Cathy Cato, FWBC General Manager Building Code, has prepared the following article explaining the regulator’s implementation of the new drug and alcohol testing requirements in the Building Code. We share it to apprise all members of this important information:

As of 1 February 2016, Fair Work Building & Construction commenced the final stage of its three- phase implementation of the new drug and alcohol requirements as part of the 2013 Building Code. It is important that all industry participants are aware of their obligations and what this means for them.

The new changes follow a decision announced on Friday 18 September 2015 in which the Australian government introduced higher workplace safety standards for construction sites by requiring building contractors on projects funded by the Australian Government to manage the risks of drug and alcohol impairment. As FWBC is responsible for monitoring compliance with the agency is also responsible for ensuring the new requirements are followed.

The first stage and second stages of the implementation plan focused on providing information to industry on the new requirements and then reviewing contractors’ policies and providing feedback on compliance with a strong focus on voluntary rectification.

With these two phases now complete, the agency has moved to auditing contractors’ fitness for work policies to assess the practical implementation of drug and alcohol testing onsite. The audits examine whether the policy is being implemented in accordance with the requirements of the Building Code.  This includes, but is not limited to, requiring evidence that demonstrates:

  • testing is being undertaken on a random basis;
  • testing is being undertaken at least monthly;
  • testing is being conducted on the minimum number of required personnel (10% except on larger projects);
  • that the required substances are being tested for;
  • testing is being conducted using an objective medical testing method; and
  • testing is being conducted by the head contractor and not being pushed down to the sub-contractors.

Investigators will also take a copy of the fitness for work policy and will check the substance of the plan against the requirements of the Building Code.  After analysis of documentation and any interviews undertaken during the site audit, FWBC investigators will write to the company with the audit outcome.

In the event that issues/breaches are identified, correspondence will be sent to the company outlining the issues or alleged breaches and seeking the company’s response with an opportunity (where possible) for the matter to be rectified.  It should be noted that on some occasions breaches that are considered to be of a serious nature cannot be voluntarily rectified.

The new requirements introduce higher workplace safety standards for construction sites by ensuring that all building contractors covered by the Building Code have workplace health, safety and rehabilitation system that includes detail of how they will manage drugs and alcohol in the workplace.

In effect, this means that all construction projects that have at least $5 million of Commonwealth funding* are required to have a fitness for work policy that includes drug and alcohol testing for those on site undertaking building work.

FWBC has been working collaboratively with industry to ensure contractors are aware of their rights and obligations in relation to drug and alcohol testing on sites. So far feedback on this process has been positive and the agency looks forward to working with the industry to ensure the new requirements are implemented as seamlessly as possible.

Contractors can contact FWBC with specific questions regarding their fitness for work policy. However to be deemed compliant, the testing regime onsite must also reflect the requirements of the Building Code and contractors must keep records that demonstrate their compliance. Further information on the drug and alcohol testing under the Building Code can be found at:

https://www.fwbc.gov.au/building-code/drug-and-alcohol-testing-under-building-code-2013