Common use of FORMS OF TESTING Clause in Contracts

FORMS OF TESTING. Self-Testing (a) The PC/Employer shall be required to provide sufficient self-testing facilities for alcohol and/or drugs for up to 10% of the workforce; (b) Where self-test facilities are made available voluntary or self-testing for alcohol will be available for Workers prior to presenting for work. A wall mounted breathalyser (optional) will be located in an area that provides for discrete privacy for the worker, whilst completing the test so the test results cannot be inadvertently observed and disclosed to other parties; (c) A Worker undertakes self-testing at his/her own accord; therefore, no test details are recorded. However, all Workers have obligations under the Work Health and Safety Act or equivalent occupational health and safety or occupational safety and health legislation in other States or Territories and must not wilfully place at risk their health and safety or the health and safety of other Workers or people at the workplace by commencing work if they believe they’re impaired. Random Shift Testing (d) In terms of Random Shift Testing it is in imperative that the PC/Employer and the Union do not know on what day, or at what time the Authorised Testing Agent will conduct the tests; (e) It is a condition of entry for all Workers at any workplace to comply with any request to participate in random Drug and Alcohol testing as a condition of employment or contract. This means that all Workers attending or seeking to attend a workplace will be eligible for testing; (f) Testing for Alcohol or other Drugs for Workers shall be mandatory and will be undertaken at any time throughout the Worker’s hours of work (including overtime) or at any time whilst at the workplace; (g) Individual Workers will be selected for drug testing using a simple random selection process. A random draw will be conducted using an Authorised Testing Agent independent software to randomise the selection of Workers for testing; (h) The random selection process includes the selection of Workers from across the entire workplace subject to the testing; (i) A Worker selected for testing will be required to present themselves for testing within a reasonable time. Random shift testing shall be conducted in a room which provides for privacy for the selected worker during testing; the requirements for this room are outlined in the Room Requirements section of this policy. For Cause Testing (j) An employer/supervisor may only request an employee to undertake for cause testing if: (a) The employee has been involved in an accident or incident, or had the potential to, cause: (b) serious and major damage to mobile plant or property; or (c) an injury to themselves or other individual(s);or (d) Participation in a relevant and specific industry focus area when the worker is undertaking High Risk Work as identified by the employer and consistent with OHS legislation. Workers will be selected for testing using a random selection process nominated by the employer following a consultation process in line with OHS legislation. Post Incident Testing (k) After the occurrence of a significant incident/event at a workplace, all Workers involved in the incident may be required to undergo an initial Drug and Alcohol test. (l) Where a Worker(s) is to be tested following a significant incident/event they shall be supervised by an Employer Representative and Employee Representative continually from the time of the incident until they have completed all testing required. (m) Post Incident Testing will be conducted as soon as practical after the incident/event and when it is safe to do so. (n) An injured Worker who requires immediate medical attention may only be tested when it is appropriate and safe to do so. This will be determined by the Construction Manager, the HSR, Delegate and the relevant PIA in consultation with the attending medical practitioner. In such cases, where testing can be conducted while under medical care, a saliva testing process will be used. Reasonable Concern Testing (o) An employer may only request an employee to undertake reasonable concern testing if the following criteria are met: (a) An observable phenomena occurs, which is: • the direct observation of the employee of use of, and/or the physical behavioural symptoms of being impaired by, alcohol; and/or • Unusual and/or inexplicable actions by the employee; or (b) There is evidence that the employee is involved in the use or possession of alcohol and/or other drugs while working; or (c) The employee has breached safety precautions or procedures. Testing of Minors (p) A letter of consent contained within the work experience and student placement procedure shall be signed by the parent or guardian of any worker who is a minor seeking to access a workplace where the Impairment Policy is in place, as a condition of entry to that workplace. Alternatively, an equivalent letter signed by the parent or guardian can be provided through the minor’s employer/host employer. (q) Where a minor is selected for testing and: (a) A letter of consent is held, then the provisions of this procedure shall apply; or (b) Where a letter of consent is not held, every effort will be made to contact the minor’s parents/guardians to get verbal consent to participate in the testing procedure. If consent is given then the normal testing procedures will apply, if contact cannot be made and/or consent is not given then the minor will be excluded from any high risk activities or potentially excluded from site until consent is given.

FORMS OF TESTING. 16.1. Self-Testing Testing (a) The PC/Employer shall be required to provide sufficient self-testing facilities for alcohol and/or drugs for up to 10% of the workforce; ; (b) Where self-test facilities are made available voluntary or self-testing for alcohol will be available for Workers prior to presenting for work. A wall mounted breathalyser (optional) will be located in an area that provides for discrete privacy for the worker, whilst completing the test so the test results cannot be inadvertently observed and disclosed to other parties; ; (c) A Worker undertakes self-testing at his/her own accord; therefore, no test details are recorded. However, all Workers have obligations under the Work Health and Safety Act or equivalent occupational health and safety or occupational safety and health legislation in other States or Territories and must not wilfully place at risk their health and safety or the health and safety of other Workers or people at the workplace by commencing work if they believe they’re impaired. 16.2. Random Shift Testing Testing (da) In terms of Random Shift Testing it is in imperative that the PC/Employer and the Union do not know on what day, or at what time the Authorised Testing Agent will conduct the tests; ; (eb) It is a condition of entry for all Workers at any workplace to comply with any request to participate in random Drug and Alcohol testing as a condition of employment or contract. This means that all Workers attending or seeking to attend a workplace will be eligible for testing; ; (fc) Testing for Alcohol or other Drugs for Workers shall be mandatory and will be undertaken at any time throughout the Worker’s hours of work (including overtime) or at any time whilst at the workplace; ; (gd) Individual Workers will be selected for drug testing using a simple random selection process. A random draw will be conducted using an Authorised Testing Agent independent software to randomise the selection of Workers for testing; ; (he) The random selection process includes the selection of Workers from across the entire workplace subject to the testing; ; (if) A Worker selected for testing will be required to present themselves for testing within a reasonable time. Random shift testing shall be conducted in a room which provides for privacy for the selected worker during testing; the requirements for this room are outlined in the Room Requirements section of this policy. For Cause Testing (j) An employer/supervisor may only request an employee to undertake for cause testing if: (a) The employee has been involved in an accident or incident, or had the potential to, cause: (b) serious and major damage to mobile plant or property; or (c) an injury to themselves or other individual(s);or (d) Participation in a relevant and specific industry focus area when the worker is undertaking High Risk Work as identified by the employer and consistent with OHS legislation. Workers will be selected for testing using a random selection process nominated by the employer following a consultation process in line with OHS legislation. Post Incident Testing (k) After the occurrence of a significant incident/event at a workplace, all Workers involved in the incident may be required to undergo an initial Drug and Alcohol test. (l) Where a Worker(s) is to be tested following a significant incident/event they shall be supervised by an Employer Representative and Employee Representative continually from the time of the incident until they have completed all testing required. (m) Post Incident Testing will be conducted as soon as practical after the incident/event and when it is safe to do so. (n) An injured Worker who requires immediate medical attention may only be tested when it is appropriate and safe to do so. This will be determined by the Construction Manager, the HSR, Delegate and the relevant PIA in consultation with the attending medical practitioner. In such cases, where testing can be conducted while under medical care, a saliva testing process will be used. Reasonable Concern Testing (o) An employer may only request an employee to undertake reasonable concern testing if the following criteria are met: (a) An observable phenomena occurs, which is: • the direct observation of the employee of use of, and/or the physical behavioural symptoms of being impaired by, alcohol; and/or • Unusual and/or inexplicable actions by the employee; or (b) There is evidence that the employee is involved in the use or possession of alcohol and/or other drugs while working; or (c) The employee has breached safety precautions or procedures. Testing of Minors (p) A letter of consent contained within the work experience and student placement procedure shall be signed by the parent or guardian of any worker who is a minor seeking to access a workplace where the Impairment Policy is in place, as a condition of entry to that workplace. Alternatively, an equivalent letter signed by the parent or guardian can be provided through the minor’s employer/host employer. (q) Where a minor is selected for testing and: (a) A letter of consent is held, then the provisions of this procedure shall apply; or (b) Where a letter of consent is not held, every effort will be made to contact the minor’s parents/guardians to get verbal consent to participate in the testing procedure. If consent is given then the normal testing procedures will apply, if contact cannot be made and/or consent is not given then the minor will be excluded from any high risk activities or potentially excluded from site until consent is given.

FORMS OF TESTING. Self-Testing (a) The PC/Employer shall be required to provide sufficient self-testing facilities for alcohol and/or drugs for up to 10% of the workforce; (b) Where self-test facilities are made available voluntary or self-testing for alcohol will be available for Workers prior to presenting for work. A wall mounted breathalyser (optional) will be located in an area that provides for discrete privacy for the worker, whilst completing the test so the test results cannot be inadvertently observed and disclosed to other parties; (c) A Worker undertakes self-testing at his/her own accord; therefore, no test details are recorded. However, all Workers have obligations under the Work Health and Safety Act or equivalent occupational health and safety or occupational safety and health legislation in other States or Territories and must not wilfully place at risk their health and safety or the health and safety of other Workers or people at the workplace by commencing work if they believe they’re impaired. Random Shift Testing (da) In terms of Random Shift Testing it is in imperative that the PC/Employer and the Union do not know on what day, or at what time the Authorised Testing Agent will conduct the tests; (eb) It is a condition of entry for all Workers at any workplace to comply with any request to participate in random Drug and Alcohol testing as a condition of employment or contract. This means that all Workers attending or seeking to attend a workplace will be eligible for testing; (fc) Testing for Alcohol or other Drugs for Workers shall be mandatory and will be undertaken at any time throughout the Worker’s hours of work (including overtime) or at any time whilst at the workplace; (gd) Individual Workers will be selected for drug testing using a simple random selection process. A random draw will be conducted using an Authorised Testing Agent independent software to randomise the selection of Workers for testing; (he) The random selection process includes the selection of Workers from across the entire workplace subject to the testing; (if) A Worker selected for testing will be required to present themselves for testing within a reasonable time. Random shift testing shall be conducted in a room which provides for privacy for the selected worker during testing; the requirements for this room are outlined in the Room Requirements section of this policy. For Cause Testing (ja) An employer/supervisor may only request an employee to undertake for cause testing if: (ai) The employee has been involved in an accident or incident, or had the potential to, cause: (bii) serious and major damage to mobile plant or property; or (ciii) an injury to themselves or other individual(s);or (div) Participation in a relevant and specific industry focus area when the worker is undertaking High Risk Work as identified by the employer and consistent with OHS legislation. Workers will be selected for testing using a random selection process nominated by the employer following a consultation process in line with OHS legislation. Post Incident Testing (ka) After the occurrence of a significant incident/event at a workplace, all Workers involved in the incident may be required to undergo an initial Drug and Alcohol test. (lb) Where a Worker(s) is to be tested following a significant incident/event they shall be supervised by an Employer Representative and Employee Representative continually from the time of the incident until they have completed all testing required. (mc) Post Incident Testing will be conducted as soon as practical after the incident/event and when it is safe to do so. (nd) An injured Worker who requires immediate medical attention may only be tested when it is appropriate and safe to do so. This will be determined by the Construction Manager, the HSR, Delegate and the relevant PIA in consultation with the attending medical practitioner. In such cases, where testing can be conducted while under medical care, a saliva testing process will be used. Reasonable Concern Testing (oa) An employer may only request an employee to undertake reasonable concern testing if the following criteria are met: (ai) An observable phenomena occurs, which is: • : a. the direct observation of the employee of use of, and/or the physical behavioural symptoms of being impaired by, alcohol; and/or • and/or b. Unusual and/or inexplicable actions by the employee; or (bii) There is evidence that the employee is involved in the use or possession of alcohol and/or other drugs while working; or (ciii) The employee has breached safety precautions or procedures. Testing of Minors (pa) A letter of consent contained within the work experience and student placement procedure shall be signed by the parent or guardian of any worker who is a minor seeking to access a workplace where the Impairment Policy is in place, as a condition of entry to that workplace. Alternatively, an equivalent letter signed by the parent or guardian can be provided through the minor’s employer/host employer. (qb) Where a minor is selected for testing and: (ai) A letter of consent is held, then the provisions of this procedure shall apply; or (bii) Where a letter of consent is not held, every effort will be made to contact the minor’s parents/guardians to get verbal consent to participate in the testing procedure. If consent is given then the normal testing procedures will apply, if contact cannot be made and/or consent is not given then the minor will be excluded from any high risk activities or potentially excluded from site until consent is given.

FORMS OF TESTING. Self-Testing (a) The PC/Employer shall be required to provide sufficient self-testing facilities for alcohol and/or drugs for up to 10% of the workforce; (b) Where self-test facilities are made available voluntary or self-testing for alcohol will be available for Workers prior to presenting for work. A wall mounted breathalyser (optional) will be located in an area that provides for discrete privacy for the worker, whilst completing the test so the test results cannot be inadvertently observed and disclosed to other parties; (c) A Worker undertakes self-testing at his/her own accord; therefore, no test details are recorded. However, all Workers have obligations under the Work Health and Safety Act or equivalent occupational health and safety or occupational safety and health legislation in other States or Territories and must not wilfully place at risk their health and safety or the health and safety of other Workers or people at the workplace by commencing work if they believe they’re impaired. Random Shift Testing (da) In terms of Random Shift Testing it is in imperative that the PC/Employer and the Union do not know on what day, or at what time the Authorised Testing Agent will conduct the tests; (eb) It is a condition of entry for all Workers at any workplace to comply with any request to participate in random Drug and Alcohol testing as a condition of employment or contract. This means that all Workers attending or seeking to attend a workplace will be eligible for testing; (fc) Testing for Alcohol or other Drugs for Workers shall be mandatory and will be undertaken at any time throughout the Worker’s hours of work (including overtime) or at any time whilst at the workplace; (gd) Individual Workers will be selected for drug testing using a simple random selection process. A random draw will be conducted using an Authorised Testing Agent independent software to randomise the selection of Workers for testing; (he) The random selection process includes the selection of Workers from across the entire workplace subject to the testing; (if) A Worker selected for testing will be required to present themselves for testing within a reasonable time. Random shift testing shall be conducted in a room which provides for privacy for the selected worker during testing; the requirements for this room are outlined in the Room Requirements section of this policy. For Cause Testing (ja) An employer/supervisor may only request an employee to undertake for cause testing if: (ai) The employee has been involved in an accident or incident, or had the potential to, cause: (bii) serious and major damage to mobile plant or property; or (ciii) an injury to themselves or other individual(s);or (div) Participation in a relevant and specific industry focus area when the worker is undertaking High Risk Work as identified by the employer and consistent with OHS legislation. Workers will be selected for testing using a random selection process nominated by the employer following a consultation process in line with OHS legislation. Post Incident Testing (ka) After the occurrence of a significant incident/event at a workplace, all Workers involved in the incident may be required to undergo an initial Drug and Alcohol test. (lb) Where a Worker(s) is to be tested following a significant incident/event they shall be supervised by an Employer Representative and Employee Representative continually from the time of the incident until they have completed all testing required. (mc) Post Incident Testing will be conducted as soon as practical after the incident/event and when it is safe to do so. (nd) An injured Worker who requires immediate medical attention may only be tested when it is appropriate and safe to do so. This will be determined by the Construction Manager, the HSR, Delegate and the relevant PIA in consultation with the attending medical practitioner. In such cases, where testing can be conducted while under medical care, a saliva testing process will be used. Reasonable Concern Testing (oa) An employer may only request an employee to undertake reasonable concern testing if the following criteria are met: (ai) An observable phenomena occurs, which is: • the direct observation of the employee of use of, and/or the physical behavioural symptoms of being impaired by, alcohol; and/or • Unusual and/or inexplicable actions by the employee; or (bii) There is evidence that the employee is involved in the use or possession of alcohol and/or other drugs while working; or (ciii) The employee has breached safety precautions or procedures. Testing of Minors (pa) A letter of consent contained within the work experience and student placement procedure shall be signed by the parent or guardian of any worker who is a minor seeking to access a workplace where the Impairment Policy is in place, as a condition of entry to that workplace. Alternatively, an equivalent letter signed by the parent or guardian can be provided through the minor’s employer/host employer. (qb) Where a minor is selected for testing and: (ai) A letter of consent is held, then the provisions of this procedure shall apply; or (bii) Where a letter of consent is not held, every effort will be made to contact the minor’s parents/guardians to get verbal consent to participate in the testing procedure. If consent is given then the normal testing procedures will apply, if contact cannot be made and/or consent is not given then the minor will be excluded from any high risk activities or potentially excluded from site until consent is given.

FORMS OF TESTING. Self-Testing (a) i. The PC/Employer shall be required to provide sufficient self-testing facilities for alcohol and/or drugs for up to 10% of the workforce; (b) ii. Where self-test facilities are made available voluntary or self-testing for alcohol will be available for Workers prior to presenting for work. A wall mounted breathalyser (optional) will be located in an area that provides for discrete privacy for the worker, whilst completing the test so the test results cannot be inadvertently observed and disclosed to other parties; (c) iii. A Worker undertakes self-testing at his/her own accord; therefore, no test details are recorded. However, all Workers have obligations under the Work Health and Safety Act or equivalent occupational health and safety or occupational safety and health legislation in other States or Territories and must not wilfully willfully place at risk their health and safety or the health and safety of other Workers or people at the workplace by commencing work if they believe they’re impaired. Random Shift Testing (d) i. In terms of Random Shift Testing it is in imperative that the PC/Employer and the Union do not know on what day, or at what time the Authorised Testing Agent will conduct the tests; (e) ii. It is a condition of entry for all Workers at any workplace to comply with any request to participate in random Drug and Alcohol testing as a condition of employment or contract. This means that all Workers attending or seeking to attend a workplace will be eligible for testing; (f) iii. Testing for Alcohol or other Drugs for Workers shall be mandatory and will be undertaken at any time throughout the Worker’s hours of work (including overtime) or at any time whilst at the workplace; (g) iv. Individual Workers will be selected for drug testing using a simple random selection process. A random draw will be conducted using an Authorised Testing Agent independent software to randomise the selection of Workers for testing; (h) v. The random selection process includes the selection of Workers from across the entire workplace subject to the testing; (i) vi. A Worker selected for testing will be required to present themselves for testing within a reasonable time. Random shift testing shall be conducted in a room which provides for privacy for the selected worker during testing; the requirements for this room are outlined in the Room Requirements section of this policy. For Cause Testing (j) i. An employer/supervisor may only request an employee to undertake for cause testing if: (ai) The employee has been involved in an accident or incident, or had the potential to, cause: (bii) serious and major damage to mobile plant or property; or (ciii) an injury to themselves or other individual(s);or (div) Participation in a relevant and specific industry focus area when the worker is undertaking High Risk Work as identified by the employer and consistent with OHS legislation. Workers will be selected for testing using a random selection process nominated by the employer following a consultation process in line with OHS legislation. Post Incident Testing (k) i. After the occurrence of a significant incident/event at a workplace, all Workers involved in the incident may be required to undergo an initial Drug and Alcohol test. (l) ii. Where a Worker(s) is to be tested following a significant incident/event they shall be supervised by an Employer Representative and Employee Representative continually from the time of the incident until they have completed all testing required. (m) iii. Post Incident Testing will be conducted as soon as practical after the incident/event and when it is safe to do so. (n) iv. An injured Worker who requires immediate medical attention may only be tested when it is appropriate and safe to do so. This will be determined by the Construction Manager, the HSR, Delegate and the relevant PIA in consultation with the attending medical practitioner. In such cases, where testing can be conducted while under medical care, a saliva testing process will be used. Reasonable Concern Testing (o) i. An employer may only request an employee to undertake reasonable concern testing if the following criteria are met: (ai) An observable phenomena occurs, which is: • the direct observation of the employee of use of, and/or the physical behavioural symptoms of being impaired by, alcohol; and/or • Unusual and/or inexplicable actions by the employee; or (bii) There is evidence that the employee is involved in the use or possession of alcohol and/or other drugs while working; or (ciii) The employee has breached safety precautions or procedures. Testing of Minors (p) i. A letter of consent contained within the work experience and student placement procedure shall be signed by the parent or guardian of any worker who is a minor seeking to access a workplace where the Impairment Policy is in place, as a condition of entry to that workplace. Alternatively, an equivalent letter signed by the parent or guardian can be provided through the minor’s employer/host employer. (q) ii. Where a minor is selected for testing and: (ai) A letter of consent is held, then the provisions of this procedure shall apply; or (bii) Where a letter of consent is not held, every effort will be made to contact the minor’s parents/guardians to get verbal consent to participate in the testing procedure. If consent is given then the normal testing procedures will apply, if contact cannot be made and/or consent is not given then the minor will be excluded from any high risk activities or potentially excluded from site until consent is given.