Common use of Alcohol and Drugs and other Policies Clause in Contracts

Alcohol and Drugs and other Policies. (a) The drug and alcohol policy contained in Schedule 2 shall apply. (b) All agreed, existing Employer and/or client policies will continue to apply. (c) Employees shall be trained and inducted in any drug and alcohol policies that apply to them. Failure to do so shall mean that such policy cannot be used against them. (d) Notwithstanding the above, the following Drug and Alcohol principles shall apply: (i) Where practicable, self testing shall be available for both drugs and alcohol. (ii) Drug testing may be undertaken by oral fluid testing. The equipment used to perform the test shall be used, tested and calibrated to the manufacturer's instructions and certified to AS 4760 (Processes for specimen collection and the detection and quantitation of drug in oral fluid). In the event drug testing utilises other than oral fluid testing, the type of test must be one that establishes that that the Employee has recently used (within 48 hours) drugs and is impaired in relation to the performance of their role. (iii) Alcohol testing may only be done by use of an Accredited Breath Test device. The device must be calibrated and meet the minimum requirements of AS3547. (iv) Drug and Alcohol testing shall not be used to unfairly target Employees. (e) Any disputes in relation to, or in connection with Drug and Alcohol policies, testing and/or principles, are within the scope of, and shall be dealt with via, the dispute resolution procedure. (f) MEDICAL EXAMINATIONS: (i) In order to ensure the safety of existing Employees, who will be working alongside new Employees, the Employer seeks to be able to perform pre- employment medical examinations for prospective Employees. This can be done, subject to compliance with this clause. (ii) Pre-employment (A) Pre-employment medical examinations may be conducted as part of the selection process to ensure that prospective Employees are able to perform the inherent requirements of the particular position. (B) The examination must be limited to only those matters that are necessary in order to determine whether the prospective Employee is able to perform the inherent requirements of the position. (C) The Employer nominated doctor shall perform the examination. In the event that there is a concern about the independence of the doctor, the doctor shall be a doctor agreed to between the Employer and the patient or their nominated representative. (D) Costs of examination(s) will be borne by the Employer. (E) The results and any notes or reports relating to the examination, will be provided to the patient. Failure to do so will render the examination invalid. (F) Subject to the consent of the prospective Employee, the results of this examination may be forwarded to the Employer. The Employer shall ensure that it only receives what is necessary in order to determine whether the prospective Employee is able to perform the inherent requirements of the position.

Appears in 24 contracts

Samples: Greenfields Agreement, Enterprise Agreement, Enterprise Agreement

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Alcohol and Drugs and other Policies. (a) The drug and alcohol policy contained in Schedule 2 shall apply. (b) All agreed, existing Employer and/or client policies will continue to apply. (c) Employees shall be trained and inducted in any drug and alcohol policies that apply to them. Failure to do so shall mean that such policy cannot be used against them. (d) Notwithstanding the above, the following Drug and Alcohol principles shall apply: (i) Where practicable, self testing shall be available for both drugs and alcohol. (ii) Drug testing may be undertaken by oral fluid testing. The equipment used to perform the test shall be used, tested and calibrated to the manufacturer's instructions and certified to AS 4760 (Processes for specimen collection and the detection and quantitation of drug in oral fluid). In the event drug testing utilises other than oral fluid testing, the type of test must be one that establishes that that the Employee employee has recently used (within 48 hours) drugs and is impaired in relation to the performance of their role. (iii) Alcohol testing may only be done by use of an Accredited Breath Test device. The device must be calibrated and meet the minimum requirements of AS3547. (iv) Drug and Alcohol testing shall not be used to unfairly target Employeesemployees. (e) Any disputes in relation to, or in connection with Drug and Alcohol policies, testing and/or principles, are within the scope of, and shall be dealt with via, the dispute resolution procedure. (f) MEDICAL EXAMINATIONS: (i) In order to ensure the safety of existing Employeesemployees, who will be working alongside new Employeesemployees, the Employer seeks to be able to perform pre- employment medical examinations for prospective Employeesemployees. This can be done, subject to compliance with this clause. (ii) Pre-employment (A) Pre-employment medical examinations may be conducted as part of the selection process to ensure that prospective Employees employees are able to perform the inherent requirements of the particular position. (B) The examination must be limited to only those matters that are necessary in order to determine whether the prospective Employee employee is able to perform the inherent requirements of the position. (C) The Employer nominated doctor shall perform the examination. In the event that there is a concern about the independence of the doctor, the doctor shall be a doctor agreed to between the Employer and the patient or their nominated representative. (D) Costs of examination(s) will be borne by the Employer. (E) The results and any notes or reports relating to the examination, will be provided to the patient. Failure to do so will render the examination invalid. (F) Subject to the consent of the prospective Employeeemployee, the results of this examination may be forwarded to the Employer. The Employer shall ensure that it only receives what is necessary in order to determine whether the prospective Employee employee is able to perform the inherent requirements of the position.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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Alcohol and Drugs and other Policies. (a) The drug and alcohol policy contained in Schedule 2 shall apply. (b) All agreed, existing Employer and/or client policies will continue to apply. (c) Employees shall be trained and inducted in any drug and alcohol policies that apply to them. Failure to do so shall mean that such policy cannot be used against them. (d) Notwithstanding the above, the following Drug and Alcohol principles shall apply: (i) Where practicable, self testing shall be available for both drugs and alcohol. (ii) Drug testing may be undertaken by oral fluid testing. The equipment used to perform the test shall be used, tested and calibrated to the manufacturer's instructions and certified to AS 4760 (Processes for specimen collection and the detection and quantitation of drug in oral fluid). In the event drug testing utilises other than oral fluid testing, the type of test must be one that establishes that that the Employee has recently used (within 48 hours) drugs and is impaired in relation to the performance of their role. (iii) Alcohol testing may only be done by use of an Accredited Breath Test device. The device must be calibrated and meet the minimum requirements of AS3547. (iv) Drug and Alcohol testing shall not be used to unfairly target Employees. (e) Any disputes in relation to, or in connection with Drug and Alcohol policies, testing and/or principles, are within the scope of, and shall be dealt with via, the dispute resolution procedure. (f) MEDICAL EXAMINATIONS: (i) In order to ensure the safety of existing Employees, who will be working alongside new Employees, the Employer seeks to be able to perform pre- employment medical examinations for prospective Employees. This can be done, subject to compliance with this clause. (ii) Pre-employment (A) Pre-employment medical examinations may be conducted as part of the selection process to ensure that prospective Employees are able to perform the inherent requirements of the particular position. (B) The examination must be limited to only those matters that are necessary in order to determine whether the prospective Employee is able to perform the inherent requirements of the position. (C) The Employer nominated doctor shall perform the examination. In the event that there is a concern about the independence of the doctor, the doctor shall be a doctor agreed to between the Employer and the patient or their nominated representative. (DA) Costs of examination(s) will be borne by the Employer. (EB) The results and any notes or reports relating to the examination, will be provided to the patient. Failure to do so will render the examination invalid. (FC) Subject to the consent of the prospective Employee, the results of this examination may be forwarded to the Employer. The Employer shall ensure that it only receives what is necessary in order to determine whether the prospective Employee is able to perform the inherent requirements of the position.

Appears in 1 contract

Samples: Enterprise Agreement

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