The Company is committed to ensuring the health, safety and welfare of all employees at work and has recognised the need to ensure that all persons are fit to be engaged in activities at the workplace.
Physical and psychological conditions such as fatigue, grief, stress and illness, as well as drugs and alcohol can all result in reduced fitness for duty.
This procedure ensures:
Ensure that all parties are aware of their duty of care obligations; and
A reduction in individual and organisational exposure to the potentially harmful consequences of conditions or substances which diminish fitness for duty.
This policy applies to all employees of Hutchinson Builders and all subcontractors and Employees of Sub-contractors performing work for Hutchinson Builders.
PROCEDURE
Hutchinson Builders and subcontracted personnel are to comply with the relevant provisions of the following procedural requirements and legislative references. The typical hazards addressed by this procedure include:
Employee Obligations
Employees and Sub-contractors of Hutchinson Builders are obliged, as a condition of their employment, to present to work in a fit state so that in carrying out normal work activities they do not:
Subject themselves, their co-workers, contractors or the general public to unnecessary health and safety risks; Inhibit their ability to fulfil the requirements of their position;
Inhibit the ability of their co-workers to fulfil the requirements of their positions.
Employees are not permitted to commence duty when it is reasonable to assume that the employee: Is exhibiting signs of being intoxicated
Is under the influence of any illegal or prohibited drug; or
Is in any other condition (physical, psychological, mental or emotional) which may reasonably be considered to endanger the health and safety of the employee and/or other persons on site.
In addition, each employee has an obligation to ensure that any medication taken is done so according to instructions from the Doctor, Pharmacist or information included in or on the packaging of such medication. In accordance with this, employees are required to notify and record at site, the use of any medication that could impair their ability to perform tasks.
Where medication advice is that it may cause drowsiness or diminish the employee’s fitness for work, this shall be discussed with a Supervisor/Manager. The Supervisor/Manager will then assess whether the employee is fit to perform their normal duties, not fit for duty or, where applicable, may consider suitable alternative duties prior to the start of work.
Employees are obligated to take action (where applicable) to resolve their own alcohol and/or other drug related problems. Where appropriate, Hutchinson Builders will assist in this matter.
Further, persons who have reason to believe that another person on the site may not be fit for duty, either by being under the influence of alcohol or drugs or due to some other physical or psychological impairment should immediately notify the site manager.
Employees are also expected to participate in training and education associated with the communication and implementation of this policy.
All drug and alcohol testing will be carried out in accordance with the applicable legislation and site specific systems, standards, and policies.
Fitness for Duty- Medical Examinations
Hutchinson Builders does not currently require a medical examination prior to employment for all employees.
Employees may be required to undergo a medical examination prior to commencement of employment to assess fitness for work. Each employee will be required to complete a new starter pack which details specific Health and Safety background questions. If an identified health and safety issue is identified a medical exam may be required to assist in developing suitable duties for the worker throughout the course of employment.
Employees may also be required to complete a medical exam in accordance with relevant health and safety legislation or client requirements.
Fitness for Duty – Alcohol
Managers should be prepared to manage situations where alcohol use renders an employee not fit to perform normal duties or remain in the workplace.
The use of alcohol on site is prohibited and will not be tolerated by Hutchinson Builders. Hutchinson Builders has a zero tolerance level for alcohol.
In cases where an act or an omission by a person may have been a contributing factor to an accident, the person may be required to have their BAC tested.
All alcohol testing will be carried out randomly by a third party. Where the client requires BAC testing on site Hutchinson Builders staff will be adequately trained in the administration of all testing.
a) All testing devices will comply with Australian Standard 3547:2000 Breath Alcohol Testing Devices for Personal Use.
b) All equipment will be calibrated as per the manufacturer’s recommendations.
If a person is found to have a positive BAC reading, then they shall be managed in accordance with the Company disciplinary procedure.
Furthermore, alcohol dependency is recognised as a treatable medical condition and Hutchinson Builders encourages those employees who may be affected to seek assistance from appropriate organisations or support groups.
Fitness for Duty – Drugs
Managers should be prepared to manage situations where the use of drugs renders an employee not fit to perform normal duties or remain in the workplace.
The use and/or possession of illegal or prohibited drugs on site are strictly not allowed.
A person may be declared not fit for duty if they are found to have any drug concentration in their body. It is recognised that employees may be required to take medication as prescribed by a Doctor or obtained over
the counter from a Pharmacist. Some of these medications still have the ability to cause impairment and reduce a person’s fitness for duty. As such, the onus is on the employee to ensure that these medications are taken as prescribed or directed by a Doctor and/or Pharmacist and that the relevant Site Manager is notified. In cases where an act or an omission by a person may have been a contributing factor to an accident, the
person may be required to be drug tested.
Where applicable, any drug testing will be carried out by a third party or suitably trained internal employee. If a person is found to be under the influence of illegal or prohibited drugs, then they shall be managed in
Fitness for Duty – Fatigue
It is recognised that a person can cause harm to themselves or others due to fatigue. Fatigue will be managed in accordance with Fatigue Management Protocols.
All employees will receive training on the effects of and recognition of fatigue and how to manage the impacts of shift work on lifestyle and non-work activities.
If an employee believes that they are suffering from fatigue and could be placing themselves or others at risk, they shall immediately report this to their Supervisor.
If an employee believes that one of their co-workers may be suffering from fatigue, they shall immediately report this to their Supervisor.
The Site Manager or Safety Manager shall conduct an Assessment of Fatigue. If it is found that the employee is suffering fatigue, steps will then be taken to manage the risk to an acceptable level.
Management have a general duty to manage the risk of the potential onset of fatigue or illness. Control measure may include (but is not limited to):
a) Job rotation;
b) Ad-hoc rest breaks (as required); c) Proper management of crib breaks; d) Education on fatigue management; and e) Allocation to alternate duties (as required).
When deciding on control measures for managing fatigue the hierarchy of controls will be followed in accordance with Risk Management practices and as outlined in MP:10 Risk Management. The hierarchy of control ensure that control measures are implemented from most effective to least effective;
a) Eliminate b) Substitute c) Isolate d) Engineering e) Administration
f) Personal Protective Equipment
Fitness for Duty – Physical and Psychological Impairment
It is recognised that a person can cause harm to themselves or others due to physical or psychological impairment. All employees receive training on the effects of and recognition of physical and psychological impairment.
Where an employee is suspected of suffering from a physical or psychological problem that may cause harm or problems to others, the following shall occur:
If an employee believes that they are suffering from a physical or psychological impairment that could place themselves or others at risk, they shall immediately report this to their Manager.
If an employee believes that one of their co-workers may be suffering from a physical or psychological impairment, they shall immediately report this to their Supervisor.
The employee shall undergo a compulsory assessment performed by a qualified medical practitioner.
If an employee is assessed to be suffering from a physical or psychological impairment, they will be provided with support and encouraged to use the Employee Assistance Program (EAP) (detailed in MP:08 Incident/Accident Investigation & Reporting)
Management have a general duty to manage the risk due to physical or psychological impairment. In particular, Managers and Supervisors should be prepared to manage situations where grief, stress or some other psychological disturbance renders an employee not fit for duty. If the situation arises that an employee expresses or shows signs of grief or overwhelming stress, Management should be prepared to offer assistance
to the employee (where possible) in the form of transportation home, leave referral to the EAP or alternative rostering arrangements.
Not Fit for Duty
When it is evident or reported that an employee is identified as not being in a fit state to carry out their normal duties, Hutchinson Builders reserves the right to remove the employee from the work site and to seek advice from a medical practitioner on the employee’s fitness for duty. In particular, Supervisors should follow the following procedure:
Assess the situation to determine whether prescribed or over the counter medication may be producing their behaviour;
Assess the impact of work duties that may contribute to increased levels of stress and/or fatigue;
Obtain advice from specialist H&S personnel, Senior Management and/or a medical practitioner, as required; Inform employee they will be stood down from work pending a full investigation, if necessary;
Arrange for testing of alcohol and/or other drugs, if appropriate; Arrange suitable transport home, where necessary;
Advise affected employee of their option to access the EAP;
Where practicable, obtain witness statement of any incidents involving the affected employee; and Submit an incident report.
Employees will not be able to return to work until they can show with suitable medication certification or through an assessment that they are fit for duty.
With regard to Alcohol and Drugs, the following additional procedures shall apply: Step 1
Should any employee obtain a non-negative test result, the following shall occur: Employee to be transported safely off site
On return to work, the employee will be required to attend a meeting with his/her senior company representative and employee representative (if applicable)
Notes from the meeting will be recorded on the employee’s personnel file
Employee to receive refresher training on Fitness for Work requirements and responsibilities.
If the worker is a subcontractor copies of any records will be sent with a notification of the first breach Step 2
Should any employee test non-negative on a second occasion within a two year period, the following shall occur:
Formal Written Warning which will be kept on file and a copy given to the worker and their respective employer
As above, but also strongly encourage the employee to attend counselling through the EAP. Step 3
In the event of a third non-negative test within a two year period, the employee will be required to undergo rehabilitation at a recognised clinic or hospital. The employer of the worker will be notified and a letter formal removing the worker from site will be signed by all parties.
Special circumstances may allow the worker to return to normal duties once he/she can demonstrate (through way of written documentation from a clinic or hospital) that the dependency is under control and that the impairment will no longer impact on their ability to be Fit for Duty.
Further Action
Unlawful, inappropriate and irresponsible use of alcohol and other drugs can have a negative impact on judgement, response capabilities, work performance, health, safety and person relationships. Affected persons can cause injury
to themselves or others, damage to property and equipment and adversely affect the rights, comfort and enjoyment of others.
As such, Hutchinson Builders reserves the right to implement disciplinary action against any employee who is expected of being affected by illegal drugs, prescription drugs and/or alcohol to the extent that they have breached this policy and/or that their work performance may be impaired. The disciplinary process listed above will be followed for breaches of the fitness for work policy:
The extent of the disciplinary action will be dependent on the circumstances of the situation. Instant dismissal or any other lawful or legitimate action Hutchinson Builders deems fit under the circumstances. The following factors should be examined when considering taking disciplinary action against an employee who is allegedly impaired by drugs and/or alcohol:
Physical and mental state of the employee;
Possibility of anger, aggression and/or violence being directed to other employees; Whether the employee was claiming to be fit for duty or not;
History of the employee including any previous disciplinary action and current medical treatment; Other evidence and witnesses available which would support the proposed disciplinary action.
In particular, severe and/or repeated breaches of this policy, as well as failure and/or refusal to commence or continue an appropriate course of treatment or rehabilitation may result in the termination of the employee’s employment.
The possession, consumption, distribution and sale of illegal drugs in the workplace must be referred to the police. Monthly records will be kept, detailing the number of workers tested and the breakdown of the number of positive tests for each drug class and alcohol, where applicable.
Overview of Responsibilities
Employees, contractors and visitors are required to comply with this policy. This includes ensuring that they are fit for duty and do not possess, sell, store or distribute alcohol or drugs while they are on site.
Awareness and Training
Fitness for Duty education and awareness training will be conducted with all employees, contractors and visitors at safety inductions and employees will be refreshed at a minimum of three (3) years. This training may cover:
What constitutes harmful drug and alcohol use and appropriate ways of dealing with it; Negative effects of drug and alcohol use on health, safety and work performance; Company’s legal stance and policy in relation to drug and alcohol use and testing; Consequences for employees or persons who fail to comply with this policy;
Skills for Managers, Supervisors and Safety Officers in identifying conditions that may diminish fitness for duty; Procedures for managing incidences (or suspected incidences) of diminished fitness for duty and associated
issues;
Who to approach for assistance and
Counselling, treatment and rehabilitation services available both in the workplace and externally.
In addition, this policy should be well publicised at site with a copy to be provided to all new starters on commencement. Additional copies can also be obtained on request.
Regular consultation by relevant site safety personnel will take place to review and monitor this policy for compliance and relevance moving forward.
Other
Wherever possible and in accordance with the provisions of the law, all matters relating to fitness for duty (including any associated meetings, correspondence, testing, results and/or appointments) will be kept strictly confidential.