Alcohol, Tobacco and Other Drugs Minimum Standard April 2015 Contents 1 Executive Summary... 2 2 More Information... 2 3 Using this Standard... 2 4 Standard Provisions... 2 4.1 Legislative Requirements... 2 4.2 Duty of Care... 2 4.3 Illicit drugs... 3 4.4 Prescription and over-the-counter drugs... 3 4.5 Smoke free areas (tobacco)... 3 4.6 Consumption of alcohol on University property (non-licensed premises)... 3 4.7 Use of University vehicles... 4 4.8 Counselling and Rehabilitation... 4 4.9 Non-compliance... 4 5 Responsibilities... 4 6 Glossary... 5 7 Supporting Documentation... 8 8 Versioning... 8 Responsible Officer Executive Director Human Resources Approved by Executive Director Human Resources Approved and commenced April 2015 Review by April, 2018 Relevant Legislation, Ordinance, Rule and/or Governance Level Principle the Standard supports Responsible Organisational Unit Work Health and Safety Act 2012 Work Health and Safety Regulations 2012 Work Health and Safety Policy Work Health and Safety Unit Human Resources Alcohol, Tobacco and Other Drugs Minimum Standard (April 2015) Page 1
1 Executive Summary The University of Tasmania is committed to minimising the risk from the use of alcohol, tobacco and other drugs which may impact on the work health, safety and wellbeing of all persons whilst engaged in University of Tasmania activities. 2 More Information For further information, contact. Email: health.safety@utas.edu.au 3 Using this Standard This Standard applies to all University staff, students, volunteers, contractors and other persons engaged in University activities (including visitors). An exemption from any of the requirements in this Standard may only be approved by the Work Health and Safety (WHS) Unit, following completion of a risk assessment and consultation with the relevant Organisational Unit head. Persons engaged in University business must not be adversely affected by alcohol and/or other drugs. In particular, persons engaged in University business must comply with the Minimum Standard requirements. 4 Standard Provisions 4.1 Legislative Requirements All persons at a University of Tasmania workplace must comply with the Work Health and Safety and other legislation applicable to the State or Territory where the University undertakes operations. In Tasmania the legislation includes: Work Health and Safety Act 2012 Public Health Act 1997 Road Safety (Alcohol and Drugs) Act 1970 Liquor Licensing Act 1990 University of Tasmania Act 1992 and University of Tasmania By-Laws. 4.2 Duty of Care Under the Work Health and Safety Act 2012 (the Act) the University, as a Person Conducting Business Undertaking (PCBU) has a primary duty of care under Section19 of the Act to ensure, so far as reasonably practicable, the health and safety of workers and other persons. Under the Act: Officers have a duty under Section 27 of the Act to ensure the University complies with its primary duty of care Workers have a duty under Section 28 of the Act to take reasonable care for his or her own health and safety and that his or her acts or omissions do not adversely affect the health and safety of other persons. This includes complying with instructions and cooperating with policies and procedures Alcohol, Tobacco and Other Drugs Minimum Standard (April 2015) Page 2
Other persons have similar duties under Section 29 of the Act. 4.3 Illicit drugs No person shall unlawfully possess, use, be under the influence of, sell, or distribute illicit drugs while engaged in University business, or on University premises. 4.4 Prescription and over-the-counter drugs The possession and/or use of medications is only permitted for: prescription drugs where prescribed by a medical practitioner or over-the-counter (OTC) drugs as permitted by law (i.e. for legitimate medical reasons) and only when taken in accordance with the recommended dosage and directions. If a University worker is taking any prescription / over-the-counter drug likely to affect their safety or the safety of any other person at the University, they must discuss the possible side effects with their doctor or pharmacist in relation to the type of work they perform. The following conditions apply: if there are no side effects likely to affect safety, workers do not need to notify their supervisor or manager of any details if there are any side effects likely to affect safety, the worker is required to notify their manager or supervisor of the side effects only (not the type of medication or reason for taking), before engaging in University business. An assessment to determine their capacity to safely undertake normal or suitable alternative duties is required including consultation with the treating health professional. An example of a side effect requiring notification is drowsiness when driving if a worker is required to drive a car when undertaking University business. Further advice is available from the WHS Unit (health.safety@utas.edu.au). 4.5 Smoke free areas (tobacco) In accordance with University By-laws 1993, smoking is prohibited in the following areas: 1. all smoke-free areas as defined in section 67B of the Public Health Act 1997 Tas. (the Act) and 2. all vehicles in accordance with the restrictions on smoking in vehicles as defined in Section 67(H) of the Act and 3. any area occupied or controlled by the University and designated by the University as a smoke-free area in accordance with section 67B(1)c) of the Act. Smoke-free areas are designated in the University s Smoke-Free Minimum Standard. 4.6 Consumption of alcohol on University property (non-licensed premises) The consumption of alcohol on University property must be managed in accordance with the University Safe Consumption of Alcohol Policy. An Application for a University Liquor Permit form must be completed and approved prior to any function to be held on University property (other than Licensed Premises) where alcohol will be consumed, in accordance with the following: Alcohol, Tobacco and Other Drugs Minimum Standard (April 2015) Page 3
forms must be submitted by the organiser of the function at least 7 days prior to the date of the function and approved functions must be managed in accordance with the University Safe Consumption of Alcohol Policy. 4.7 Use of University vehicles A person driving a University Authorised Vehicle must not: drive under the influence of alcohol, or illicit drugs drive under the influence of a prescribed or over-the-counter legal drug with side effects known to adversely impact safety exceed the legislative limits prescribed for blood alcohol content (BAC) levels permit any smoking in the authorised vehicle at any time. Approval must be given prior to any alcohol being transported in University vehicles and consumed on any field trip undertaken by staff and/or students for the purposes of teaching or research, in accordance with the University Safe Consumption of Alcohol Policy. 4.8 Counselling and Rehabilitation Staff members who recognise they have a problem with alcohol and/or other drug usage are encouraged to seek assistance through the Employee Assistance Program (EAP) staff counselling service. Counselling and rehabilitation may be identified and mandated by the University as a corrective action following an alcohol and/or other drug related incident involving a University staff member. Issues to be considered and agreed upon include: the counselling/rehabilitation provider to be used and scheduling (e.g. frequency and timing) responsibility for travelling and other incidental expenses and provision of progress reports from the provider. University counsellors offer confidential and professional counselling to students experiencing a range of personal concerns. 4.9 Non-compliance The University prohibits smoking in all smoke-free areas, as proscribed in the University By-Laws. It is an offence under the Public Health Act to smoke in any smoke-free area described in section 67B of the Act which includes any smoke-free area designated by the University. Any breach of this Standard including possession, use and supply of illegal drugs in the workplace, may result in disciplinary action. In the case of incidents involving staff members, disciplinary action may be taken in accordance with the University s Staff Agreement. 5 Responsibilities Managers/Supervisors are responsible for ensuring they: Alcohol, Tobacco and Other Drugs Minimum Standard (April 2015) Page 4
inform workers and other persons under their control, management or direction of this Standard and relevant smoke-free areas inform any person smoking in a smoke-free area that they are committing an offence in accordance with the Public Health Act 1997 and are in breach of the University By-Laws, and request them to cease smoking request any person failing to cease smoking in a smoke-free area to leave the smoke-free area report incidents where a person fails to leave a smoke-free area when requested to do so to Security as soon as practicable request the removal of a person from the University they have reasonable grounds for believing is putting themselves or others at risk by being incapable of safely performing their duties due to the effects of alcohol, drugs or illness review any work restrictions relating to the taking of prescription or over-thecounter drugs and determining if suitable duties are available. Function Organisers are responsible for: Completing and submitting an Application for a University Liquor Permit if organising a function where alcohol will be served. Officers are responsible for: ensuring this Standard is implemented effectively within their area of responsibility; The University as the PCBU has the primary duty of care for ensuring: so far as is reasonably practicable, that the health and safety of workers and all other persons at the University is not put at risk from University work / activities carried out. The WHS Committee is responsible for: developing University WHS policies, procedures and guidelines to provide direction and support for University management, staff and students in meeting the provisions of this Standard. The WHS Unit is responsible for: overseeing the University's compliance with this Standard, and providing advice and guidance to Organisational Units approving any exemptions to meeting Standard requirements. All Workers and other persons are responsible for: complying with this Standard, including not smoking in smoke-free areas complying with all local, State and Federal laws in relation to using, possessing, giving or selling alcohol and/or other drugs advising a manager/supervisor of any person on University premises who is engaged in unlawful drug related activities that have the potential to cause harm to those involved, or to the University. 6 Glossary Term/Acronym Definition Alcohol, Tobacco and Other Drugs Minimum Standard (April 2015) Page 5
Adversely affected Academic Unit College Where a person s functioning is impaired by the consumption of alcohol and /or other drugs. Means the secondary organisational unit in the academic structure of the University, reporting directly to the College Executive Deans, as per Ordinance 14 Academic Structure. Means (a) the primary organisational unit in the academic structure of the University, as per Ordinance 14 Academic Structure (b) the University College Drugs Executive Dean Any substance which when taken into the body alters its physical and/or psychological state. The term drug includes, but is not limited to, legal and illegal substances such as depressants (e.g. alcohol, THS/marijuana), stimulants (e.g. amphetamines, cocaine), opiates (e.g. heroin, codeine, morphine), and hallucinogenics (e.g. LSD), and includes prescription and over-the-counter drugs. Legal drugs can become illegal/illicit drugs (see illegal drugs definition below); for example: a prescription painkiller prescribed for an individual by a medical practitioner and used by that individual in strict accordance with the prescribed dose, is a legal drug. However, if the individual took a larger dose than prescribed, it would be deemed an illegal drug as it may pose a safety risk to the individual or other persons in the workplace. Means: (a) the Executive Dean of the relevant College, or in relation to the University College, the Principal of the University College Head of Academic Unit Means the head of the relevant Academic Unit Alcohol, Tobacco and Other Drugs Minimum Standard (April 2015) Page 6
Illegal/Illicit drugs Officer Organisational Unit Other Persons Penalty Person Conducting Business or Undertaking (PCBU) Smoke free areas (tobacco) University Authorised vehicle Illicit drugs include: Any drugs defined and specified as prohibited or illegal under any Federal, State or Territory legislation; Drugs for which a medical prescription has not been issued to the person using/taking the drug; and/or The level of consumption was in excess of the prescribed dose or in the case of over the counter drugs the level of consumption was in excess of the recommended dose, and/or not in accordance with warnings detailed. Illegal drugs do not include drugs prescribed for an individual by a medical practitioner and used by that individual in strict accordance with the prescribed dose. Further it does not include over the counter drugs used in strict accordance with recommended dose and warnings/use. Members of University Council, AMC. IMAS and Menzies Boards, the Senior Management Team, Executive Deans, and Heads of Organisational and Academic Units are deemed to be Officers at the University. College, Faculty, School, Centre, University Institute, other University Entity, Division, Section or University Business Enterprise. Other persons refers to all other persons who may be at the University who are not workers, including students not designated as workers and visitors. The University s by-laws provide for a fine to be issued to a person who contravenes a provision of the by-laws. A person who commits an offence against these by-laws is liable on summary conviction to a fine not exceeding five penalty units. One penalty unit equates to $120. The PCBU is the principal duty holder, with primary duty of care for the operation of the University. In accordance with the University by-laws, tobacco smoking is prohibited in: all smoke free areas as defined in section 67B of the Public Health Act 1997 (Tas.); designated smoke free areas occupied or controlled by the University. Either a vehicle that is supplied by the University to a worker or a private vehicle used to carry out official University business. Alcohol, Tobacco and Other Drugs Minimum Standard (April 2015) Page 7
Worker Any person carrying out work in any capacity at the University, including work as an employee, contractor, subcontractor, worker of a labour hire company, outworker, apprentice or trainee, work integrated learning or work experience student and volunteer. 7 Supporting Documentation 8 Versioning Safe Consumption of Alcohol Policy CORP 3.2 - Safe Consumption of Alcohol Policy Application for a University Liquor Permit Liquor Permit Smoke-Free Areas Minimum Standard Former Version Current Version Version 1 Version 2 Version 3 Version 4 Version 5 Version 6 Version 7 Alcohol, Tobacco and Drugs in the Workplace Policy; Approved November, 1999. Alcohol, Tobacco and Drugs in the Workplace Policy; approved July 2010. Alcohol, Tobacco and Drugs in the Workplace Policy; approved July, 2011. Alcohol, Tobacco and Other Drugs Policy; approved May 2012 by Vice-Chancellor. Alcohol, Tobacco and Other Drugs Policy; amended due to new WHS Act, Nov, 2013. Alcohol, Tobacco and Other Drugs Minimum Standard; approved April 2015 (Minor amendments made December 2016) Alcohol, Tobacco and Other Drugs Minimum Standard (current document); approved April 2015, amended in December 2017 to incorporate final Academic structure. Alcohol, Tobacco and Other Drugs Minimum Standard (April 2015) Page 8