Note: This information is intended to provide general guidance only and does not constitute legal advice. We encourage you to obtain independent advice about your legal obligations.

This regulatory advice provides guidance on managing the risks associated with alcohol and other drug use impairment in the workplace.

Who is this advice for?

• heavy vehicle operators
• other parties in the Chain of Responsibility (CoR) and their executives.

What are my legal obligations?

This is an obligation to eliminate or minimise public risks, and a prohibition against directly or indirectly causing or encouraging a driver or another person, including a party in the CoR, to contravene the HVNL. CoR parties and their executives, should be aware that they remain a CoR party even when their transport activities are contracted, or subcontracted, to another party.

What are the legal consequences?

If your business is a party in the CoR and it fails to eliminate or minimise public risks so far as is reasonably practicable, then it may be in breach of its Primary Duty. If a breach is proven, the law provides sanctions against a company and its executives, ranging from education and improvement notices to prosecution.

What are the hazards and risks?

Impairment from alcohol and other drugs (including prescribed and over-the-counter medications) can adversely affect a person’s ability to work safely and can present serious safety risks to individuals, work colleagues, other road users and the general public. 

An impaired worker also has the potential to impact on a business’s ability to meet its statutory obligations both under the HVNL and other laws such as workplace health and safety legislation.

The potential risks resulting from these hazards may include:

• risks to the safety and wellbeing of employees and the public
• risks of damage to infrastructure (including business owned and public infrastructure)
• financial risks because of disruption to business operations.

Why is it important to manage safety risks?

An employee's fitness for duty is fundamental to safety. It’s also a critical factor in a business ensuring the safety of its transport activities. Effective management of alcohol and other drugs should be a foundation of any fitness for duty program. 

A business may suffer significant reputational damage if alcohol or other drugs are found to be a cause of a heavy vehicle crash or other safety-related incident. However, effective and ongoing management of these safety risks can position a business as an employer and contractor of choice.

Undertaking positive steps to manage safety risks will assist parties in the CoR and their executives to keep employees and the community safe and avoid regulatory sanctions.

Who has a duty to manage safety risks?

At a minimum, parties in the CoR should undergo a risk assessment to consider the risks associated with impaired workers. Executives should be aware of – and endorse or approve - the final risk assessment, identifying what controls are needed to mitigate those risks.

Executives must ensure sufficient financial, human and other resources are available to the business to implement risk controls. They should also be actively invested in monitoring tasks to assess the ongoing effectiveness of the controls and promote continuous improvement of safe business practices.

How can I manage these risks?

Best practice is to adopt a proactive approach to risk management rather than reacting after an incident has occurred. All CoR parties must proactively manage the risks they can control and influence to meet their Primary Duty to ensure the safety of their transport activities.

Controls to manage the risk of workers undertaking transport activities being impaired by alcohol and other drugs will often form part of an overarching alcohol and other drugs management plan. Such a plan may include:

• developing policies and supporting procedures outlining how to deal with alcohol and other drug impairment in the workplace
• communicating these policies and procedures on alcohol and other drug usage, related issues, and general safety expectations
• providing information, education, and training to employees on how to identify signs of alcohol and other drug impairment and how to manage the situation when impairment is detected
• implementing safeguards on tasks, processes, and equipment that require a high level of concentration or motor coordination, where a hazard identification and risk assessment identifies a high level of risk if employees are impaired
• providing access to employee assistance programs, counselling and support groups early in the apparent development of alcohol and/or other drug use problems
• encouraging parties in the CoR and their executives to support policies and procedures
• engaging with businesses who have a good safety and compliance reputation
• ensuring that contractual provisions clearly communicate fit for work and HVNL compliance requirements
• implementing an alcohol and drug screening program which may include pre-employment, random or targeted testing based on reasonable suspicion or following an accident or incident
• not incentivising behaviour that could promote or encourage the inappropriate use of drugs or alcohol. For example, encouraging drivers to take substances to overcome the effects of fatigue
• ensuring that contracts can be terminated if the minimum safety requirements are not complied with.

Fitness to drive

Managing the risk of drivers not been fit to operate a heavy vehicle and safely conduct other associated transport activities should be approached holistically. It’s important to consider a range of factors including physical health, mental health, and fatigue. More information and specific advice on fitness to drive can be found here:

• Regulatory Advice - Fitness to drive: Physical health
• Regulatory Advice - Fitness to drive: Mental health
• Regulatory Advice - Fitness to drive: Fatigue

THIS DOCUMENT IS UNCONTROLLED IN HARD COPY FORMAT