The technical, moral and legal boundaries of workplace drug testing

Transcription

1 The technical, moral and legal boundaries of workplace drug testing Samuel Andrews Harm Reduction Projects Advisor NZ Drug Foundation

2 NZ Drug Foundation VISION Aotearoa free from Drug Harm MISSION To be the catalyst for people, their communities, service providers and policy makers to take action to prevent drug harm ACTION DrugHelp resources for people wanting to reduce use Advocacy for drug law reform Support for workplaces

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4 Why people use drugs MOTIVATION pleasure, stress release, alleviation of physical or mental health issues, sensory enhancement, peer pressure, spiritual experiences, experimentation, boredom, escape RISK FACTORS homelessness, unstable work, parents with experience of addiction, mental health issues, trauma PROTECTIVE FACTORS family connections, work, secure housing, access to education and training, strong social networks, religion, affluence

5 On Track: Knowing where we are going (2015), Te Pou

6 Drugs in New Zealand ALCOHOL 79% of New Zealanders drink each year 25% of those drinkers drink hazardously Hazardous drinking is increasing in older populations CANNABIS 11% of New Zealanders use cannabis each year Men nearly twice as likely to use METHAMPHETAMINE 1.1% of New Zealanders use meth each year Most people use for 10 years before seeking help Average age of first use is 21

7 Person centred responses Draw a person in the centre of your paper Give them a name Think about two different substances they are using Record how often are they using these substances and why

8 Workplace drug testing

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10 Limits of drug testing LIMITED DETECTION OF DRUGS Only cannabis, cocaine, amphetamine, opiates and PCP in a small timeframe, some medications may be detected INVASIVE Supervised urination, blood sample, hair sample ( strands) are all invasive and the detection needs to be balanced with right to privacy CAN ENCOURAGE MORE HARMFUL BEHAVIOUR Using undetectable substances that are often more risky, drinking more, binging after negative test

11 When drug testing is legally permitted PRE-EMPLOYMENT No current legislative limits on this testing or any protection for prospective employees RANDOM Permitted in safety-critical worksites as part of an agreement between employer and employees and in employment agreement POST-INDCIDENT/ON SUSPICION Permitted if in the employment agreement and part of a standard health and safety response. May be evidential MONITORING Agreed with employee as part of reintegration

12 Responding to a non-negative result LABORATORY CONFIRMATION Every initial non-negative test must be validated to ensure it is above the threshold. This can take a week EMPLOYER RESPONSE Employers must act in-line with employment agreement. Stand down from safety critical roles while waiting for confirmation is common REHABILITATION AND REINTEGRATION Determined between employee and employer, regular drug testing could a condition of returning to work

13 Providing support NON-JUDGEMENTAL CONVERSATION Having an open conversation where people feel secure is important, asking someone if they are concerned about the upcoming test is a good opener PRAGMATIC APPROACH Understand that being off work and experiencing trauma are both risk factors for substance use with it potentially being a coping mechanism REFERRAL TO ADDITIONAL SUPPORT IF NEEDED If someone is struggling to reduce or stop their use and want support there is self help, counselling, community out-patient and community in-patient care

14 Workplace accident Your persona is involved in a workplace accident requiring time off work Are they using more substances (think about medications)? Have their patterns of use changed? Have their motivations for use changed?

15 Overcoming the barrier of drug testing It is time for them to go back to work and a drug test is a condition of starting You are concerned that they will fail the drug test As group think about how you would approach this

16 Resources Employment Agreement Builder is useful for employers when developing policies and procedures een/ DrugHelp online self-help for people wanting to stop or reduce their use. Also physical resources for methamphetamine and cannabis Alcohol and Drug Helpline for further information or referral into community based addiction service

17 Eight Point Plan for Action on Alcohol-Influencing the policy debate