DRUG AND ALCOHOL POLICY

Transcription

1 McKENZIE & PARMA ("McKenzie & Parma") DRUG AND ALCOHOL POLICY ALBANY NEW ZEALAND D KLC 14/03/2016

2 TABLE OF CONTENTS 1. PURPOSE AIMS DEFINITIONS GENERAL TESTING PRE-EMPLOYMENT TESTING POST ACCIDENT/ INCIDENT TESTING REASONABLE CAUSE TESTING RANDOM TESTING DRUG TESTING SERIOUS MISCONDUCT FOLLOW UP TESTING ALCOHOL IN THE WORKPLACE ALCOHOL TESTING PROCEDURE EDUCATION AND TRAINING REHABILITATION SEARCH AND SURVEILLANCE PRIVACY ACT/CONFIDENTIALITY... 1 Schedules Confirmatory Test Cut-Off Concentrations For Drugs:... 1 Schedule A Reasonable Cause Indicators... 1 Schedule B Drug & Alcohol Rehabilitation Contract... 1 Appendix 1 Pre-Employment Testing... 1 Appendix 2 Post Accident/Incident Testing Flowchart... 1 Appendix 3 Reasonable Cause Testing Flowchart... 1 Appendix 4 Post Accident/Incident, Reasonable Cause Flowchart Pi/Rc 1 & Random Testing... 1

3 1 INTRODUCTION McKENZIE & PARMA (McKenzie & Parma) is committed to creating a drug and alcohol free workplace to safely achieve its business objectives. This commitment: A. promotes employees wellbeing, health and safety B. creates a work environment where employees feel safe C. recognises the importance of satisfying the client and providing quality service D. improves business performance including management of business risk and associated costs E. supports the requirements to comply with McKenzie & Parma Drug & Alcohol Policy Persons covered The Drug & Alcohol Policy and its procedures will apply to all employees and workers of McKenzie & Parma, as well as to its sub contractors. McKenzie & Parma will support its staff in achieving this goal through the following initiatives: Education/ Training Drug & Alcohol Programme will be supported by educational material and training conducted in house and/or by recognised specialists. Pre-employment Testing Offers of employment are conditional on applicants returning a negative drug and/or alcohol test. Post-Accident/ Incident Testing Employees may be tested for the presence of drugs and/or alcohol when they are involved in an incident or accident where their actions may have contributed to the event. In cases of serious incidents or accidents then a mandatory test will usually be required. Reasonable Cause Testing Employees may be tested for the presence of drugs and/or alcohol where their actions, omission, appearance, behaviour or conduct suggests drugs and/or alcohol may be affecting them or impacting on their ability to work effectively and safely Random Testing Employees may be randomly selected for testing for the presence of drugs and/or alcohol in house and usually by an independent service provider. Serious Misconduct Employees that are observed using, taking, selling, supplying or being in the possession of drugs and/or alcohol at work, whether or not engaged in duties, will usually be considered to have engaged in serious misconduct and shall be subject to McKenzie & Parma's disciplinary procedures. An Employee that returns a 'not negative' or positive drug and/or alcohol test will usually be stood down from duties as a precaution, and possibly suspended for a period at the Employer's discretion pending further investigation, tests or steps. Employees refusing to consent to and/or submit to such drug/alcohol testing will also be subject to disciplinary procedures.

4 2 Rehabilitation (optional) McKenzie & Parma may assist with a Drug and Alcohol Rehabilitation Programme for an employee who either voluntarily asks for assistance prior to taking a company drug test, and/or who returns a positive test for drugs and/or alcohol for the first time under this policy if their employment is not terminated and subject always to the company's discretion. Follow Up Testing (optional) Follow up testing will usually occur at an employee resuming duties, after a first positive test and any period of rehabilitation granted (if any), and where the employee has progressed to the stage where he or she is fit to resume normal duties and has returned a negative test prior to resuming duties. A follow up test may occur after an employee resumes duties.

5 3 DRUG AND ALCOHOL POLICY 1. PURPOSE The purpose of this policy and procedures guide is to address the possibility that McKenzie & Parma's workplace safety and the safety of its Employees may be adversely affected or compromised by people who have unacceptable levels of drugs and/or alcohol in their system. 2. AIMS 2.1 To create a drug and alcohol free workplace 2.2 To attempt to ensure that both McKenzie & Parma and its Employees comply with their legal obligations, and their obligations to each other 2.3 To only recruit staff who comply with McKenzie & Parma's policies 2.4 To provide quality customer service 2.5 To consider supporting staff with alcohol and/or drug problems through assistance or rehabilitation 3. DEFINITIONS "Adulteration" means the changing of, or the interference or tampering with, the specimen or its integrity in any way, and includes deliberate use of a substance to compromise, or attempt to compromise, the integrity of urine in order to attempt to invalidate, undermine or beat the drug test (for example, but not limited to specimen dilution, using a masking agent, or providing a substitute urine sample) and includes changing, invalidating, or undermining the collector and/or the collection procedure. "Accredited Laboratory" means a testing facility accredited against AS/NZS4308 at which the analytical procedures are carried out to screen for and/or confirm the presence of a specific drug or metabolite. "Alcohol" means any beverage or consumable substance that contains ethyl alcohol including but not limited to beer, wine, pre-mix drinks, distilled spirits and other spirits. "Chain of Custody" means a procedure to account for the integrity of each specimen by tracking its handling and storage from the point of specimen collection to final disposal of the urine (urine being the sample specimen method). Chain of Custody forms are used to document the data from the time of collection of the specimen, throughout the on-site screening process and (where required) to its receipt and dispatch by the relevant laboratory. Thereafter, appropriate laboratory data systems and documentation usually account for the handling of the urine or aliquots within the laboratory. "Collector" means a person who has successfully completed NZQA qualifications demonstrating compliance with AS/NZS 4308: 2008 for specimen collection, handling, storage and dispatch of specimens, 'on-site' screening, and has received a statement of attainment in accordance with NZQA.

6 4 "Company" means McKENZIE & PARMA (McKenzie & Parma) "Company Business" means work, duties and/or services performed or to be carried out by any person for or on behalf of the Company, whether as an employee, worker or subcontractor, and includes work undertaken on the Company's premises or elsewhere for its clients or agents, and includes driving on public or private roads for the purpose of work. "Drug" means any controlled drug, controlled drug analogue, controlled substance, mind altering substance or any synthetic drug which causes and/or has the potential to cause a risk of safety in the workplace, and includes any article as listed in the AS/NZS 4308:2008 procedures for specimen collection and the detection and quantitation of drugs of abuse in urine (or successor standard), and for this policy are generally described as either a Legal Drug, Illicit and Restricted Drug, or Misused prescription drug: "Legal drug" means medication prescribed by a medical practitioner for that person or non-prescription 'over the counter' medication. "Illicit and restricted drug" means any substance identified in the NZ Misuse of Drugs Act (1975), and amendments and additions, including but not limited to, opiates (i.e. heroin, morphine), cocaine, cannabinoids and amphetamine-type substances (methamphetamine, P, ecstasy, speed, benzylpiperazine (BZP)) and LSD. "Misused prescription drug" means the misuse of legal drugs (ie over dose), use of legal drugs not prescribed for that user, and misuse of prescription drugs, e.g. benzodiazepines (tranquillisers and sedatives) are also deemed as illicit for use in the workplace. "Employee" means a person employed by McKenzie & Parma as permanent (part-time or full time) employee, casual employee and/or worker, and includes the terms person, donor, staff, and/or individual where the context so requires. Any Contractor, Sub-Contractor or Volunteer of McKenzie & Parma is also expected and may be required to comply with this policy and its procedures, as well as any applicant for employment. "Negative Drug test" means the absence of drugs in urine specimens. "Positive Drug test" means a specimen resulting in either a not Negative Drug test or a 'not negative' screen for a drug, or an indication that the specimens integrity is suspect as provided by the AS/NZS 4308:2008 verified onsite screening device or at an accredited laboratory. "Random testing" means the random selection of employees to be tested, from a work site(s) at a random time, unannounced and without prior warning/notice, and includes where all employees on that selected site will be tested or all employees within a particular work group will be tested, and also a re-test within a certain period. "Refuses to consent" means words, behaviour or conduct that includes, but is not limited to, the following: failure or omission to present, participate in, undertake and/or submit to a test for Drugs and/or alcohol, whether deliberate or otherwise. Failing to advise, in a timely way, of an accident/incident where the nature of the accident/incident is such that it might require alcohol or drug testing.

7 5 (d) (e) (f) Inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation. A maximum of 1 hour 30 minutes is the limit for providing a urine specimen. Adulteration, or attempted adulteration of the specimen or collection procedure. Not co-operating with the Collector or the Chain of Custody procedures. Leaving the scene of an accident without a valid reason before the test has been conducted. "Safety-sensitive" or "safety-critical " means a position/role where there is a significant and foreseeable risk of injury, and these include: All McKenzie & Parma's industrial roles, excluding solely administrative positions Roles involving duties where serious harm has occurred historically. "Sample" means a portion or aliquot taken from the specimen on which the test or assay is actually carried out. "Serious Misconduct" means being under the influence of, and/or the use, taking, selling, supplying or being in possession of drugs or alcohol at work or in the workplace (other than alcohol supplied by the company at a company controlled function with management approval), and includes but is not limited to: (d) a positive drug test; adulteration; using any vehicle whilst under the influence of alcohol over the legal limit whilst outside of work, or any alcohol during work hours or on duty; any act, neglect, conduct or behaviour that may bring the company into disrepute. 4. GENERAL 4.1 Employees who take legal drugs (prescription or non-prescription) that may affect their job performance must report such use to their immediate supervisor before beginning their workday. Such drugs may be allowable if the prescribing medical practitioner has determined that they are consistent with safe performance of the employee s duties and are being used at the prescribed dosage. 4.2 McKenzie & Parma reserves the right to require the provision of an alternative professional opinion on whether the prescription or non-prescription legal drugs will impair job performance or safety. 4.3 When the usage of legal drugs will impair an Employee s job performance or safety, the manager will then determine whether the Employee will be assigned to other duties, be required to take sick leave, or consider other options as appropriate.

8 6 4.4 The following are strictly prohibited by an Employee: (d) (e) (f) The use, sale, supply, transfer or possession of a drug. The use, sale, supply, transfer or possession of alcohol (excluding alcohol at controlled functions with McKenzie & Parma management approval). Reporting to and undertaking work with risk amounts of drugs or alcohol in the Employee's system. To have a level of drug(s) in the Employee's system higher than the accepted levels as prescribed by AS/NZS 4308/2008 (or subsequent standard). To have a level of breath alcohol level of alcohol above 100 micrograms of alcohol per litre of breath. This is equivalent to zero alcohol tolerance. Compromising or attempting to compromise the integrity of the urine specimen or the testing process. 4.5 Any of the circumstances or conduct in the preceding paragraph above will be deemed to be Serious Misconduct. 5. TESTING Work place Drug and Alcohol testing will occur in the following circumstances: 5.1 Pre-employment testing All applicants for employment with McKenzie & Parma must pass a workplace drug and alcohol test. This includes changing jobs from a non-safety-sensitive to a safety-sensitive role within McKenzie & Parma. Any offer of appointment is contingent on the applicant returning a negative drug test. 5.2 Post-accident/post incident testing Employees involved in any significant accident or incident are tested immediately. 5.3 Reasonable Cause Testing - Employees are tested where their actions, omission, appearance, behaviour or conduct suggests drugs and/or alcohol may be affecting them or impacting on their ability to work effectively and safely 5.4 Random Testing Employees involved in safety-sensitive operations are tested on a random testing basis. 5.5 Follow up testing Occurs after rehabilitation has been progressed to the stage when the employee is fit to resume normal duties and has returned a negative test. 5.6 Client or Customer Request If the Company's clients or customers, or prospective clients or customers, request that an employee/contractor submit to drug and alcohol testing. The procedure will follow clause 9.2 of this Policy (and Appendix 4).

9 7 6. PRE-EMPLOYMENT TESTING 6.1 Employment is conditional Offers of employment are contingent on an applicant returning a negative drug and alcohol test. Any applicant refusing to take the drug test will not be considered for employment. An applicant shall not be an employee of McKenzie & Parma unless they have undertaken a test, and returned a negative test result, and shall not commence employment until a negative drug test has been returned. 6.2 Procedure (see flowchart: appendix 1) (d) (e) Applicant is informed that any offer of employment is subject to a health check which includes a drug test (and alcohol) screening test. Prior to an applicant being offered employment they will be required to sign an informed consent form. The applicant will be directed to a NZQA qualified specimen collector and On- Site screener to collect the urine and conduct an on-site screening test. The applicant must provide verification of ID (e.g. driver s licence, passport) and provide a specimen. Any specimen giving either a not negative screen for a drug class or an indication that the integrity is suspect will be forwarded to the accredited laboratory for confirmatory testing. 7. POST ACCIDENT/ INCIDENT TESTING 7.1 Circumstances An Employee may be tested for the presence of drugs and/or alcohol where they are involved in any of the following circumstances affecting Employees or customers: (d) An incident involving death or a lost time injury. An incident requiring treatment by a medical professional. An incident or near miss that had the potential to cause serious harm or loss. An incident involving damage to vehicle, property, plant or equipment. 7.2 Procedure for test (see flowcharts: appendices 2&4) Consent for testing must be given in writing by the person to be tested (donor). The manager or the supervisor of the donor must: Determine whether there is sufficient cause to test for drugs/ alcohol. If the accident/ incident is sufficiently serious, the testing should be automatic for any person involved. McKenzie & Parma will determine at its discretion which event requires or will result in a mandatory test. Assess whether it is practical to require a test (see emergency situations).

10 8 (d) (e) (f) (g) (h) (i) Advise the donor that they are required to undergo the test and advise them that they may consult their representative at this time, but the testing cannot be delayed. (NB: If possible, the alcohol test should be conducted within 1 hour and the urine specimens collected for drug tests within 3 hours). Obtain written consent from the donor. Arrange for the donor to be accompanied at all times and escorted to the designated NZQA qualified collector and on-site screener and trained breath testing provider. The accompanying person will be required to ensure that the donor has independent verification of identity (ID) available for documenting on the chain-of-custody form. (NB: The accompanying person personally verifying the donor s ID is not considered unequivocal independent certification). If the alcohol breath test and the urine on-site screening tests are negative, the employment relationship may continue as usual provided it is determined that further testing is not required. if the alcohol breath test is positive, the urine drug screen is conducted and the donor is then removed from the employment site, and usually suspended from employment (either with or without pay) until a disciplinary hearing. If the urine specimen returns a not negative screening result or its integrity is suspect, then the donor is removed from the employment site until the confirmed test results are available from the accredited confirmatory laboratory. McKenzie and Parma may stand the employee down on ordinary pay until receipt of confirmation of the result. In the event of a confirmed positive result the employee agrees that McKenzie and Parma shall be entitled to treat the standdown period as annual leave ( and make deductions from the Employee s accrued leave entitlements accordingly ). The employee may be subject to a disciplinary interview. Employees will be required to use leave entitlements for absences during this period. If no leave is owing, the employee will need to take leave without pay, until they are fit to return to work. McKenzie & Parma will consider and may forward any onsite specimens to the accredited confirmatory laboratory for laboratory testing regardless of the screening result. McKenzie & Parma may also request that the specimen is tested at the laboratory for additional drugs which are not normally covered by the on-site screening procedure. 8. REASONABLE CAUSE TESTING 8.1 Circumstances A person may be tested for drugs and/or alcohol where a manager or supervisor determines that the person s actions, omission, appearance, conduct or behaviour suggest that they may be impaired or affected by drugs or alcohol. It is recommended (where possible) that the manager or supervisor obtains a second opinion. Some reasonable cause indicators & grounds for testing are listed in Schedule A. Normally there would be more than one indicator to support this judgement.

11 9 8.2 Procedure (see flowcharts: appendices 3&4) When McKenzie & Parma determines there is reasonable cause to test a person for drugs and/or alcohol, the manager/ supervisor must: (d) Advise the donor that they are required to undergo the test and advise them that they may consult their representative at this time, but the testing cannot be delayed. (NB: If possible, the alcohol test should be conducted within 1 hour and the urine specimens collected for drug tests within 3 hours). Obtain written consent from the donor. Follow the requisite procedures (See 10.2 c-i). Refusal to consent 8.3 Refusal to Consent Where a donor refuses to consent to undergo a test, the refusal shall be treated as potentially serious misconduct and the appropriate disciplinary procedures may be applied. 9. RANDOM TESTING 9.1 Circumstances Random testing will be undertaken periodically as a deterrent to drug and alcohol misuse. A randomly selected sample of employees will be notified that they are to participate in a drug and alcohol test OR a date and time will be randomly selected and all staff on-site will be notified that they are to participate in a drug and alcohol test. A minimum of 25% of total employees will be randomly tested over a 12 month period. The selection process will be contracted out to an external service provider. 9.2 Procedure (Appendix 4) The person delegated the responsibility for managing the random testing process will: Advise the Employee they have been randomly selected and ask for consent. Arrange for the Employee to be accompanied at all times and escorted to the designated collector and trained breath alcohol testing provider. The accompanying person will be required to ensure that the Employee has independent verification of identity (ID). Follow the requisite procedures. The accompanying person personally verifying the employee s ID is not considered independent verification of ID. 10. DRUG TESTING 10.1 All aspects of the testing procedure will be: Carried out in a confidential manner.

12 10 Carried out according to the strict criteria of AS/NZS 4308/2008 "Procedures for the collection, detection and quantisation of drugs of abuse in urine" (or any future updates) Procedure for Emergency Situation Where it is not practicable for a test to be carried out immediately due to the injuries to the individual or where other corrective actions are required (injury, fire, spill etc), the manager or supervisor must: Attend to the other corrective actions. Ensure that a McKenzie & Parma representative accompanies the donor to the hospital/doctor so that the required tests can be carried out as soon as practicable. If the injuries preclude immediate tests, ensure the tests are carried out at the first practicable opportunity Admission or screening risk If there is an admission of drug use immediately prior to testing, or at the point of the screening process the Employee has been identified as a risk then, in order to manage risk: the Employee will usually be stood down from duties as a precaution, pending the results from the laboratory (2-5 working days) and this suspension shall be for a period at the Employer's discretion pending further investigation, tests or steps, and whether stood down on full pay or not. On the results being returned from the laboratory: (i) (ii) If the result is negative - the Employee shall return to work/duties, having had those days off on ordinary pay, or pay to be back dated. If the result is positive - the matter is one of potential 'serious misconduct', and the Employee shall not return to work/duties until such time as they have provided a negative test. A re-test may take a few days, or up to up to weeks. At the Employer's discretion the Employee may be invited to take leave without pay, or on pay if any leave entitlement is available Refusal to consent to undergo test Where a donor refuses to consent to undergo a test, the refusal shall be treated as potentially serious misconduct and the appropriate disciplinary procedures may be applied. 11. SERIOUS MISCONDUCT 11.1 McKenzie & Parma considers the following to be potentially serious misconduct: Admission of drug use;

13 11 (d) A positive drug test; A refusal to consent to undergo a test and/or Adulteration If there is an admission of drug use, a positive drug test, an adulteration, or attempt to adulterate, then this conduct will result in disciplinary action under McKenzie & Parma's disciplinary procedures: (d) For 'serious misconduct' the disciplinary outcome will normally be an immediate dismissal from employment. Subject always to above, for a first positive test result the Employee may, at the discretion of McKenzie & Parma, be offered the opportunity to be referred to external assistance (i.e. a drug and alcohol rehabilitation programme) and only if the individual wishes to continue to be employed/engaged by McKenzie & Parma. If the Employee refuses or fails to attend and/or complete any rehabilitation programme, the disciplinary procedures will normally apply and the outcome may include a dismissal from employment. If the Employee tests positive for the second time, the disciplinary procedures will apply and the outcome will normally be an immediate dismissal from employment. 12. FOLLOW UP TESTING 12.1 Progress and results for workplace drug and alcohol testing should be audited on a regular basis. 13. ALCOHOL IN THE WORKPLACE 13.1 Alcohol Tolerance A positive test is defined where the level of alcohol in the Employee s system is higher than 100 micrograms of alcohol per litre of breath (Zero Alcohol Tolerance) Social Events McKenzie & Parma is committed to providing a discrimination free workplace as part of its commitment to this all social events will be inclusive and non-denominational. Any social activities will be directed towards team building and celebration. Employees will be allowed to not participate should they so choose. Attendance is entirely voluntary at social events and non-participation will not be noted by McKenzie & Parma in any way. Alcoholic beverages may be served or consumed at social events in designated areas, with prior approval. Employees are to be reminded to be inclusive when planning their own office events with their co-workers.

14 Responsible Host McKenzie & Parma promotes safer workplaces but also understand the importance of being able to have the flexibility in providing company functions. It is the intention of this policy to make it clear to Employees that: Managers must take responsibility for the way in which alcohol is managed in their workplace. Employees must take personal responsibility for the way in which they use alcohol when they are at a company function or event, or when they are representing the company. Certain behaviours associated with alcohol use is prohibited by the Company and may amount to serious misconduct Best practice guidelines (d) (e) (f) (g) McKenzie & Parma should restrict and monitor the amount of alcohol consumed by each guest. Food, low alcohol beer and non-alcoholic drinks should be provided. Encourage employees to drink responsibly and remind them that drink driving is strictly prohibited by the company and against the law. Ensure that supervisors and managers are assigned to monitor alcohol consumption during the event. In the event that the designated person leaves the function they must delegate responsibility to another appropriate person. A designated area and clear time limits should be stipulated and adhered to. Managers should take into consideration that their approach to alcohol in the work place plays a key role in setting an example to staff as to what is acceptable. Regular social club or after work drinks held on site are a privilege and not a right. As such the protocol for such events should be clearly defined in writing (including the consequences of not adhering to that protocol) and observed careful consideration must be given to alternative transportation arrangements Guidelines for Employees Whether a social event in which alcoholic beverages are served, takes place during regular work hours or after, on site or off, the social event is a work-related activity. The events that take place at a social event whether on work premises or not will have the same legal/disciplinary repercussions as the same conduct arising on McKenzie & Parma's property. All Employees must take personal responsibility for their own behaviour and actions with regard to the consumption of alcohol at Company functions and events, and other occasions. Due consideration must be given to: Personal and collective health and safety at all times

15 13 The requirements for employees to meet the same standard of behaviour from them in their ordinary workplace. Drinking to excess will not be considered as an excuse for failing to meet this standard. The need for Employees to present themselves for work in a fit and proper state Alcohol Consumption Employees must abide by this Policy at any social event at which alcoholic beverages are served. Employees are responsible for ensuring that they remain in a condition to be able to get home safely and ensure that if they are required to work the following day that they are not in breach of this Policy upon their return. 14. ALCOHOL TESTING PROCEDURE 14.1 All aspects of the testing procedure will be carried out in a confidential and private manner. The test for alcohol will be carried out by using a breath alcohol testing device, which complies with the AS3547:1997/Amendment (Type 2), for the measurement of alcohol. The person conducting the test will have been trained in the procedures and use of the testing device. (d) (e) (f) (g) The Employee will be closely observed for 10 minutes prior to the test to ensure they have not taken any fluid, food or other substances into the mouth. An Alcohol Testing Informed Consent Form will be signed. The first test will require the Employee to blow/speak into the device. If the result is negative no further test follows. If the result is positive, a confirmatory test on the same device (using a new mouthpiece) will be conducted after a minute period. The person must be supervised (as described above) during this period. The time and result will be recorded. The Employee and person conducting the test will sign acknowledgment of the result and time. 15. EDUCATION AND TRAINING 15.1 Education material, which supports this drug and alcohol policy, will be available to Employees. Training for selected managers and supervisors will also be made available at McKenzie & Parma's discretion.

16 REHABILITATION 16.1 Employees will be offered the opportunity to voluntarily join McKenzie & Parma's nominated drug and alcohol rehabilitation programme. This opportunity is not an option nor normally offered to an employee after they have been requested to consent to a drug or alcohol test In the event of a positive test McKenzie & Parma may, at its sole discretion, offer the opportunity to participate in a drug and alcohol rehabilitation programme. Failure to take participate or complete the programme may result in disciplinary action under McKenzie & Parma's disciplinary procedures which may include dismissal Where a rehabilitation programme is offered a rehabilitation plan will be agreed with the Employee. This will include a decision on who funds the rehabilitation and the rehabilitation period (usually less than 4 weeks and usually at the employee's cost). A rehabilitation contract may be required, and the Employee shall use leave entitlements or be subject to leave until he/she returns a negative drug/ alcohol test, and is considered fit to return to work 17. SEARCH AND SURVEILLANCE 17.1 In order to further assist with achieving the objectives set out in this policy, McKenzie & Parma may undertake search and surveillance. In particular: where reasonable cause of drug/alcohol possession is established, McKenzie & Parma may search any property in the possession or control of any person within McKenzie & Parma's premises or within the premises of any client or customer of McKenzie & Parma, and search any area within McKenzie & Parma's premises and/or area of any client or customer of McKenzie & Parma. This may include offices, vehicles, workstations, production areas, lockers, and storage areas. McKenzie & Parma may operate electronic surveillance equipment (including covertly) within McKenzie & Parma premises at any time. For the avoidance of doubt, by bringing personal property onto McKenzie & Parma premises, a person is deemed to have consented to his or her property being searched or inspected in accordance with this policy. 18. PRIVACY ACT/CONFIDENTIALITY 18.1 All information gathered as a result of drug and/or alcohol testing is collected for the purpose of implementing McKenzie & Parma's policy and achieving its objectives A manager may disclose relevant confidential information relating to a test and its result(s) to the Employee's relevant manager/supervisor without consultation with the Employee. All information gathered as a result of testing shall otherwise be held in confidence unless express consent for disclosure is given by the Employee or

17 15 disclosure is required by law. The information will be held for the duration of the individual's employment or longer as deemed necessary by the company A breach of confidentiality under this policy will be regarded as a breach of the House Rules of Conduct and disciplinary action may follow Safe reporting If an Employee feels unsafe working with one of their colleagues because they suspect he/she is in breach of this Policy, that Employee, should refer the matter to any supervisor or manager of McKenzie & Parma. Such information will be kept in confidence and that Employee s identity will, where possible remain anonymous.

18 16 CONFIRMATORY TEST CUT-OFF CONCENTRATIONS FOR DRUGS: AS/NZS 4308:2008 Compound Morphine Codeine 6-Acetylmorphine Amphetamine Methylamphetamine Methylenedioxymethylamphetamine Methylenedioxyamphetamine Cut-off level (micrograms/litre) Benzylpiperazine* 500 Ephedrine* 500 Phentermine * 500 Pseudoephedrine* nor- 9- tetrahydrocannabinol-9- carboxylic acid 15 Benzoylecgonine 150 Ecgonine methyl ester Oxazepam Temazepam Diazepam Nordiazepam α-hydroxy-alprazolam 7-amino-clonazepam 7-amino-flunitrazepam 7-amino-nitrazepam * These drugs may be optionally tested within each class and the specified cut-off levels shall apply.

19 17 SCHEDULE A REASONABLE CAUSE INDICATORS When assessing for reasonable cause, there will usually be more than one indicator present. Examples of reasonable cause include, but are not limited to the following: physical sign breath, body odour, clothes slurred speech unsteady on feet eyes: bloodshot, dilated pupils, pin-point pupils excessive sweating flushed/ red complexion loss of weight unusual or out of character on-site behaviour continual involvement in small accidents or inattention obvious continual drop in performance changes in personality or mood swings excessive lateness absences often on Monday, Friday or in conjunction with holidays increased health problems or complaints about health emotional signs: outbursts, anger, aggression, mood swings, irritability paranoia changes in alertness difficulty with attention span changes in appearance clothing, hair personal hygiene less energy feigning sickness or emergencies to get out of work early going to the bathroom more than normal defensive when confronted about behaviour dizziness hangovers violent behaviour impaired motor skills impaired or reduced short term memory reduced ability to perform tasks requiring concentration and co-ordination intense anxiety or panic attacks or depression impairments in learning and memory, perception and judgement

20 18 McKENZIE & PARMA SCHEDULE B DRUG & ALCOHOL REHABILITATION CONTRACT Employee Name. I.. acknowledge that I have entered into a McKenzie & Parma rehabilitation plan and my continued employment with McKenzie & Parma is subject to the following: I am committed to full participation in the Plan with the service provider(s) specified by McKenzie & Parma. I authorise the service provider to release the following information to McKenzie & Parma: Whether I have kept appointments Whether the service provider has recommended a course of treatment Whether I am following that course Whether a return to work is appropriate and within what timeframe I authorise McKenzie & Parma to permit the service provider to discuss results of drug and/or alcohol tests, undertaken during rehabilitation, with the accredited laboratory and medical advisor (if available). I agree to take this course outside work hours or use leave entitlements if required to participate during work hours. I agree to take six (6) subsequent drug/alcohol tests in the 24 months following treatment and agree that the results are to be released to my employer. I accept that if (whether I have completed the required treatment and/or whether return to work is to full or alternative duties): I do not attend the course; or On any future occasion, including the subsequent tests above I return a positive drug test; and/or I refuse to take any of the subsequent tests the consequence may be dismissal without notice. I accept the terms of this contract, which I acknowledge may be in addition to the terms of my current employment agreement and agree to be bound by both contracts. Employee Regional Manager. Witness Date..

21 19 APPENDIX 1 PRE-EMPLOYMENT TESTING Manager informs applicant that job offer conditional on satisfactory drug test Applicant refuses test Applicant signs written consent to test Manager advises that conditions not met and that offer cannot be continued Manager arranges test through NZQA qualified collector, "on sitescreener Test results positive Test results negative Manager proceeds with offer of employment END

22 20 APPENDIX 2 POST ACCIDENT/INCIDENT TESTING FLOWCHART Accident / incident investigation Manager determines whether to test Not sufficient reason Sufficient reason Employee seriously injured No Yes Employee returns to work Manager asks employee(s) to consent to test Employee accompanied to medical END Go to Post Incident /Reasonable Cause Employee sufficiently recovered

23 21 APPENDIX 3 REASONABLE CAUSE TESTING FLOWCHART Employee s performance affected Manager observes or is informed Manager investigates & determines whether to test Not sufficient reason Sufficient reason Employee returns to work Manager asks employee(s) to consent to test END Go to App 4

24 22 APPENDIX 4 POST ACCIDENT/INCIDENT, REASONABLE CAUSE FLOWCHART PI/RC 1 & RANDOM TESTING Employee asked to consent to test Refuses Agrees & signs written consent to Not negative : drugs or specimen integrity Employee accompanied to AS/NZS 4308:2008 NZQA qualified collector & on-site screener DISCIPLINARY PROCEDURE Specimen sent to accredited laboratory for confirmatory testing. Employee stood down on pay. Positive alcohol Test results received by Manager Employee informed of results by Manager Positive drugs, alcohol or tampered with Disciplinary Interview Negative drugs or alcohol Employee returns to work Rehabilitation not offered: specimen tampered with 2 nd positive company discretion Rehabilitation may be offered for 1 st positive END Declined Accepted Rehabilitation contract signed and rehabilitation commenced