DRUG AND ALCHOHOL ABUSE PREVENTION POLICY

POLICY STATEMENT

Christies People is committed to providing a safe and healthy working environment for Workers and Others in the Workplace (staff, customers, visitors and contractors).

Christies People endeavours to ensure that their worker’s use of either alcohol or drugs does not impair the safe, healthy and efficient running of Christies People or our Client’s Sites.

Where applicable, Christies People will also comply with the requirements of a client’s alcohol and drug policy and fitness for work program. 

DEFINITIONS

Drug: A drug is any substance which, when ingested by any means, is capable of causing impairment.

Impairment: Any detrimental effect induced by an introduced substance or article, on cells of functions of cells in the human body.

Client’s Site: Any site where a Christies People Services worker is requested to attend and/or work.

Management/Manager/Supervisor: Refers to either Christie’s People management and/or the clients site management.

REFERENCE DOCUMENTS

• Chain of Custody/Consent Form Drug and Alcohol Testing
• Onsite ECO CUP Colour Chart

PROCEDURE

It is unacceptable for a worker to be affected by drugs or alcohol during their normal hours of work therefore Christie’s People will undertake pre-employment drug and alcohol testing.

Drug taking and/or alcohol consumption will lead to the person being immediately stood down from work.

Alcohol will not be consumed at a Christies People site or client’s site unless it is during a company sponsored function.

Prescribed medication that may cause impairment must be reported to his/her Manager.  This may lead to the affected worker being prevented from continuing his/her duties until that person may be able to perform their duties unimpaired.

If a worker is suspected of drug and/or alcohol consumption, the worker will be required to undergo alcohol and drug testing. (Refer to following section “Testing” for details on the testing procedure and “Management Responsibilities – If impairment is as a result of suspected drug and/or alcohol usage” for greater detail).

MANAGEMENT RESPONSIBILITIES

A Manager may assess, by observation, that a worker is demonstrating poor work performance and may be unfit for work. This may or may not be due to consumption of drugs or alcohol. The following procedure is to be applied:

If impairment is as a result of ill health:

• The worker is to be informed of the perceived risk to their own and others safety due to the impaired work performance, i.e. they are “unfit for work”.
• The Manager will ensure that the affected worker leaves the workplace for the remainder of the day. The absence will be covered by sick leave, if applicable.
• Arrangements must be made to ensure safe transportation of the worker.

If impairment is as a result of suspected drug and/or alcohol usage:

• The worker is to be informed of the perceived risk to their own and others safety due to the impaired work performance, i.e. they are “unfit for work”.
• If a worker is suspected of drug or alcohol consumption, the worker will be required to undergo alcohol and drug testing. (Refer to following section “Drug and Alcohol Testing Procedure” for details on the testing procedure).

DRUG AND ALCOHOL TESTING PROCEDURE

The following procedure will apply if a Manager suspects a worker is drug or alcohol affected:

• If testing is to be conducted, then rigorous testing procedures in accordance with Australian Standards AS/NZS 4308 (detection and quantitation of drugs of abuse in urine), AS4760 (detection and quantitation of drugs of abuse in oral fluid) and AS3547 (workplace breath alcohol screening procedures using an approved breathalyser) will be applied.
• The Christies People Manager undertaking the drug and alcohol screening (The Tester) must be nationally accredited to perform the drug and alcohol screening and as a minimum, hold the following competency, HLTPAT005 Collect specimens for drugs of abuse testing which forms part of HLT37215 Certificate 111 in Pathology Collection.
• The tester shall be tested first.
• Workers must inform management if they are taking any medication. If being tested they shall have it recorded by the tester on the on the Chain of Custody/Consent form.

Random Testing

• The frequency of testing will be determined by Management. Testing will include breath alcohol and urine sampling.
• Urine samples shall be collected by the tester trained in sample collection and chain of custody procedures.

Causal Testing

• Management may conduct causal drug and alcohol testing when persons:
  • Are involved in an incident;
  • Are suspected, for any reason, that they may be affected under the influence of alcohol or drugs;

Test Records

• The results will be recorded on the Individual Drug and Alcohol Test form.
• Anyone who fails an initial breath alcohol test shall be re-tested 15 minutes after the first test. Test results and actions will be recorded on the Individual Drug and Alcohol Test form.

Test Failure

• In the presence of a witness advise the worker of the test result.
• A positive test result for either drugs and/or alcohol will lead to the Manager ensuring the affected worker leaves the worksite for the remainder of the shift.
• Arrangements must be made to ensure safe transportation of the worker.
• If a worker is stood down part way through a shift, the worker will only be paid for the work undertaken on that shift prior to be stood down.
• If the worker disputes the positive test result then at their own cost they can have the sample forwarded to a suitable external testing facility for verification.

Re-admittance to site

• Immediately prior to re-admittance to site, a Christies People representative will meet and counsel the worker;
• The worker must provide a written test result confirming that worker is fit for work;
• Allow the worker to invite a representative to be present;
• Remind worker of their legislative and company requirement in the workplace.
• Re-induct if necessary;
• Encourage the worker to participate in a drug and alcohol rehabilitation program at the worker’s own cost. Should the worker refuse to participate in a drug and alcohol rehabilitation program then advise the worker that the use of illegal drugs and/or alcohol is sufficient grounds for termination for a breach of their contract of employment.
• A full account of these proceedings is to be documented and placed on file.

Note:

If the worker refuses to be tested it cannot be presumed that they are intoxicated. Workers have a legal right to refuse to be tested, unless Christies People’s contracts or employment agreements provide otherwise.

Anyone who refuses to be tested or leaves the workplace without undertaking a test and/or attempts to tamper with a sample or falsify a test shall be managed as if they have failed the test.

Confidentiality

• All information will be managed to protect the privacy of the individual(s).
• Workers have a responsibility to ensure they are not affected by drugs or alcohol when at work. Should a worker come to work, or consume alcohol and/or drugs at work, the worker will be immediately stood down from work.
• If the worker is taking prescription drugs given to him/her by a doctor, the worker must check with the doctor to make sure they don’t have any side effects that may cause drowsiness. If so, the worker must inform his/her Supervisor who may be able to provide alternative duties if available.
• If a worker thinks someone that they are working with is affected by drugs or alcohol, they must tell their Manager or Supervisor immediately. If not, they may be putting themselves and others in the workplace at risk.

WORKER RESPONSIBILITIES

• Workers have a responsibility to ensure they are not affected by drugs or alcohol when at work. Should a worker come to work, or consume alcohol and/or drugs at work, the worker will be immediately stood down from work.
• If the worker is taking prescription drugs given to him/her by a doctor, the worker must check with the doctor to make sure they don’t have any side effects that may cause drowsiness. If so, the worker must inform his/her Supervisor who may be able to provide alternative duties if available.

APPROPRIATE WORKPLACE BEHAVIOUR POLICY

PURPOSE

Christies People aims to provide an environment where workers and others in the workplace are treated with dignity, courtesy and respect.

COMMENCEMENT OF POLICY

This policy will commence from 8 August 2016. It replaces:

• all other Appropriate Workplace Behaviour Policies (whether written or not);
• all other Antidiscrimination/Equal Employment Opportunity/Antibullying Policies (whether written or not);
• all other Bullying Prevention Policies (whether written or not); and
• all other Codes of Conduct Policies (whether written or not).

SCOPE OF POLICY

 This Policy applies to workers of Christies People.

This Policy applies to clients/suppliers/general public collectively referred to in this Policy as ‘others’.

This Policy is not limited to the workplace or work hours. This Policy extends to all functions and places that are work related. For example, work lunches, conferences, Christmas parties and client functions.

This Policy does not form part of any worker’s contract of employment. Nor does it form part of any other workers contract for service.

APPROPRIATE BEHAVIOUR

Christies People expects its people to foster an environment where people are treated with dignity, courtesy and respect.

This applies in the workplace, when performing company duties off site, on client’s sites, when interacting with clients, on business trips, at company functions or when using the internet or social media.

Christies People acknowledges there are many forms of unacceptable or inappropriate behaviour, some being more subtle and which does not necessarily have a “label” or name.

Christies People supports the principle of equal opportunity in employment.

Workers should be aware that conduct that is found to be bullying, considered harassment or discriminatory could be a breach of the relevant legislation and therefore illegal.

Workers are expected to observe the highest standards of ethics, integrity and behaviour during the course of their employment with Christies People. 

EXPECTATIONS OF WORKERS

Christies People expects workers:

• Not to victimise or otherwise disadvantage anyone as a result of making a complaint of inappropriate behaviour, or bullying, harassment and discrimination.
• To act honestly in lodging a complaint for bullying, harassment and/or unlawful discrimination or when taking part in an investigation into an allegation of this nature.
• Comply with all laws, policies, procedures, rules, regulations and contracts.
• Comply with all lawful and reasonable directions from Christies People.
• Be honest and fair in dealings with others.
• Display the appropriate image of professionalism at your workplace. Wear the required uniform,

safety equipment or work clothes, and if a worker wears their own clothes, ensure their appearance is neat and tidy.

• Treat others in a non-discriminatory manner with proper regard for their rights and dignity.
• Promptly report any violations of law, ethical principles and this policy.
• Maintain punctuality. If a worker is late or cannot report for work, advise your supervisor by telephone as soon as possible.
• Do not use work time for private gain. If a worker is required to leave the work premises for personal reasons they should advise their manager well in advance.
• Observe health and safety policies and obligations, and co-operate with all procedures and initiatives taken by Christies People in the interests of work health and safety.
• Be truthful in all dealings with persons encountered at the workplace.
• Refrain from any form of conduct which may cause any reasonable person unwarranted offence or embarrassment or give rise to the reasonable suspicion or appearance of improper conduct or biased performance.
• Not make any unauthorised statements to the media about Christies People’s business (requests for media statements should be referred to a Christies People Manager).
• Refer to Induction Handbook for greater detail

Disciplinary action may be taken against a worker if a complaint is found to be motivated by malice or without merit.

RIGHTS AND RESPONSIBILITIES

All workers must:

• ensure they do not engage in any unlawful conduct towards other workers, or others with whom they come into contact through work;
• ensure they do not aid, abet or encourage other persons to engage in unlawful conduct;
• follow the complaint procedure in this Policy if they experience any unlawful conduct;
• report any unlawful conduct they see occurring to others in the workplace in accordance with the complaint procedure in this Policy;
• report any unlawful conduct they experience in the workplace in accordance with the complaint procedure in this Policy; and
• maintain confidentiality if they are involved in the complaint procedure.

Workers should be aware that they can be held legally responsible for their unlawful conduct.

Workers, who aid, abet or encourage other persons to engage in unlawful conduct, can also be legally liable.

SUPERVISORS AND MANAGERS HAVE A RESPONSIBILITY TO:

• Model correct and appropriate workplace behaviours;
• Monitor the workplace to ensure that Workers demonstrate acceptable standards of conduct at all times;
• Treat all complaints seriously and take action to resolve matters promptly;
• Promote a team spirit;
• Maintain confidentiality when conducting investigations into grievances and disputes.
• Avoid bias in decision making;
• Ensure compliance with procedures when carrying out counselling and discipline;
• Exercise objectivity when administering rewards or discipline; and
• Do not condone, permit, or fail to report any breaches of this policy by workers under their supervision.

BREACH OF THIS POLICY

All workers are required to comply with this Policy at all times. If an employee breaches this Policy, they may be subject to disciplinary action. In serious cases this will include termination of employment.

Contractors who are found to have breached this Policy may have their contracts with Christies People terminated or not renewed.

If a person makes an unfounded complaint or a false complaint in bad faith (e.g. making up a complaint to get someone else in trouble or making a complaint where there is no foundation for the complaint), that person may be disciplined and may be exposed to a defamation claim.

A breach of this policy may lead to disciplinary action up to and including termination of employment.

DEFINITIONS
HARASSMENT
Unlawful harassment	Any form of conduct or behaviour towards a person that is unwelcome, unwanted or uninvited and that a reasonable person would anticipate may offend, humiliate or intimidate the other person.
Sexual harassment Examples may include but are not limited to:	Sexual harassment is unwelcome conduct of a sexual nature, which makes a person feel offended, humiliated or intimidated. Conduct can amount to sexual harassment even if the person did not intend to offend, humiliate or intimidate the other person. Any form of conduct or behaviour towards a person that is unwelcome, unwanted or uninvited and that a reasonable person would anticipate may offend, humiliate or intimidate the other person. Sexual harassment does not have to be directed at a particular individual to be unlawful.  It does not generally include conduct occurring within a personal relationship or mutual attraction and affection or friendship. Physical contact such as pinching, touching, grabbing, kissing or hugging. Staring or leering at a person or at parts of their body. Sexual jokes or comments. Requests for sexual favours. Persistent requests to go out, where they are refused. Sexually explicit conversations. Displays of offensive material such as posters, screen savers, Internet material etc. Accessing or downloading sexually explicit material from the Internet. Suggestive comments about a person’s body or appearance. Sending rude or offensive emails, attachments or text messages.
Sexual harassment is not:	Conduct will not be sexual harassment if a reasonable person, having regard to all the circumstances, would not have anticipated that the conduct would offend, humiliate or intimidate the other person.
WORKPLACE BULLYING
Workplace Bullying	Bullying is repeated, unreasonable behaviour directed towards an individual or group that creates a risk to health and safety. .
Unreasonable behaviour	Unreasonable behaviour means behaviour that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine or threaten.
Bullying does not include:	It is not bullying for a manager or supervisor to counsel a worker about their performance.  Performance counselling is a necessary part of ensuring that workers meet Christies People’s standards of work and behaviour.  Also, other reasonable managerial actions such as disciplinary action, work directions and orders, and allocation of work in compliance with business needs and systems do not constitute bullying.
HOSTILE BEHAVIOUR
Hostile Behaviour	Behaviour which creates a hostile working environment for other workers can also be unlawful.
VICTIMISATION
Victimisation	Victimisation is where a person is retaliated against or subjected to a detriment because they have lodged a complaint, they intend to lodge a complaint or they are involved in a complaint of unlawful conduct. Workers must not retaliate against a person who raises a complaint or subject them to any detriment.
VILLIFICATION
Vilification	Vilification is a public act which incites hatred, severe contempt or severe ridicule of a person or group, because of race, homosexuality, transgender, transexuality or HIV/AIDS.
DISCRIMINATION
Discrimination	Discrimination in employment occurs when a person is treated less favourably in their employment because of a ground of discrimination.
Grounds for Discrimination	Grounds of discrimination are set by law (Federal, State and Territory laws) and include sex, race, age etc. The grounds for discrimination that operates in NSW is set out below: Race (including colour, nationality, descent, ethnic, ethno-religious or national origin) Religious belief or activity Sex Marital status, relationship status Pregnancy (including potential pregnancy) Homosexuality, transexuality, sexuality, sexual preference, lawful sexual activity Carers’ responsibilities, family responsibilities, carer or parental status, being childless Disability, including physical, mental and intellectual disability Breastfeeding Age Industrial/trade union membership, non-membership or activity Political belief or activity Employer association membership, non-membership or activity Compulsory retirement Transexuality, transgender and gender identity Criminal record HIV/AIDS Medical record Spent convictions Defence service Association (i.e. association with a person who has one or more of the attributes for which discrimination is prohibited)

 

Variations

Christies People reserves the right to vary, replace or terminate this policy from time to time.

GUIDELINES FOR DEALING WITH COMPLAINTS

COMPLAINT HANDLING PROCEDURE

If a worker feels that they have been subjected to any form of unlawful conduct contrary to this Policy, they should not ignore it. Christies People has a complaint procedure for dealing with these issues. The complaint procedure has numerous options available to suit the particular circumstances of each individual situation. The manner in which a complaint will be handled is solely at the discretion of Christies People’s Manager.

EXAMPLES OF THE WAYS IN WHICH A COMPLAINT CAN BE DEALT WITH:

Confront the Issue

If a worker feels comfortable doing so, they should address the issue with the person concerned. A worker should identify the behaviour, explain that the behaviour is unwelcome and offensive and ask that the behaviour stop. It may be that the person was not aware that their behaviour was unwelcome or caused offence.

This is not a compulsory step. If a worker does not feel comfortable confronting the person, or the worker confronts the person and the behaviour continues, the worker should report the issue to Christies People’s Manager.

If a worker is unsure about how to handle a situation and is also unsure if they want to make a complaint they should contact Christies People’s Manager for support and guidance.

Report the Issue

A worker should report the issue to Christies People’s Manager. The Manager will aim to deal with the workers complaint in accordance with this Policy. There are two complaint procedures that can be used: informal and formal (detailed further below). The type of complaint procedure used will be determined by the nature of the complaint that is made.

Informal Complaint Procedure

Under the informal complaint procedure there is a broad range of options for addressing the complaint.  The procedure used to address the issue will depend on the individual circumstances of the case. Possible options include, but are not limited to:

• Christies People’s Manager discussing the issue with the person against whom the complaint is made; and/or
• Christies People’s Manager facilitating a meeting between the parties in an attempt to resolve the issue and move forward.

The informal complaint procedure is more suited to less serious allegations that if founded, would not warrant disciplinary action being taken.

Formal Complaint Procedure

The formal complaint procedure involves a formal investigation of the complaint. Formal investigations may be conducted by Christies People’s Manager or a person from outside Christies People, appointed by Christies People. 

An investigation generally involves, collecting information about the complaint and then making a finding based on the available information as to whether or not the alleged behaviour occurred.

Once a finding is made, the Christies People’s Manager or the external investigator will make recommendations about resolving the complaint.

If Christies People considers it appropriate for the safe and efficient conduct of an investigation, worker/s may be required not to report for work during the period of an investigation.  Christies People may also provide alternative duties or work during the investigation period.  Generally, workers will be paid their normal pay during any such period.

Confidentiality

A Christies People’s Manager  will endeavour to maintain confidentiality as far as possible.  However, it may be necessary to speak with other workers in order to determine what happened, to afford fairness to those against whom the complaint has been made and to resolve the complaint.

If a complaint is raised and it appears that unlawful conduct has potentially occurred, Christies People will endeavour to take appropriate action in relation to the complaint.

All workers involved in the complaint must also maintain confidentiality, including the worker who lodges the complaint. Spreading rumours or gossip may expose workers to a defamation claim. Workers may discuss the complaint with a designated support person or representative (who is not a worker employed or engaged by Christies People). However, the support person or representative must also maintain confidentiality.

Possible Outcomes

The possible outcomes will depend on the nature of the complaint and the procedure followed to address the complaint.

Where an investigation results in a finding that a person has engaged in unlawful conduct or breach of this Policy, that person may be disciplined.  The type and severity of disciplinary action will depend on the nature of the complaint and other relevant factors.

Where the investigation results in a finding that the person complained against has engaged in serious misconduct, this will result in instant dismissal. Any disciplinary action is a confidential matter between the affected worker and Christies People.

Ccontractors who are found to have engaged in unlawful conduct and/or breached this Policy will have their contracts with Christies People terminated or not renewed.

Christies People may take a range of other non-disciplinary outcomes to resolve a complaint, depending on the particular circumstances. Examples include, but are not limited to:

• training to assist in addressing the problems underpinning the complaint;
• monitoring to ensure that there are no further problems;
• implementing a new policy;
• requiring an apology or an undertaking that certain behaviour stop; and/or
• changing work arrangements.

WHAT TO DO IF YOU ARE NOT SATISFIED WITH THE OUTCOME - INTERNAL

Review

If any of the parties are not satisfied with the way the complaint was handled or the outcome of the complaint process they can contact the Christies People’s Manager. The complaint handling process and/or the outcome may then be reviewed by the Christies People’s Manager. If a review is undertaken, the Christies People’s Manager’s decision in relation to the review will be final.

Christies People’s goal is to resolve issues in-house wherever possible. Workers can seek the assistance of an outside agency if they feel that their complaint has not been adequately addressed.

WHAT TO DO IF YOU ARE STILL NOT SATISFIED WITH THE OUTCOME- APPLICATION TO THE FAIR WORK COMMISSION

If any of the parties are not satisfied with the way the complaint was handled or the outcome of the complaint then any employee who reasonably believes that he or she has been bullied at work, may apply to the Fair Work Commission (FWC) for an order.

The orders that may be made by the FWC in circumstances where a complaint is lodged are quite broad, as the FWC can make any order it considers appropriate, e.g. issuing orders to individuals to cease behaviour, providing additional support/training, and reviewing Christies People policy and checking compliance with that policy.

Questions

If a worker is unsure about any matter covered by this Policy, a worker should seek the assistance of the Christies People’s Manager.

FATIGUE MANAGEMENT POLICY

Policy Statement

This Policy articulates Christies People commitment to proactively measure, mitigate and manage the risks associated with fatigue. Appropriate measures, supporting procedures and training ensure employees are not rostered to work shifts that will cause unacceptable levels of work related fatigue.

As an employer, Christies People has a range of WHS responsibilities, which are stated in the Work Health and Safety Policy. With regard to managing fatigue, Christies People responsibilities include:

• The provision and maintenance of safe systems of work (e.g. appropriate rosters).
• Information, training, instruction and supervision on safe work practices and how to manage the impact of fatigue.
• Consulting employees and HSR’s regarding fatigue issues – including the implementation of new rosters.
• Monitoring working conditions.

Christies People manages the risks associated with fatigue through the utilisation of risk assessments and fatigue management strategies (sensible rosters, education, etc). Risks are measured, monitored and mitigated to reduce the risk of endangering employees and other people working at the site.

All employees are required to undertake training in the principles and practices of the fatigue management.

Fatigue Risk Management

The risks associated with fatigue are managed by:

• Involving employees in discussions on the design of work schedules and decisions regarding changes or adjustments to their work shifts.
• Monitoring fatigue levels associated with actual work schedules, and
• Adopting a risk management approach.

Application of this Policy

This Policy applies to workers of Christies People. This Policy does not form part of any worker’s contract of employment.  Nor does it form part of any other worker’s contract for service.

Breach of this Policy

All workers are required to comply with this Policy at all times. Breaches this Policy may lead to disciplinary action. In serious cases this may include termination of employment. Contractors may have their contracts with Christies People terminated or not renewed.

ENVIRONMENTAL MANAGEMENT POLICY & PROCEDURE

POLICY STATEMENT

Christies People is committed to protecting and reducing the impact on the natural environment whilst providing services to our clients. This Policy articulates Christies People’s commitment to proactively measure, mitigate and manage environmental risks.   It is the responsibility of Christies People management to promote this policy and ensure its effective implementation.

PURPOSE

This procedure is intended to establish the procedure to be adopted when managing the environmental impact of any work undertaken by Christies People.

WASTE MINIMISATION

• Implementing processes to minimise waste, recycle and prevent pollution;
• Develop relationships with clients who demonstrate a similar commitment;

PUTRESCIBLE WASTE

• This is limited to domestic rubbish generated from lunchrooms and amenities, the amounts generated are expected to be minor and will be disposed of in accordance with Council General Local Law.

INSPECTION & MONITORING

• The monitoring of the effectiveness will be undertaken as part of the annual WHS audit.  Additional monitoring will be undertaken by the General Manager as required.

COMMUNICATION OF THE PROCEDURE

• To be effective, this environmental management procedure must be clearly communicated to all personnel. The following activities should be considered:
• Review the procedure on an annual basis to address new environmental issues.
• Train all workers on this procedure as part of the induction

VARIATIONS

Christies People reserves the right to vary, replace or terminate this policy from time to time.