These Guidelines have been developed in accordance with the requirements of the following legislation:
Work Health and Safety Act 2012 , Sections 28 and 29.
Occupational Health and Safety Act 2004, Sections 21, 22, 23. 24 and 25
Work Health and Safety (National Uniform Legislation) 2011, Clauses 19, 28, 29
These Guidelines apply to staff, students, contractors and visitors at University premises.
The term drugs in these Guidelines refers to both legal medications and illegal drugs.
2 Duty of care
2.1 The University has a duty of care towards its staff and students, and others who use its facilities and property, and to provide a safe, secure and suitable environment for the conduct of educational, scholarly and community activities (legislation listed above and Statute 6.4 (6)); and
2.2 Staff must take reasonable care to ensure that they are not, by the consumption of alcohol or any other drug, in such a state as to endanger their own safety or that of any other person at the workplace (legislation listed above).
3.1 Staff and students are expected to conduct themselves in accordance with the requirements of item 2 above.
3.2 Contractors, sub-contractors and their workers, volunteers and persons gaining work experience are responsible for ensuring that they do not attend University premises if impaired by alcohol or other drugs.
3.3 There may be certain occasions where alcohol may be available at University functions. In these specific situations, the University accepts that alcohol may be consumed in moderation, provided that a permit , and if necessary, a Limited Licence, issued by the liquor licensing authority, is obtained. Click here for further information.
3.4 In instances when staff attend either workplace functions or functions on behalf of the University, management and staff are expected to behave in a professional and responsible manner, ensuring that duty of care is extended to both themselves and others.
3.5 Where a staff member is taking medically prescribed drugs that may interfere with their work performance, they must advise their manager/supervisor. The manager/supervisor, in consultation with the staff member (and the staff member's medical practitioner if relevant to the particular circumstances), may make, if practicable, adjustments to the work requirements of the employee concerned. If this is not possible and the situation is temporary, the staff member will need to take sick leave until he or she is able to resume work safely.
3.6 In accordance with the University's Driver and Vehicle Safety Procedures (PDF), vehicles are not to be driven by any person whose blood alcohol level is 0.05% or more, or who has consumed other drugs which affect their ability to drive safely.
3.7 Staff of the Health and Counselling Services, the WHS Unit and HR Client Services will respond in a confidential manner when consulted about matters regarding alcohol and/or other drug related problems.
3.8 Staff and students are not permitted to use, cultivate, manufacture and/or trade in illegal drugs on University premises.
Any staff member or student found to be using and/or cultivating and/or manufacturing and/or trading in illegal drugs on University premises will be subject to disciplinary action under the relevant University Statute or policy.
4.1 Confidential counselling is available for staff and students regarding problems arising from matters concerning use of alcohol and other drugs. Staff are encouraged to use the Employee Assistance Program and students may seek assistance from the University Health and Counselling Services.
4.2 Referral to appropriate drug and alcohol education and training programs will be offered if required.
4.3 Staff who have concerns about working with any other staff, or students, due to possible alcohol or other drug use should consult their manager/supervisor immediately.
4.4 In the context of their Work Health and Safety responsibilities, supervisors should seek advice from the Human Resources Division (HR Client Services) regarding how best to approach any staff members in their area whom they believe may be adversely affected by alcohol or other drugs at work.
4.5 Where there is regular recurrence of behaviour which is the source of complaint in 4.3 the complainant will advise the Director, Human Resources.
4.6 Complaints relating to a student affected by use of alcohol or other drugs should be directed to the Dean of the School concerned, or Flinders Living where appropriate.
4.7 Complaints relating to a contractor affected by alcohol or other drugs should be directed to the person engaging the contractor and the Director, Buildings & Property.
4.8 If there are safety, security or similar issues arising from the apparently inappropriate behaviour of any person from any cause then University Security should be contacted (12880) for the Bedford Park campus, or local security/police for sites other than Bedford Park.
5 Additional Information
5.1 Staff with illness or disability arising from use of alcohol or other drugs may be eligible for assistance under the terms and conditions of their Superannuation fund.
5.2 There are a number of University by-laws, policies and procedures which relate to the conduct expected of staff and students. These provide guidance and include:
- University By-Law (20) - disorderly conduct
- University By-Law (22) - use of alcoholic liquor on University premises
- University Work Health and Safety Policy (PDF)
- Responsibilities and Rights of Staff and Students
- Discipline Policy and Procedures for Professional Staff - work performance, conduct and disciplinary action
- Academic Discipline - unsatisfactory performance and misconduct/serious misconduct
- University Statute 6.4 - student conduct
5.3 The following Sections of legislation may also be relevant:
- Part 3.1 Managing risks to health and safety