of transportation such as Taxi Chits or reimbursement of travel. This must be authorised by your manager in advance. For all other instances it is the employees personal and financial responsibility to ensure they arrive home safely without breaching this policy and New Zealand law. Can I drink alcohol in my personal time if I am driving a company vehicle? For all other times outside of working hours where individuals enjoy personal usage of company vehicles, it is the employees personal and financial responsibility to ensure they arrive home safely without breaching this policy and New Zealand law. I take doctor prescribed medication – will I be in breach of this policy? Those who are taking prescription or pharmacy drugs for medical purposes will not breach this policy by attending work. However, prescription and pharmacy drugs much be taken in accordance with the instructions of their medical practitioner and normal directions applying to the use of those drugs to ensure a safe work environment. Prescription and pharmacy drugs must not be misused or abused under this policy. People are responsible for informing themselves of the impact of consumption of alcohol on prescription and pharmacy drugs and ensuring they limit consumption accordingly. It is also each individual’s responsibility when taking prescription and pharmacy drugs to check with their medical practitioner about the effect of the drug on their ability to drive vehicles, operate machinery and safely perform their normal work duties. If ability to perform work safely is affected, he or she should obtain this advice in writing from their medical practitioner and provide it to his/her Immediate Manager or the Safety and Wellbeing Manager as soon as practicable. Author: Human Resources Approved by: GMHR Date: January 2015 Page 13 of 13
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