Drug use is now widely spread in the workplace – What risks do employers face? The Law NZ law demands that employers are responsible for the health & safety of employees and others in their place of work. This includes the welfare of employees and others that attend the workplace – for whatever reason they attend your, or a, place of work. Please note – the liability is personal. Please do not miss this point because it's critical. The penalties are severe and the liability is personal. Company directors and senior managers do not have limited liability personally when they breach OSH legislation. Other legislation often limits liability to the paid up capital of the company but this is not the case with OSH law. Drug affected employees are a risk (a hazard) to themselves and others at the place of work. Some 15% of fatal workplace accidents and some 25% of all workplace accidents are drug related. The problem is growing at a swift pace. Breach of Law Where employers employ staff to perform 'safety sensitive' tasks and do not have a system to manage drug and alcohol use in their place of work they are at risk of being in breach of OSH law obligations. In a case (NZ Amalgamated Union- Air NZ ) it was found that statutory obligations (the law) may permit ‘or even require’ an employer to promulgate a drug & alcohol policy appropriate to the circumstances. Having stated that there is also a need to proceed with caution. Life Sentence The drug 'P' (Methamphetamine) is highly addictive and causes irreversible damage. Its use in the workplace is growing at an alarming rate. Methamphetamine is a 'Class A' drug. As such, convictions related to it can attract a life sentence. Minor offences may result in 3 months home detention. Buy this system now to learn what your rights are and how to protect your business.

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