The Master Painter Australia - April 2016 Vol. 1 | Page 36
THE MASTER PAINTER AUSTRALIA
036
WORK HEALTH AND SAFETY
Drug and Alcohol Testing
under the Building Code 2013
Changes have been made to the Building Code 2013 requiring contractors to have a
comprehensive policy for managing drug and alcohol issues in the workplace which
includes mandatory drug and alcohol testing on Commonwealth funded projects.
WHEN AND WHERE DO THESE NEW
REQUIREMENTS APPLY?
The changes to the Building Code 2013
(the Building Code) commenced on 16
October 2015. These changes apply to
both new and existing projects which are
subject to the Building Code.
General duty applicable to all contractors
on all projects covered by the building
code
From 16 October, building contractors
covered by the Building Code must
ensure that their management of drugs
and alcohol in the workplace is reflected
in their WHS&R management system.
This requirement will help ensure that
no person attending the site to perform
building work does so under the
influence of alcohol or other drugs.
Drug And Alcohol Testing Is Mandatory
For Principal Contractors On
Commonwealth Funded Projects That
Meet The Financial Threshold
Principal contractors must have a fitness
for work policy to manage alcohol and
other drugs in the workplace which
includes drug and alcohol testing.
A fitness for work policy is required on
Commonwealth funded projects with the
following financial threshold:
• where the value of the
Commonwealth’s contribution to the
project is at least $5,000,000 and
represents at least 50% of the total
construction project value; or
• where the Commonwealth’s
contribution to the project is at least
$10,000,000.
The fitness for work policy must
address how those on site, including
employees of the principal contractor,
subcontractors and their employees
and others, will be required to comply
with the relevant fitness for work policy
(ie. through contract or some other
enforceable means).
to be tested, including staged selection
across a worksite or random selection for
testing if the entire workforce is not to be
tested in a testing round.
The fitness for work policy with drug and
alcohol testing is not required on private
projects or on State government projects
that do not meet the applicable threshold
for Commonwealth funding.
As a minimum, frequent and periodic
drug and alcohol testing of both
construction workers and site office
workers should be conducted as follows:
WHAT ARE THE MINIMUM
STANDARDS EXPECTED IN RELATION
TO DRUGS AND ALCOHOL?
• where there are 30 to 100 workers
on site – a minimum of 5 workers per
month; and
The fitness for work policy of the
principal contractor must require the
use of an objective medical testing
method to detect the presence of drugs
or alcohol in a worker’s system. It must
also outline which detection method is
to be used on the project and outline the
processes in place when a positive test is
returned.
• where there are greater than 100
workers on site – a minimum of
10 workers per month.
There is no mandatory form of testing.
Urine testing and saliva testing are both
permitted.
Some information on the minimum
requirements is outlined below.
What substances are required
to be tested for?
All of the following substances must be
tested for by the principal contractor:
• Alcohol
• Opiates
• THC
• Cocaine
• Benzodiazepines
• Amphetamines
• Methamphetamines
Who is to be tested?
Principal contractors must outline in their
fitness for work policy the procedures
in place for the selection of personnel
• where there are less than 30 workers
on site – at least 10% of the workforce;
How frequently is drug and alcohol
testing required?
The minimum frequency for random
drug and alcohol testing by principal
contractors is at least once per month.
Principal contractors must also outline
their procedure for targeted testing of
higher risk activities, voluntary testing
and for-cause testing.
What is the level of tolerance for drugs
and alcohol?
In respect of each substance listed
above, subject to testing detectable
levels, there is a zero level tolerance
What Must Happen If A Person Tests
Positive To Any Of The Substances
Being Tested For?
When a person returns a positive result
for any of the substances listed they
will be deemed not to be fit for work.
Principal contractors must outline in
their policy how a person who returns
a positive result will be prevented from
performing work until they can prove
they are fit to return to work, and other