03/06/2024

Alcohol Breath Testing Policy

What is the aim of the policy?

This policy is part of our duty of care to employees, clients, visitors and the general public. Man With A Van (MWAV) is committed to providing a safe, healthy and injury-free workplace for all employees, by ensuring everyone involved with the company cooperates to maintain an alcohol-safe environment.

Being affected by alcohol can impair judgement and reactions and result in risk-taking behaviour. Employees who are alcohol-affected may be unfit for work, posing a risk not only to themselves, but any others they encounter in the course of their daily duties.

This policy aims to reduce the risk of Man With A Van (MWAV) staff being involved in alcohol-related incidents and performance issues, through breath testing for Blood Alcohol Content (BAC). Regular random testing is intended to identify employees attending work under the influence of alcohol, and deter all staff from engaging in risky behaviour which could affect work performance.

At MWAV a significant majority of employees are engaged as removalists. Driving company vehicles on public roads is an essential part of this role. As such, testing for alcohol impairment is part of MWAV's duty of care to the safety of all staff, clients and the general public. The smaller group of office staff will also be subject to testing, to avoid variation in performance standards across the organisation.

MWAV has a zero-tolerance policy regarding alcohol and driving. If you have alcohol in your system, you are not permitted to drive an MWAV vehicle.

How will staff members be selected for testing?

Random testing: A small number of staff per day will be allocated for testing. The staff will be randomly selected by an algorithm within the MWAV Rostering system. The selected staff members will be required to approach the Morning Man for a breath test before they can begin their day of work.

Discretionary (or 'for reason') testing: If a member of the management team or supervisor has a 'reasonable suspicion' that a staff member is affected by alcohol, they may require that staff member to take a breath test. This discretionary testing may happen in the morning before a shift, during a shift, at the end of a shift, or in the event of a vehicle accident. The manager in question must be able to detail their reasons for requesting a test.

Requested testing: If a staff member suspects that they may have some residual alcohol in their blood, they may request that they be tested prior to their shift commencing to ensure they comply with this policy.

Scheduled testing: On Sunday shifts, when MWAV has many fewer workers rostered, and has more often had issues with alcohol-affected staff, all staff (including office staff) will be tested.

When will I be required to undergo a test?

• When randomly selected

• When requested by a manager or supervisor who: holds a reasonable suspicion that you are alcohol-affected, or following a vehicle accident where you were the driver

• When you request a test on arrival for your shift, due to your concern that you may be alcohol-affected. Being proactive will result in less serious disciplinary consequences

• When working on a Sunday

What is the testing procedure?

A wall-mounted breath-testing unit is located in the small entrance foyer of the MWAV depot (next to the first aid kit). If you are allocated a test, you will be asked by a manager to use the machine while they supervise. You will be provided with a single-use straw. The machine will return a reading based upon your BAC. (Vicroads has a good explainer on the effects of BAC on driving - [1]).

If the result is non-negative (i.e. a reading of more than 0.00 BAC), you will be asked to wait for 10 minutes before taking a secondary test for confirmation.

The breath testing unit was chosen to conform with the Australian Standard 3547-1997 Breath Alcohol Testing Devices for Personal Use.

What outcomes can result from the test?

• A negative result (this is 0.00 per cent BAC)

• A non-negative result (this is anything over 0.00 per cent BAC)

• A null result (machine error)

What happens if the breath test is negative for BAC?

You continue your day as if nothing happened!

What happens if my primary test result is non-negative?

If you return a non-negative result, you will be required to wait for 10 minutes and then repeat the breath test to ensure the result was not a false positive.

And what if my secondary test is non-negative?

If both the primary and secondary tests show non-negative results, the following applies:

For road staff:

• If your result is between 0.00 and 0.05 on the secondary test you will not be permitted to drive. You may be required to work a non-driving shift. If a non-driving role is not available, you will lose your shift

• If your BAC is 0.05 or higher on the secondary test, you will lose your shift, and be obliged to meet with a manager to discuss performance expectations before returning to work

For office staff:

• If your BAC is between 0.00 and 0.05 you will be permitted to work your shift (as it is a non-driving role)

• If your BAC is 0.05 or higher on the secondary test, you will lose your shift, and be obliged to meet with a manager to discuss performance expectations before returning to work

You and the supervisor or manager administering the test will be required to sign off on this form to verify the results if the secondary test is non-negative.

What happens if I refuse a test? Refusal to undertake a test when requested will result in the loss of your shift. You'll be obliged to attend a meeting with a manager to discuss MWAV's requirements for alcohol safety before returning to work. This conversation may involve a discussion of useful services which offer assistance with addiction and alcohol abuse. Repeat offences will result in a written warning.

How do I know the test is accurate? The MWAV wall-mounted breath testing machine has been selected to comply with the Australian Standard (AS3547) for breath alcohol testing. The machine provides an accurate BAC percentage result to 3 decimal places. It uses a fuel cell sensor (the superior technology, as used by the police). The machine is maintained according the Australian Standards.

What is a false positive, and what do I do if I haven't been drinking but the test shows I have alcohol in my system? A false positive is a positive result given on a test due to machine error, or other chemicals being detected as alcohol. With alcohol breath testing, a number of outside factors are thought to be able to influence the outcome of a test. These include having recently consumed vinegar, confectionary, or foods containing alcohol. Having smoked a cigarette in the 10 minutes prior to taking the breath test can also alter the outcome. If you believe both your primary and secondary test results indicate a false positive, this should be discussed at the follow-up meeting with a manager. This meeting is automatically scheduled when a positive result is returned.

If I'm sent home, will I be paid for my shift? In general, no. Turning up to work under the influence of alcohol is not acceptable, given that staff are expected to drive large company vehicles on public roads. If you don't meet the expectation of coming to work in a fit state, you shouldn't expect to get paid. However, the follow-up meeting is an opportunity to discuss the results of your test, and a chance to put your case if you have concerns the test or results were not fair or accurate.

Disciplinary process

MWAV will treat alcohol impairment at work as a performance issue. If you are have alcohol detected in your system immediately before, or during, a shift, you may be stood down (unless suitable duties, as specified above, are found). You will be required to attend a private meeting with a manager to discuss performance. During this meeting a plan will be made to address the issue and cooperate to prevent it from reoccurring.

If you have a non-negative result in both the primary and secondary test you may receive a written warning. Repeatedly arriving to work in an unfit state may result in serious disciplinary consequences, up to and including termination of employment.

If you volunteer yourself for testing and have a non-negative result, you will still need to have a follow-up meeting with a manager. This meeting will generally be a short discussion around making sure you are fit to work when rostered on. Repeated occurrences of this will result in more serious disciplinary measures being taken.