Kia ora
Would anyone be willing to share their experiences and info around AOD processes, particularly relating to sub-contractors? We manage some sub-contracts for work activities around the south island - pest and predator control. We are reviewing our AOD policy and clarifying what we are requiring (employees and contractors). I know whatever we decide our policy is, that we have to strictly follow it to avoid possible appeal.
I'm considering removing random testing and have it on reasonable cause (suspected impairment, post incident) and also follow up testing. And the PCBU should require pre-employment testing. I'm also clarifying how it should happen and the relation between our AOD policy and the PCBU's AOD policy for our sub-contractors:
- Testing, saliva initially - non negative goes for formal lab analysis while contractor is stood down from site. Consent and privacy - who takes responsibility for consent?
- Results, non negative result - PCBU manages with contracted worker, requirement for a negative retest before returning, and follow up testing in 2 months, results provided to us?
- PCBU policy - their misconduct policy should kick in. What, if any, influence can we have over that; what is reasonable to request after a non negative before we would allow them back on a project site? -
I know there's a few questions there so appreciate your thoughts, regards!
@SusiR effectively this is a legal and HR minefield and specialised assistance should be sought.
There are not many references to AOD in NZ. The only one I have sourced was at the Dairy Women's Network.
Have a look at the webinar section - specifically Managing Risks of Drugs and Alcohol Webinar. This is presented by Graeme Smith of TDDA and while the background is farming, the processes apply across industries.
The information is relevant to the Privacy Act changes that came into effect in December 2020.
Thanks Kevin, that is very helpful I'll take a look at that webinar. I'll also recommend that we have our policy checked by legal or specialists.
Much appreciated - have a safe and well week.