Principal contractors (PCs) that perform drugs and alcohol testing under the Victorian Government’s Implementation Guidelines to the Victorian Code of Practice for the Building and Construction Industry will be required to ensure that any worker testing positive is prevented from performing work on site until they can prove that they are fit for work.

Where the person that tests positive is a PC’s direct employee, the PC will adhere to their organisation’s drug and alcohol policy, including providing counselling and support, further testing and disciplinary action if appropriate.

Where the person that tests positive is not a direct employee however, and given the requirements for the person to be removed from the workplace immediately after a positive test, it will then be a matter for the subcontractor to manage the person in their own right.

The subcontractor will be responsible for ensuring that the person does not continue working because of the risk that they might be impaired.

In addition to ensuring that its employees agree to the PC’s drug and alcohol policy applicable to the site, subcontractors will need to have consulted with employees and put in place their own drug and alcohol policies, including providing for testing, to underpin the policies that are going to be put in place by the PCs. The subcontractor’s policy should also cover issues such as what counselling and support they provide, the disciplinary process, whether the person will be granted paid or unpaid leave and how the person will be retested to be deemed fit for duties.

The Implementation Guidelines make it clear that PCs must maintain responsibility for the testing and must not pass the implementation and cost of testing to its subcontractors. It is therefore arguable that this responsibility extends to instances where a worker has been removed from site and needs to be retested in order to be deemed fit for duties.

Master Builders will conduct a second briefing on drug and alcohol testing at the Building Leadership Simulation Centre (BLSC) at 5pm on Tuesday, 5 August 2014.

PCs are strongly encouraged to recommend to their subcontractors that they should attend this briefing. A number of drug testing service providers will be present to discuss the types of testing and policies that will be needed.

Date: Tuesday, 5 August.

Time: 5pm.

Venue: BLSC, South Melbourne.

Cost: $30 for members. $50 for non-members.

Book now.