Drugs and alcohol in the workplace
Direction and guidance on the fair and effective management of employees impaired by drugs and alcohol. Addresses the conduct as well as health and wellbeing concerns of employees affected by drugs and alcohol.
Audience
All department employees and contractors.
| Version | Date | Description of changes | Approved by |
|---|---|---|---|
| V01.0.1 | 04/11/24 | Updated to align language with the Public Service Commission Code of Ethics and Conduct. | Relieving Director, Strategy, Governance and Staff Wellbeing |
V01.0.0 |
05/09/2024 |
Under the 2023 Policy and procedure review program, new policy document developed. |
Chief People Officer |
| Ongoing union consultation is occurring and amendments may be made from time to time. |
About the policy
These procedures relate to the Our culture policy.
The department is committed to creating and maintaining, open, supportive and inclusive workplaces where our workforce is respected, supported, included, valued, safe and inspired to bring their whole selves to work by:
- providing a productive and healthy workplace that is free from the influence of alcohol, illegal drugs and illicit drug use.
These procedures should be read in conjunction with the department’s Professional and ethical standards policy, the department's Code of ethics and conduct policy document, and with the NSW Public Service Commission’s Code of Ethics and Conduct for NSW goverment sector employees (PDF 7.5 MB). It should be implemented consistent with the department’s Work health and safety policy to ensure a safe and healthy working and learning environment for employees, students and visitors.
These procedures focus on managing employee impairment in the workplace. However, the inappropriate or illicit use of drugs and alcohol may be a conduct concern as per the Guidelines for the management of conduct and performance. Where an employee's impairment may be a key contributor to misconduct or unsatisfactory performance refer to the Management of conduct and performance where there is an impairment procedures.
The Drugs in schools policy and the Managing drug related incidents procedures (PDF 927 KB) contain information on managing student consumption of drugs and alcohol and should be read in alignment with the Student behaviour policy and the Suspension and expulsion procedures.
The Sharing of school facilities procedures contain information on the consumption of alcohol on school premises by community groups.
| Term | Definition |
|---|---|
Alcohol |
A legal drug, classified as a depressant, that affects the body, including how one thinks, feels and behaves. |
Drugs |
Substances that alter the way the body functions, physically or mentally. They include:
|
Legal drugs |
Drugs that are allowable by law. Some legal drugs are subject to restrictions based on age, location of use, driving and point of sale regulations. |
Illegal drugs |
Drugs forbidden by law, such as cannabis, amphetamines, ecstasy, cocaine and heroin. It is against the law to possess, use, make, import or sell illegal drugs. The penalties for drug offences vary depending on the age of the offender (adult or minor), type of drug, quantities involved, previous offences and the state or territory in which the offence occurred. |
Prescription drugs |
Medicines prescribed by a doctor, also known as pharmaceuticals. Prescribed drugs are safe if used correctly, however, failing to follow instructions or combining them with other medicines, drugs and/or alcohol can be dangerous and can cause both short- and long-term harm. |
Illicit drug use |
Includes:
|
Duty of care |
Having the main responsibility for the health and safety of everyone in the workplace, including visitors. Duty of care is owed when a person conducting a business or undertaking:
|
Employees |
Includes:
|
Impairment |
The alteration of a person’s regular physical or mental function, which results in diminished performance, conduct or ability to perform tasks in a safe and productive manner. |
Reasonable suspicion |
A concern about an employee’s possible drug and/or alcohol use that may affect their ability to perform work safely or risk harming themselves or others. Reasonable suspicion is based on a change in the employee’s appearance and/or behaviour. |
Workplace |
Any public school, department office or approved flexible work location, as well as all work-related events, such as school activities or excursions, business lunches, conferences or the use of departmental vehicles. |
Employees must:
- not be impaired by alcohol, medication or other drugs during work hours, including excursions, camps and other activities where they have a duty of care for students
- not be in possession of illicit drugs in the workplace
- not be in possession of alcohol in the workplace without prior approval from their principal or manager
- not endanger their own or others’ safety by consuming alcohol, illegal drugs, or non-prescribed and/or restricted substances in the workplace
- notify their principal or manager where they become aware their work performance or conduct is, or could be, affected by alcohol, medication or other drugs
- take steps to resolve any alcohol, medication or other drug use that may impact their performance or conduct and/or the reputation of the department
- immediately notify their principal or manager if they observe behaviour by a colleague, student or visitor that suggests they are impaired by alcohol, medication or other drugs
- adhere to the department's Code of ethics and conduct policy document.
Employees who are required to drive government vehicles or a private vehicle during their duties must not:
- do so with a blood alcohol or substance level exceeding the requirements of the Road Transport Act 2013
- be under the influence of any drug that may adversely affect their ability to drive safely.
Principals and managers, when observing an employee who may be impaired by drugs or alcohol, must:
- provide a duty of care to, and ensure the health and safety for all in the workplace, including visitors
- immediately discuss their observations with the employee to determine and take appropriate steps to mitigate risks to health and safety
- arrange for the employee to leave the workplace and safely travel to their home or a medical practitioner/medical facility
- complete the PES Reporting Guide (staff only) or consult the Guidance on Misconduct – Alcohol and illicit drugs (staff only) and consider if a report to Professional and Ethical Standards (PES) is required
- record all incidents involving observed impairment by drugs or alcohol and the actions taken to support the employee
- maintain confidentiality by only discussing issues with those who need to know
- keep any information in a secure location at the worksite.
What needs to be done
The department aims to have a workplace free of illicit drug and alcohol use.
The department is committed to safe, productive and healthy schools and workplaces that support students to learn. The use of drugs (illicit or recreational), and alcohol is not acceptable in the workplace.
Keeping children and young people safe is paramount when managing drug and alcohol issues in the workplace. Staff health and wellbeing are also key considerations.
Staff must:
- not attend the workplace impaired by drugs or alcohol
- ensure the use of any substance does not put themselves, other people or students at risk.
1. Identify workplace health concerns
Principals and managers have a duty of care to employees affected by alcohol or other drugs at work. This includes ensuring a safe working environment for all employees and making objective decisions based on the situation and the information available.
If a principal or manager is unsure if symptoms are a result of drugs or alcohol, it is best to:
- provide first aid
- call 000 for an ambulance immediately.
This should be done if there is even the slightest risk that someone is having an unusual reaction to drugs or alcohol.
The external symptoms of certain medical conditions – such as stroke, heart attack or hypoglycaemia – may be like those of intoxication but require immediate medical attention.
Staff must disclose and address any impairment impacting their conduct or performance due to the use of alcohol, medication or other drugs.
Staff and witnesses should record their observations of an incident of possible employee impairment at work and pass them on in writing, to the staff member’s principal or manager.
Staff who attend work while under the influence of drugs or alcohol may be suffering from poor mental health and wellbeing.
Refer to the resources on Mental health and wellbeing for further information on supporting both your own and staff mental health.
Alcohol, medication or other drug use is a health and safety issue if an employee’s ability to exercise judgment, coordination, motor control or concentration and alertness in the workplace is impaired, leading to increased risk of injury to themselves, others or students.
Indicators of alcohol or other drugs may include:
- a strong smell of alcohol
- slurred or incoherent speech
- unsteadiness on feet
- red, bloodshot or watery eyes
- flushed or ruddy face
- noticeably smaller or larger pupils
- poor or lack of muscle coordination
- aggressive, argumentative, overexcited or agitated behaviour
- inability to follow simple instructions
- drowsiness or sleeping on duty or during breaks
- poor balance and coordination
- loss of inhibitions.
2. Address staff impairment
If a principal or manager reasonably suspects that a staff member is unfit to safely perform their duties due to drug or alcohol use, they must:
- meet with the staff member in a confidential location, and advise them they have a reasonable suspicion they are under the influence of drugs or alcohol – where necessary, invite a support person and/or other member of staff
- discuss their concerns with the staff member and give them an opportunity to provide an explanation about their presentation
- determine if the staff member can provide a reasonable explanation for their presentation and if it is safe for them to remain in the workplace
- inform the staff member if they are unable to provide a reasonable explanation for their presentation, that it is not safe for them to remain at work, and ask them to leave the workplace
- advise the staff member they must obtain medical clearance (confirming that they are not intoxicated or under the influence of drugs) before they can return to work.
If the staff member refuses to cooperate, a principal or manager must:
- isolate the employee or evacuate all surrounding people from the location
- contact NSW Police if the employee displays threatening or violent behaviour
- contact the Incident Report and Support Hotline (refer to Mandatory incident reporting tools (staff only) on 1800 811 523.
3. Secure a safe departure and manage return to work
If it is not safe for staff, under the influence of alcohol or drugs to remain at the workplace, principals and managers must arrange for the employee to leave.
Depending on the circumstances, principals and managers must:
- check on the staff member’s wellbeing
- arrange safe transport
- follow up to check the employee arrived safely at their destination.
If required, obtain medical assistance, such as calling 000 for an ambulance.
Principals may choose to:
- invite the staff member to apply for sick leave
- ask them to provide medical clearance before returning to work.
If staff decline to take sick leave and a principal or manager directs them to leave; pending medical advice, they may be able to apply for special leave. Refer to the employee’s relevant leave requirements under their Award.
4. Contact Professional and Ethical Standards
Attending the workplace under the influence of drugs and alcohol is also a conduct concern.
Once a principal or manager has met with an employee, they must contact Professional and Ethical Standards (PES) as soon as possible to discuss whether a report is required (refer to section 7 for further guidance on PES reports).
To contact PES:
- refer to the PES Reporting Guide (staff only)
- call 02 7814 3722.
PES officers are available from Monday to Friday, 8:30am to 5:00pm.
5. Record the observations
A principal or manager must, where relevant, keep a detailed confidential record of the following events:
- observations of the staff member’s suspected impairment, including the date, time and any other relevant factual information
- meetings held about the incident, actions taken by management and the staff member’s response to these actions
- any reports to other authorities, such as NSW Police.
Witnesses must also write and keep a detailed confidential record of a staff member’s suspected impairment.
6. Manage the return to work and provide ongoing support
After the staff member has returned to the workplace with medical clearance, the principal or manager must:
- discuss the staff member’s return to work and any ongoing health and safety risks
- discuss the staff member’s obligation under the department's Code of ethics and conduct policy document to not attend the workplace impaired by drugs and alcohol, and issue directions as necessary
- work with the staff member when prescription medications cause an impairment and develop a plan to manage such situations
- discuss sick leave, special leave or other leave arrangements the employee is entitled to take
- provide the employee with available resources about the effects of drug and alcohol, including the Employee Assistance Program (staff only)
- advise the employee that disciplinary action may be taken if repeated instances of impairment occur.
- The principal or manager may seek additional support and advice from Health Safety and Staff Wellbeing via the Incident Report and Support Hotline (refer to Mandatory incident reporting tools [staff only]) (1800 811 523) if a health condition requires case management support.
7. Implement disciplinary measures (if needed)
If disciplinary measures are required, principals and managers must report to Professional and Ethical Standards (PES), and possibly NSW Police. This may result in a formal investigation, improvement program or disciplinary processes.
If an investigation is required, and the employee’s impairment is a key contributor to misconduct or unsatisfactory performance, PES may divert an employee to an impairment pathway.
If principals and managers are required to report to (PES), they should:
- use the PES Reporting Guide (staff only) and the resource on Guidance on misconduct (staff only) to learn how and when to submit a report to PES
- obtain incident reports from witnesses and parties involved and retain these records at the school or in the workplace – refer to the PES bulletin on Obtaining witness statements (staff only) for further guidance
- read the PES bulletin on Discussing conduct concerns (staff only) and use the Meeting plan (PDF 192 KB) template to plan and structure a meeting with the employee.
If illicit drugs are found in an employee’s possession at work, the principal or manager must also make a report to NSW Police via the Police Assistance Line 131 444.
A principal or manager may request voluntary information from an employee about any relevant diagnosed illness, condition or injury, including non-work-related illnesses or injuries.
Only permanent, ongoing employees are eligible to be considered for the impairment pathway.
The paramount consideration for PES remains the protection of children and ensuring a safe environment for students at all times.
For more information about the factors considered by PES, read section 6 of the Management of conduct and performance where there is an impairment.
8. Ensure confidentiality
Principals and managers must keep an employee’s use of alcohol, drugs or medication confidential for privacy reasons.
All discussions and documentation relating to these matters must be kept private. Witnesses also have the right to anonymity.
9. Access support
Staff who have concerns about their own alcohol, medication or other drug use that is affecting their work:
- should be encouraged to seek medical advice
- may also discuss their concerns with their principal or manager, who can provide relevant support, if required.
When a staff member voluntarily discloses issues relating to alcohol, medication or other drugs, it is important for principals and managers to provide them support.
This includes:
- Employee Assistance Program (staff only) the department’s free, independent and confidential counselling for staff and their immediate families, to support health and wellbeing in their personal and professional lives
- Being well (staff only) resources, supporting professional and personal needs of employees across the department covering topics on mental health, financial wellbeing, exercise, nutrition, and work/life balance
- the National Alcohol and Other Drug Hotline (1800 250 015), providing free and confidential alcohol and drug advice, as well as referral to services
- The Alcohol and Drug Foundation’s DrugInfo resource, providing information about drugs and alcohol
- Family Drug Support, offering information and support to families of people struggling with drugs and alcohol, including a 24-hour hotline (1300 368 186)
- ReachOut, providing online support for young people, including one-to-one peer advice, online communities, to tips, stories and resources
- Lifeline (13 11 14), providing 24-hour crisis counselling and support, via phone, text and online chat.
Refer to Supporting tools and resources section below.
Record-keeping requirements
All documents relating to employee use of drugs and alcohol in the workplace must be kept confidential and only be disclosed under the provisions of the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW). This ensures that we comply with our obligations under the State Records Act 1998.
Principal and managers must retain confidential records of employee health and safety incidents, including any leave taken, within employee personnel files, for a minimum of 25 years.
Confidential records in relation to investigations into serious wrongdoing are securely retained by PES and under restricted access:
- records regarding child-related misconduct where there is a subsequent investigation must be kept for 100 years
- records concerning general misconduct where there is a subsequent investigation must be kept for 10 years
- records concerning general misconduct where there is no follow-up investigation must be kept for 7 years.
Mandatory tools and templates
Supporting tools, resources and related information
Department resources:
- Employee Assistance Program (staff only) is the department’s free, independent and confidential counselling for staff and their immediate families, to support health and wellbeing in their personal and professional lives.
- Being well (staff only) resources support professional and personal needs of employees across the department covering topics on mental health, financial wellbeing, exercise, nutrition, and work/life balance.
External resources:
- The National Alcohol and Other Drug Hotline (1800 250 015) gives free and confidential alcohol and drug advice as well as referral to services.
- Drug Help from the Australian Government offers information and resources.
- NSW Health’s Centre for Alcohol and Other Drugs provides a suite of resources for the prevention, minimisation and treatment of alcohol and drug related harm.
- Positive Choices provides drug education resources for school communities.
- Al-Anon Family Groups Australia offers support to the family and friends of someone struggling with alcohol.
- Self-Help Addiction Recourse Centre (SHARC) provides professional help and practical support to people affected by a family member’s drug or alcohol use.
- Cracks in the Ice from the Australian Government is an online toolkit providing information and resources about crystal methamphetamine ('ice').
- Counselling Online is a free and confidential service that provides 24/7 support to people affected by alcohol or drug use.
- Drug Info provides information about drugs and alcohol.
- Family Drug Support offers information and support to the families of people struggling with drugs and alcohol, including a 24-hour hotline (1300 368 186).
- ReachOut provides online support for young people, including one-to-one peer advice, online communities, tips, stories and resources.
- Lifeline (13 11 14) provides 24-hour crisis counselling and support, via phone, text, and online chat.
- Professional and ethical standards policy
- Code of ethics and conduct policy document
- Drugs in schools policy
- Managing drug related incidents procedures (PDF 927KB)
- NSW Public Service Commission’s Code of ethics and conduct for NSW Government Sector employees (PDF 7 MB)
- Work Health and Safety Act 2011
- Work Health and Safety Regulation 2017
- Health Records and Information Privacy Act 2002
- Smoke-Free Environment Act 2000
- Public Health (Tobacco) Act 2008
- Work health and safety (WHS) policy
- Guidelines for the management of conduct and performance
- Management of conduct and performance where there is an impairment procedures)
- Sharing of school facilities policy
- Sharing of school facilities procedures
Policy contact
Health, Safety and Staff Wellbeing team
HSSW.StaffWellbeingTeam@det.nsw.edu.au
02 4297 3307
Professional and Ethical Standards team
pes@det.nsw.edu.au
02 7814 3722
The Executive Director, Health, Safety and Staff Wellbeing monitors the implementation of this procedure, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.