File No. 2015/008295-01
Drugs and alcohol
Instruction and Guideline
Published date:
1 July 2015
Availability:
Internal and external
Purpose:
To set out the Department of Immigration and Border
Protection’s (the Department) position on drugs and alcohol
in the workplace, including the requirements of the drug and
alcohol testing program within the Department
Owner:
First Assistant Secretary People Division
Category:
Corporate
Sub-category:
Work Health and Safety, Leadership and Workforce
Contact:
Director Work Health and Safety, People Strategy and Policy
Branch
Director Values, Policy, Training and Communication,
Integrity and Professional Standards Branch
Contents
Introduction .................................................................................................................................... 5
1.
Policy statement ..................................................................................................................... 6
2.
Drugs ....................................................................................................................................... 6
Pharmaceuticals ....................................................................................................................... 7
Impairment ................................................................................................................................ 7
Lawful use ................................................................................................................................. 7
3.
Alcohol .................................................................................................................................... 8
Official hospitality events and approved social club events ...................................................... 8
Rostered on-call ........................................................................................................................ 9
Recall to duty by supervisor/manager ...................................................................................... 9
4.
Responsibilities of managers and supervisors ................................................................ 10
5.
Drug and alcohol testing ..................................................................................................... 10
Failure to comply with the direction ........................................................................................ 11
Alcohol testing - process ......................................................................................................... 12
Drug testing - process ............................................................................................................. 12
Drug testing – urine ................................................................................................................. 12
Drug testing – body samples other than urine ........................................................................ 13
A and B samples ..................................................................................................................... 13
Cut off levels ........................................................................................................................... 13
Notification of laboratory results.............................................................................................. 13
Protecting the integrity of the testing process ......................................................................... 14
Security and destruction of body samples .............................................................................. 14
6.
Outcomes .............................................................................................................................. 14
Alcohol above the prescribed concentration ........................................................................... 14
Non-negative on-site drug screen ........................................................................................... 15
Laboratory results ................................................................................................................... 15
7.
Disputed results ................................................................................................................... 16
Urine samples ......................................................................................................................... 16
Body samples other than urine ............................................................................................... 16
8.
Support and information services ...................................................................................... 16
Medications and medical conditions - impact on drug screens .............................................. 16
Voluntary disclosure ................................................................................................................ 17
Support for workers ................................................................................................................. 17
9.
Administration ...................................................................................................................... 18
Drugs and alcohol Instruction and Guideline 2 of 23
Certification of external service provider and equipment ........................................................ 18
Review .................................................................................................................................... 18
10. What happens if this Instruction and Guideline is not followed? ................................... 19
11. Related policies .................................................................................................................... 19
Legislation and other references ............................................................................................ 19
12. Consultation .......................................................................................................................... 20
13. Glossary ................................................................................................................................ 21
14. Endorsement ......................................................................................................................... 23
15. Approval ................................................................................................................................ 23
Drugs and alcohol Instruction and Guideline 3 of 23
Summary of main points
This Instruction and Guideline outlines the Department’s position on drugs and alcohol in the
workplace, importantly,
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a zero tolerance approach to the possession, use and trafficking of prohibited
drugs
an alcohol free workplace
the tolerance levels related to alcohol while on duty, and
procedures for drug and alcohol testing.
This Instruction and Guideline applies to:
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1
Immigration and Border Protection (IBP) workers who are:
o ongoing and non-ongoing Australian Public Service (APS) employees in the
Department of Immigration and Border Protection (the Department)
o secondees whose services are made available to the Department (including
an officer or employee of the APS, a Commonwealth, State or Territory
agency or authority, or a foreign government or authority, or a public
international organisation)
o contractors and consultants working ‘in-house’ in the Department (i.e.
physically located in premises, or on vessels or aircraft, that are owned,
managed, controlled, leased, contracted by or operated by the Department)
under a contract for services, other than locally engaged staff at overseas
posts (‘Internal contractors/consultants’)
o all other contractors and consultants working for the Department (‘External
2
contractors/consultants’) who require non-public access to Departmental
3
assets .
The Secretary of the Department and the Australian Border Force Commissioner
who, for the purpose of this Instruction and Guideline, are included in references
to IBP workers.
1
IBP workers are defined in section 4 of the Australian Border Force Act 2015 and the Secretary Determination on IBP
workers.
2
‘Non-public access’ means ongoing or unrestricted access to Departmental Assets which are not available to members
of the public.
3
‘Departmental assets’ means information and resources including, but not limited to, information and technology
systems (ICT systems), information, plant and equipment, vessels, aircraft and/or premises which are owned, managed,
controlled, leased, contracted by or operated by the Department.
Drugs and alcohol Instruction and Guideline 4 of 23
Introduction
The purpose of the Department’s drug and alcohol policy is to ensure the integrity,
professionalism and safety of all workers.
IBP workers are called upon to make reasoned and impartial judgements that affect the safety,
rights and freedoms of other individuals. The community and government place considerable faith
and trust in IBP workers to exercise their authority and powers reasonably and professionally, with
the clear expectation that they are committed to the highest standards of personal integrity and
professionalism.
The Department has a zero tolerance for the possession, use, or trafficking of prohibited drugs
and the Department is an alcohol free workplace. The Department has a duty of care under the
Work Health and Safety Act 2011 to minimise the risk of accident, incident and injury in the
workplace arising from the consumption of drugs and alcohol. The use of drugs and alcohol in the
workplace can result in health issues, poor morale, reduced productivity, injuries and
absenteeism.
There is also a risk that IBP workers may be vulnerable to compromise. This risk is increased for
IBP workers engaging in illicit drug taking and applies not only to front line operational staff, but
also to office-based staff with access to sensitive information.
Part 5 of the Australian Border Force Act 2015 (ABF Act) introduces a programme of random and
targeted drug and alcohol testing into the Department. IBP workers may be required to undergo
an alcohol screening test, an alcohol breath test, an alcohol blood test or a prohibited drug test.
The Regulations on Drug and Alcohol Testing specify the manner in which testing is to be carried
out.
One of the objectives of drug and alcohol testing within the Department is to ensure that IBP
workers are not seen to condone the importation of illicit drugs. Organised crime groups can seek
to infiltrate government agencies and corrupt public officials. Drug and alcohol testing is an
integrity measure designed to mitigate these risks.
Additionally, drug and alcohol testing meets the Department’s obligations under Work Health and
Safety requirements. Drug and alcohol testing helps minimise the risk of accident, incident and
injury in the workplace resulting from the consumption of drugs or alcohol.
The Drug and Alcohol Management Programme (DAMP) seeks to minimise these risks through
the testing regime undertaken as a core component of the drug and alcohol policy. In
implementing the DAMP, the Department will:
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maintain confidentiality as described in this Instruction and Guideline
treat IBP workers fairly and equitably.
Under the Public Service Act 1999, employees are required to behave at all times in a way that
upholds the APS Values and complies with the Code of Conduct. Departmental employees in
breach of this Instruction and Guideline can expect to face serious consequences, including Code
of Conduct investigations that can lead to the imposition of sanctions including the termination of
employment.
Contractors and consultants may be subject to similar obligations under the terms of their
contract, and where applicable, in accordance with the Professional Standards Secretary
Direction. If contractors/consultants breach these obligations, action may be taken under the
terms of their contract or under section 57 of the ABF Act. Existing arrangements for locally
engaged staff at overseas posts will remain in place for the present.
Drugs and alcohol Instruction and Guideline 5 of 23
1. Policy statement
The Department has a zero tolerance for the possession, use or trafficking of prohibited drugs by
IBP workers at any time, whether in Australia or overseas. This Instruction and Guideline does not
limit the ability of authorised work groups or workers to handle and store prohibited drugs or
alcohol as part of their core duties, including training.
IBP workers must not carry out duties or perform services involving increased risk, including the
use of force, where they believe, or should reasonably believe, that pharmaceutical product use
may impair their operational capabilities.
IBP workers must not consume, or be impaired by alcohol while on duty.
IBP workers may be required to undergo a prohibited drug test, an alcohol screening test or an
alcohol breath test. Drug and alcohol testing of IBP workers is undertaken by a contracted
external collection and testing company. Details of the authorised collection and testing
companies are available on the intranet. If specifically authorised by the Secretary or the
Australian Border Force (ABF) Commissioner, Departmental officers, medical practitioners,
registered or enrolled nurses, and police officers may also undertake drug and alcohol testing of
IBP workers. Currently, drug testing is only conducted by an external collection and testing
company.
Testing is conducted in accordance with the applicable Australian and New Zealand Standards or
International Guideline. These are referenced in relevant sections in this Instruction and
Guideline.
Testers must at all times engage with IBP workers professionally and with courtesy and respect.
Tests must be conducted in a respectful manner and in circumstances affording reasonable
privacy to the IBP worker directed to undergo the test. Tests must not be conducted in the
presence or view of anyone whose presence is not necessary. Removal of outer clothing and
visual inspection is minimised to what is necessary for the conduct of the test. IBP workers may
be asked to empty their pockets before a test is conducted and may prefer to leave personal
items at their workplace before attending a test.
2. Drugs
Preventing the movement of illicit substances and prohibited and restricted goods across the
border is a core element of the Department’s responsibilities. Where an individual is privately
participating in activities that include the use and possession of illicit drugs, this behaviour is in
conflict with the work of the Department.
As part of the Code of Conduct, employees must behave honestly and with integrity in connection
with APS employment and comply with all applicable Australian laws. Contractors and consultants
may be subject to similar obligations under the terms of their contract, and where applicable, in
accordance with the Professional Standards Secretary Direction.
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Prohibited drugs, both illicit and illegal, include but are not limited to:
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cocaine
heroin
cannabis
methamphetamines
amphetamines
MDMA (methylenedioxymethamphetamine – also known as ecstasy)
border controlled performance and image enhancing drugs
border controlled benzodiazepines.
The definition of a prohibited drug applies whether an IBP worker is in Australia or in another
country. For example, a drug that is lawful in another country is still a prohibited drug if it falls
within the definition of a prohibited drug (see Glossary section).
Pharmaceuticals
IBP workers must not misuse pharmaceutical products. Inappropriate use of pharmaceutical
products extends to that use which exceeds the norms of clinical and therapeutic activity,
including usage for non-prescribed purposes and misuse of prescribed dosages.
Impairment
IBP workers must not carry out duties or perform services involving increased risk where they
believe, or should reasonably believe, that pharmaceutical use may impair their operational or
decision-making capabilities. Operational capabilities include but are not limited to driving,
operating machinery, making decisions about the use of, or using, firearms or other
accoutrements for the application of force.
Individuals who are taking pharmaceutical products and have any doubt about their ability to
perform any or all of their normal duties should consult their medical practitioner. Additionally, the
individual should discuss alternative work options with their supervisor, and if required, seek
further support from the Work Health and Safety (WHS) section. The Department will support
individuals to obtain suitable alternative work options where an individual is not able to perform
their duties due to a treatment regime.
Lawful use
It is important to note that the intent of this Instruction and Guideline is not to prevent or hinder the
correct and lawful use of prescribed medication or pharmaceutical products by IBP workers.
It also does not prohibit the lawful use of prohibited drugs within controlled medical parameters.
These parameters must be set by a registered medical practitioner and conform to accepted
treatment regimes.
IBP workers should use prescribed and over-the-counter medication as prescribed or directed.
Drugs and alcohol Instruction and Guideline 7 of 23
3. Alcohol
IBP workers must not:
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have a breath alcohol concentration (BrAC) of 0.02 or higher while on duty or
performing services. A breath alcohol concentration of 0.02 recognises that
individuals may occasionally consume products that contain alcohol (e.g. in
cough medicine)
be impaired by alcohol while on duty or performing services, regardless of the
type of duty or service performed
consume alcohol while in any Departmental workplace, regardless of whether
they are on or off duty or performing services, unless approved to do so in
accordance with this Instruction and Guideline
consume alcohol during working hours unless approved to do so in accordance
with this Instruction and Guideline
consume alcohol in public while wearing a Departmental uniform or other
identifiable item (e.g. lanyard) unless approved to do so in accordance with this
Instruction and Guideline
return to duty or perform services following attendance at an approved official
hospitality event if they are not in compliance with the prescribed BrAC.
All IBP workers who consume alcohol off duty are encouraged to do so in a responsible manner,
and avoid its misuse. IBP workers must not consume alcohol when off duty to an extent that, on
return to duty, it impairs capacity to conduct normal operational functions or results in a prescribed
BrAC of 0.02 or higher.
It is advisable that IBP workers do not consume alcohol in unpaid breaks of less than a few hours
duration between periods of duty, for example during lunch or dinner breaks.
Storage of alcohol in the workplace is permitted in the following limited circumstances:
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where alcohol is in limited quantities, is unopened, and will only be stored for a
short period of time (e.g. buying a bottle of wine at lunch to take home that
evening)
where alcohol is purchased for an official hospitality or approved social club event
(refer to next section), storage may be approved by the relevant approving officer.
IBP workers must not store alcohol in any Departmental workplace on a regular or ongoing basis.
Official hospitality events and approved social club events
Alcohol may be consumed at an official hospitality event inside or outside a Departmental
workplace if the:
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event constitutes official hospitality in accordance with related policies on
hospitality and entertainment
attendance at the event by IBP workers is approved by an SES officer, Minister
Counsellor or Regional Director.
Official hospitality includes events that an individual attends in an official capacity, or in
connection with their Departmental role. This includes events hosted by the Department, events
during conferences, visits by overseas delegations or events hosted by other governments,
Drugs and alcohol Instruction and Guideline 8 of 23
diplomatic posts and stakeholder groups. It does not include casual events such as off-site after
hours workplace gatherings such as Christmas parties.
Social clubs must be sponsored by a Senior Executive Officer (SES), Minister Counsellor or
Regional Director. The provision of alcohol at a social club event needs to be approved by an
SES officer, Minister Counsellor or Regional Director.
Where a social club event is being held at a venue that is not a Departmental workplace,
individuals should not identify as an IBP worker by wearing an official uniform or ID pass.
In attending an official hospitality or approved social club event, IBP workers are reminded of their
obligations under this Instruction and Guideline. Any individual who attends an official hospitality
or social club event must have a BrAC less than 0.02 if they are to return to normal duties after
the event.
Where an individual is not required to return to normal duties after the official hospitality or social
club event, the individual’s BrAC must not equal or exceed the tolerance level of 0.05 during the
event. Maintaining BrAC below 0.05 during a work-related event ensures that WHS obligations
are met and for IBP workers who may be driving, are within the limits set by the national road
rules.
IBP workers attending and/or consuming alcohol at an official hospitality or social club event must
comply with the Code of Conduct and uphold the APS Values and Employment Principles as
required under the Public Service Act 1999. Contractors and consultants may be subject to similar
obligations under the terms of their contract and where applicable, in accordance with the
Professional Standards Secretary Direction.
Travelling for work
IBP workers who are considered to be on duty while travelling for work must not consume alcohol
and must have a BrAC less than 0.02.
IBP workers who are travelling in connection with their work, but have finished work for the day,
may consume alcohol, but must not have a BrAC equal to or exceeding 0.05. For example, where
an individual is attending an interstate multi-day conference and has finished work for the day, or
when an individual is flying home at the end of the day.
IBP workers travelling for work must comply with the Code of Conduct and uphold the APS
Values and Employment Principles as required under the Public Service Act 1999. Contractors
and consultants may be subject to similar obligations under the terms of their contract and/or the
Professional Standards Secretary Direction under the ABF Act.
Rostered on-call
Where an IBP worker receives an official allowance to be on-call, the individual’s BrAC must not
equal or exceed the prescribed level of 0.02 at the commencement of, or during, their on-call duty.
Recall to duty by supervisor/manager
In all recall to duty situations initiated by a supervisor/manager, where the individual is not
rostered on-call as described in this Instruction and Guideline, an off-duty IBP worker must inform
the supervisor/manager if they have been consuming alcohol that is likely to put them in excess of
Drugs and alcohol Instruction and Guideline 9 of 23
the prescribed level. The individual must assess their capacity to meet their obligations under this
Instruction and Guideline, including not placing themselves or others at risk of harm.
If, as a result of assessing their capacity to meet their obligations under this Instruction and
Guideline, an IBP worker decides that they cannot meet the requirements of this Instruction and
Guideline, their decision must be respected unequivocally and they must not be recalled to duty.
Failure by any supervisor or manager to respect the affected individual’s decision and recall them
to duty may be considered a breach of the Code of Conduct and will be managed as such. It may
also be a breach of the Work Health and Safety Act 2011.
The individual must not return to duty if their BrAC is equal to or exceeds the prescribed BrAC of
0.05 at the commencement of their duty.
For armed officers, the prescribed BrAC of 0.02 applies in all circumstances.
4. Responsibilities of managers
and supervisors
If a manager or supervisor has any reason to suspect that an individual may be impaired by the
use of drugs (illicit, illegal or pharmaceutical) or alcohol in a Departmental workplace area, or at
an official hospitality or approved social club event, they have a duty of care to take appropriate
action. Where an issue is identified in relation to drugs or alcohol, this includes ensuring the
individual is taken care of and the risk to the Department is managed. These actions include:
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exercise discretion when initiating any action with the individual
assess whether it is necessary to speak to the individual in private and consider
whether the attendance of another manager or supervisor is necessary. Note
your concerns about the individual’s behaviour and allow the individual the
opportunity to respond
if required, escort the individual from the Departmental premises and arrange
their safe return to a safe location (e.g. via taxi to their home)
on the following work day, the supervisor or manager should have a discussion
with the individual about their behaviour, drawing their attention to this Instruction
and Guideline and noting that significant or repeated breaches may be referred to
Integrity and Professional Standards (I&PS) Branch
where an injury is sustained by the individual, another individual, clients or a
member of the public, the incident must be reported through the relevant HR
system, and the incident must also be reported to I&PS Branch.
If an individual reasonably believes that another individual is under the influence of drugs or
alcohol, they must report it to the individual’s manager or supervisor as soon as possible.
5. Drug and alcohol testing
IBP workers may be directed to undergo various forms of alcohol and drug testing by a person
who has been authorised by the Secretary or the ABF Commissioner (‘Authorised Officer’).
Particular staff within the DAMP Coordination Unit (DCU), the National Work Health and Safety
Drugs and alcohol Instruction and Guideline 10 of 23
team and relevant Senior Executive Service (SES) officers are authorised for this purpose. In
most cases, the direction will be in writing, and include a time and location for the testing.
An IBP worker may be directed to undergo testing as follows:
1. In the course of performing their departmental duties, an IBP worker may be
given a written direction requiring them to do one or more of the following:
a.
undergo an alcohol screening or breath test
b.
provide a body sample (of a kind specified in the direction) for a prohibited
drug test.
2. In the course of performing their duties, an IBP worker may be required to
undergo an alcohol screening test if an Authorised Officer reasonably suspects
that the IBP worker is under the influence of alcohol.
3. Where there are certain work-related incidents involving death or serious injury,
an IBP worker may be given a written direction, whether or not they are still
performing their duties, to do one or more of the following:
o
undergo an alcohol screening test
o
undergo an alcohol breath test, and/or
o
provide a body sample (of a kind specified in the direction) for a prohibited
drug test.
If an IBP worker involved in an incident attends or is admitted to hospital because
of the incident, they may be directed to provide a sample of their blood for an
alcohol blood test or provide a body sample (of a kind specified in the direction)
for a prohibited drug test.
4. An IBP worker who performs any duties on board an ABF vessel is taken to be
performing his or her duties for the entire period on board the vessel, and so may
be given any of the above directions at any time throughout the on board period.
The DCU manages the random selection of work areas, and individual officers within those work
areas, as part of the programme of random drug and alcohol testing.
IBP workers may also be tested based on referrals from Integrity and Professional Standards
(I&PS) Branch. I&PS Branch will only make a referral to the DCU where there are reasonable
grounds to suspect that an IBP worker may have used or be using drugs or is under the influence
of alcohol.
Failure to comply with the direction
IBP workers must comply with a direction to undergo testing. Failure to present or provide an
appropriate sample for testing may be non-compliance with a lawful and reasonable direction, and
may be referred to the I&PS Branch for consideration against the Code of Conduct.
IBP workers must not interfere with the conduct of the testing procedure or the collection of the
sample. Any conduct which suggests interference will be referred to the I&PS Branch for
consideration.
Where an IBP worker provides a medical reason for failing to give a sample, this will be assessed
on a case by case basis and referred to the Medical Review Officer (MRO) for consideration. If
unable to provide a urine sample, alternative body samples may be required for testing.
Drugs and alcohol Instruction and Guideline 11 of 23
Alcohol testing - process
Where an IBP worker is required or directed to undergo an alcohol screening or breath test,
testing will be conducted by an authorised external testing company or a departmental officer who
has completed a training course authorised by the Secretary or ABF Commissioner.
The Secretary or the ABF Commissioner has authorised particular devices to be used for alcohol
breath tests. These are maintained and calibrated according to the manufacturer’s standards and
instructions.
If the alcohol breath test indicates a concentration of alcohol below the prescribed limit, the IBP
worker may return to their duties (unless they have been directed to undergo other tests).
An IBP worker who is directed to undergo an alcohol breath test may, where the alcohol breath
test indicates the presence of alcohol, request a blood sample be taken for the purposes of an
alcohol blood test. If such a request is made, all reasonable steps will be taken to contact a
person authorised to conduct an alcohol blood test.
If the IBP worker requests or undergoes an alcohol blood test, they must still undergo an alcohol
breath test.
Under the ABF Act, there is no requirement to give more credence to the results of an alcohol
blood test than the result of the alcohol breath test.
Drug testing - process
An IBP worker may be directed to provide a body sample permitted by the Regulations for a
prohibited drug test. The Department has the capacity to arrange tests of urine, oral fluid and hair
samples. Collecting of body samples for prohibited drug testing is undertaken by an external
collection and testing company. Collection may also be undertaken by other people authorised by
the Secretary or the ABF Commissioner, including medical practitioners, registered or enrolled
nurses, police officers, or, in relation to urine samples, by certain departmental officers. Only the
external collection contractor is currently authorised to take body samples.
Drug testing – urine
All IBP workers selected for testing will be asked to provide a urine sample. If the IBP worker has
been directed to undergo a urine test, it is undertaken in accordance with the Australian/New
Zealand Standard AS/NZS 4308:2008 Procedures for specimen collection and the detection and
quantitation of drugs of abuse in urine. The authorised external testing company will explain the
steps taken in providing a urine sample.
Drug testing of the urine sample can be done by either of the following processes:
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initial on-site screening done by the collector, followed by off-site laboratory
confirmatory testing for non-negative results
full off-site (at the laboratory) screening and testing of samples.
For on-site initial screening tests, if the result is negative, no further action is required. If the result
is non-negative (that is, the presence of drugs is not able to be excluded because the result is at,
or above, the cut-off level for a screening test), the sample will be sent to an accredited analytical
laboratory for confirmatory testing.
Drugs and alcohol Instruction and Guideline 12 of 23
If a urine sample is sent to the analytical laboratory, both the A (test) and B (referee) samples are
sent to the laboratory in accordance with Australian/New Zealand Standard 4308:2008.
Drug testing – body samples other than urine
If an IBP worker is unable to provide a urine sample, the IBP worker may be directed to provide a
saliva (oral fluid) sample. The external testing company will explain the steps required to provide a
saliva sample.
Hair testing is not part of the random testing programme and is undertaken when the Assistant
Secretary I&PS Branch has reasonable grounds to believe that an IBP worker may be using, or
has used, prohibited drugs. If an IBP worker is directed to provide a hair sample for prohibited
drug testing, it is undertaken in accordance with the Society of Hair Testing guidelines for drug
testing in hair. The person conducting the testing will take two quantities of hair of approximately
60-100 strands each (a single sample is around the thickness of a pencil).
The standard is for the hair sample to be taken from the back of the crown of the head. The
collectors are trained to cut the hair with scissors and take the samples in a way that will be least
obvious when the hair is worn as normal. It may be the case that the patch on an individual’s head
is larger than pencil thickness, depending on the thickness of the hair. If it is not possible to take
the sample from the head, hair samples may be collected from any part of the body except the
genital, anal and buttocks areas.
A and B samples
The contracted collector will prepare A and B samples containing roughly equal quantities of the
body sample. The samples are placed into two containers, which are labelled for future
identification and sealed. Both samples will be sent to the laboratory.
If they wish, the IBP worker may arrange their own testing of sample B. However, the IBP worker
should be aware that for any of their own testing to be considered, the IBP worker must not break
the sample seal and the testing must comply with relevant standards to ensure the integrity of the
process and result.
Cut off levels
The prescribed concentration of alcohol is:
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Breath alcohol concentration (BrAC) of 0.02 grams of alcohol per 210 litres of
breath and above
Blood alcohol concentration (BAC) of 0.02 grams of alcohol per 100 millilitres of
blood and above.
The cut-off levels for prohibited drugs in urine, oral fluid and hair are set out in the Associated
Document – Drug Testing.
Notification of laboratory results
In the case of urine, blood and other body samples, once the laboratory has analysed the body
sample, a report of the test results (a certificate) will be sent to an Authorised Officer of the DCU,
within the People Strategy and Policy Branch. The certificate will be forwarded to the IBP worker.
Drugs and alcohol Instruction and Guideline 13 of 23
Protecting the integrity of the testing process
The Department complies with high standards to ensure the integrity of the testing process:
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Testing of urine samples is conducted in accordance with Australian/New
Zealand Standard AS/NZS 4308:2008 Procedures for specimen collection and
the detection and quantitation of drugs of abuse in urine
Testing of oral fluid samples is conducted in accordance with Australian Standard
AS 4760-2006 Procedures for specimen collection and the detection and
quantitation of drugs in oral fluid
Testing of hair samples is conducted in accordance with the Society of Hair
Testing guidelines for drug testing in hair
Containers with samples are labelled and sealed with tamper-evident seals
Two unique donor identifiers are assigned to the labels
If the laboratory tests a sample other than urine and it indicates the presence of
alcohol or a prohibited drug, they must conduct an analysis of another portion of
the sample (from the same container)
Testing providers are accredited with the National Association of Testing
Authorities.
Chain of custody processes, as outlined in the standards, ensure that it can be verified that a
particular sample taken from an IBP worker is the same sample for which a particular result in the
laboratory has been given.
Security and destruction of body samples
For initial on-site screening of urine samples, if there is no indication of prohibited drugs in the
sample, the IBP worker is given the sample to immediately empty into the toilet and flush down
the toilet.
For body samples that indicate the presence of alcohol or prohibited drugs, destruction of
samples is undertaken by an accredited laboratory. In accordance with the Regulations, these
samples must be destroyed not later than two years from the day the test was conducted.
6. Outcomes
Alcohol above the prescribed concentration
Where an IBP worker undergoes alcohol screening, alcohol breath or blood testing and returns a
result at or above the prescribed concentration, the matter will be referred to I&PS Branch for
assessment against the Code of Conduct.
Where the results are available during the same shift or work day as the test occurred, such as is
the case with alcohol screening and breath testing, the affected IBP worker will be immediately
relieved of duty and directed to take personal leave on the basis they are not considered fit to
perform duties. If the IBP worker has insufficient paid personal leave credits, they may choose to
access annual leave or flex credits as an alternative to being on unpaid personal leave. The
affected IBP worker will be subject to an alcohol test at the beginning of the next shift they are
scheduled to work.
Drugs and alcohol Instruction and Guideline 14 of 23
Non-negative on-site drug screen
Where an IBP worker returns a non-negative result in an on-site drug screening test, the sample
will be sent to a laboratory for confirmatory testing. The IBP worker and their Executive Level 2
(EL2) or Assistant Secretary will be immediately advised. The EL2 or Assistant Secretary may
consult with the IBP worker, the DCU, the senior on-site operational manager (if appropriate or
required) and the external testing provider (where applicable) about next steps and possible
precautionary measures, taking into account all available information.
The EL2 or Assistant Secretary will either:
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return the IBP worker to normal duties
return the IBP worker to work but on modified duties that take into account any
risks associated with the non-negative result and the individual’s work
environment
place the IBP worker on miscellaneous leave until the laboratory test results are
confirmed negative or, in the case of positive results, verified by the MRO.
For workers involved in safety-sensitive aviation activities, the actions prescribed by the Civil
Aviation Safety Regulation 1998 and the relevant policy advice will also be followed in relation to
ensuring that officers in safety-sensitive aviation activities are not impaired by alcohol or drugs.
Where a member of the SES returns a non-negative result in an on-site drug screening test, their
immediate supervisor will be advised. Any member of the SES returning a non-negative result will
be subject to the same outcomes and processes as non-SES IBP workers.
Laboratory results
Once the results are returned from the laboratory, the action will depend on whether the results
are positive (prohibited drugs present) or negative (prohibited drugs not present). All confirmed
negative results will entitle the IBP worker to resume normal duties immediately if they have been
placed on modified duties or miscellaneous leave.
If the laboratory confirms the presence of prohibited drugs and the report shows the results are
consistent with declared medication (if any), and do not suggest inappropriate use of
pharmaceutical products, the worker may return to normal duties. This is considered a negative
result.
Positive laboratory results will be referred to the MRO for assessment, verification and advice. All
confirmed positive laboratory results indicating the presence of prohibited drugs or their
metabolites over the permissible levels that are not consistent with prescribed medication, or that
indicate inappropriate use of pharmaceutical products, will be referred to the I&PS Branch for
consideration against the Code of Conduct and any other appropriate action.
An IBP worker who tests positive to the presence of a prohibited drug (not consistent with
prescribed medication, or involving inappropriate use of pharmaceutical products), and who is
determined to have breached the Code of Conduct, is liable to potential disciplinary sanctions as
set out in section 15 of the Public Service Act 1999. Positive drug results are extremely serious
and sanctions may include termination of employment, reduction in classification, reassignment of
duties, reduction in salary, deductions from salary by way of fine or a reprimand. For contractors,
consultants and other IBP workers who are not APS employees, outcomes following a nonnegative and confirmed positive will be considered in accordance with the relevant contractual or
Drugs and alcohol Instruction and Guideline 15 of 23
other arrangements, but commensurate with the seriousness with which the Department views
compliance with this Instruction and Guideline.
7. Disputed results
Urine samples
If an IBP worker wants to challenge the laboratory analysis results they are able to request that
the referee sample be made available for independent testing by another accredited laboratory.
Testing is at the expense of that IBP worker. All the records of the original test must be made
available for re-examination. Procedures, including chain of custody and testing of the referee
sample, must align with AS/NZS 4308:2008. The IBP worker should contact the DCU to initiate
this request in order to ensure control and chain of custody of the sample and records. Chain of
custody provides confidence that the sample tested by the laboratory is attributed to the correct
person.
Because of the possible degradation of the sample over time, re-testing using mass spectrometry
need only detect the presence of the drug or metabolite. Accordingly, no confirmatory test cut-offs
apply.
The DCU may refer the matter to the MRO for verification of results and advice. The report of the
MRO will be made available to the IBP worker.
Body samples other than urine
If an IBP worker wants to challenge the laboratory analysis results then the referee sample must
be made available for independent testing and the record of the original test must be made
available for re-examination. Testing is at the expense of that IBP worker. Due to possible
degradation of the body sample over time, re-testing need only detect the presence of alcohol or a
prohibited drug.
The IBP worker must contact the DCU if they want to challenge the laboratory analysis results in
order to ensure control and chain of custody of the sample and the records.
8. Support and information
services
Medications and medical conditions - impact on drug screens
At the time of the sample being provided and/or the initial on-site screening test, individuals will be
asked if they are taking any medication. Individuals are not required to declare medications, or
disclose any information about their health or medical conditions. However, a declaration of
medication may assist in understanding a non-negative result.
Drugs and alcohol Instruction and Guideline 16 of 23
IBP workers can contact the contracted external testing company with questions regarding the
potential implications of specific prescribed medications on testing results. Contact details for the
external testing company are available on the intranet.
Further information and advice on the effect of prescribed medications on testing results can be
sought from the prescribing medical practitioner.
Where an IBP worker provides a medical reason for failing to give a sample, this will be assessed
on a case by case basis and referred to the Medical Review Officer (MRO) for consideration. IBP
workers may contact the DCU to discuss their circumstances in relation to drug and alcohol
testing.
Voluntary disclosure
The Department encourages any IBP worker who is suffering from substance dependence to
discuss the matter with their supervisor or the Work Health and Safety section, in advance of
workplace testing. Substance dependence includes illicit drugs, alcohol and pharmaceutical
drugs.
Admissions of illegal and illicit drug use will be subject to mandatory reporting where both the IBP
worker and their supervisor have responsibilities to act. Generally, if an individual provides
information that is self-incriminating, information provided or answers given by an individual will
not be admissible in evidence against that IBP worker. However, this does not apply in relation to
information, answers to questions or documents relevant to an alcohol or drug test in the following
proceedings:
•
•
•
proceedings in relation to a decision of the Secretary to terminate the
employment or engagement of an IBP worker
proceedings under the Safety, Rehabilitation and Compensation Act 1988
proceedings in tort (a civil wrong resulting in injury to another person, e.g.
negligence) against the Commonwealth that are instituted by the IBP worker.
Support for workers
The Department will provide reasonable assessment and support to employees who voluntarily
seek assistance with problematic use of alcohol or other drugs (including both prohibited drugs
and legally available substances). Requests for assistance will be treated with appropriate
confidentiality in accordance with relevant privacy legislation but subject to any mandatory
reporting obligations in relation to possible misconduct.
The nature and extent of any assistance will be considered by the Assistant Secretary, People
Strategy and Policy Branch on a case by case basis, having regard to all the circumstances and
consistent with this Instruction and Guideline. Assistance may include formal rehabilitation
processes, which are likely to be at the employee’s expense. If rehabilitation is not completed
within twelve months, or a verified positive test is returned, the matter may be referred for
consideration with respect to fitness for continued duty and against the Code of Conduct.
Where appropriate, on a case by case basis, the Department will aim to maintain the employment
of employees undergoing rehabilitation for alcohol and drug dependence. However, in some
circumstances this may not be possible. In addition to the integrity risks associated with
substance dependence, an individual’s attendance, performance and behaviour may be impacted,
creating a conflict with the terms and conditions of their employment. In cases involving the abuse
of prohibited drugs, the Department will find it more difficult to justify retaining the employee.
Drugs and alcohol Instruction and Guideline 17 of 23
All employees may access professional and confidential short-term counselling for any matter
including issues concerning drug and alcohol use by accessing the services of the Employee
Assistance Program (EAP). These services are confidential and at no cost to the employee.
Additional information, assessment and support are available from general practitioners, drug and
alcohol helplines and local area health services.
The Department may arrange medical or other assessment and will support any such employee
that it appropriately can in terms of workplace rehabilitation. Any commitment by the Department
to retain and support employees who voluntarily disclose will include obligations on the employee.
Any rehabilitation and/or after-care programme will require, at a minimum, full disclosure by the
individual.
The Department will strive to ensure consistency and equity in its responses to such cases.
Responses may involve a risk assessment and, if appropriate, an I&PS Branch investigation into
the circumstances, possible culpability, and other factors of the drug use if an illicit drug is
involved. The abuse of illicit drugs is inconsistent with our role at the border.
The Department urges any IBP worker who has been, or suspects they have been, the subject of
involuntary ingestion of any legal, illegal or illicit substances (food or drink ‘spiking’) to report such
instances to the police, and advise the I&PS Branch by submitting a Declarable Circumstances
form as soon as practicable after the event.
9. Administration
Certification of external service provider and equipment
Certificates of authorisation for external service providers, testing equipment and training are
available on the intranet.
Certificates of authorisation of testers are available for presentation during testing.
Review
The Department will review this Instruction and Guideline annually in the context of the
Department’s audit and assurance regime.
Provision of information and record keeping
Recording of positive testing outcomes will be kept and reported, in accordance with the ABF Act
and the Privacy Act 1988 (Cth) (Privacy Act).
The Department will comply with obligations it has under the ABF Act and the Privacy Act,
including in relation to the collection, storage, use, and disclosure of personal information. Within
the Department, information may be referred to the DCU, I&PS Branch and other parts of the
People Division (for example, where there are fitness for duty issues), and the IBP worker’s
Assistant Secretary.
Information revealed by a test may only be disclosed outside the Department in accordance with
the Privacy Act or where:
•
the IBP worker consents in writing to the disclosure
Drugs and alcohol Instruction and Guideline 18 of 23
•
•
•
•
•
•
•
the information is already lawfully publicly known
where permitted by the law
investigation of any offence or offences is required to be undertaken
conduct issues with respect of the Public Service Act 1999 are to be dealt with in
order to enable any action to be taken by the Secretary or the ABF
Commissioner in relation to that issue
a decision whether to institute proceedings for an offence needs to occur
proceedings for an offence needs to occur
the disclosure is for the IBP worker’s medical treatment and the IBP worker does
not have capacity to consent in writing to the disclosure.
10. What happens if this
Instruction and Guideline is not
followed?
Departmental employees are reminded that Instructions and Guidelines have the effect of being
directions of the Secretary under the Public Service Act 1999. Departmental employees must
therefore comply with the requirements of this Instruction and Guideline. A failure, neglect or
refusal to adhere to the Instruction and Guideline may give rise to a breach of the Code of
Conduct in the Public Service Act 1999, the duties of officials under the Public Governance,
Performance and Accountability Act 2013, an offence under the Criminal Code Act 1995, and may
result in disciplinary or other appropriate action being taken commensurate with the
circumstances and the seriousness of the occurrence.
For contractors and consultants, this Instruction and Guideline must be complied with. Failure to
comply may constitute a breach of their contract and/or the Integrity Measures Secretary Direction
under the Australian Border Force Act 2015.
11.
Related policies
•
Mandatory Reporting Instruction and Guideline
•
Procedures for determining suspected breaches of the Code of Conduct
•
Declarable Circumstances
Legislation and other references
•
Australian Border Force Act 2015
•
Public Service Act 1999 (Cth)
•
Public Service Regulations 1999
•
APS Code of Conduct
•
Protective Security Policy Framework (PSPF)
Drugs and alcohol Instruction and Guideline 19 of 23
•
Australian/New Zealand Standard for urine testing, AS/NZ Standard 4308:2008,
Procedures for specimen collection and the detection and quantitation of drugs of
abuse in urine.
•
Australian Standard AS 4760-2006 Procedures for specimen collection and the
detection and quantitation of drugs in oral fluid.
•
Society of Hair Testing guidelines for drug testing in hair
12.
Consultation
Internal consultation
The following internal stakeholders have been consulted in the development of this Instruction
and Guideline:
•
•
•
•
Integrity, Security and Assurance Division
Legal Division
People Division
all staff through Department-wide consultation.
External consultation
The following external stakeholders have been consulted in the development of this Instruction
and Guideline:
•
•
staff representatives through the National Staff Consultative Forum
Community and Public Sector Union.
Drugs and alcohol Instruction and Guideline 20 of 23
13.
Glossary
Alcohol blood test – a test of a person’s blood to determine the amount of alcohol (if any) in the
person’s blood; may be requested by an IBP worker who is directed to undergo an alcohol breath
test and where the alcohol breath test indicates the presence of alcohol.
Alcohol breath test – a test of a person’s breath to determine the amount of alcohol (if any) in
the person’s blood; usually conducted when an alcohol screening test shows that alcohol is
present in the person’s breath.
Alcohol screening test – a test of a person’s breath to determine whether alcohol is present in
the person’s breath; an initial screening test.
Alcohol free workplace – a workplace in which:
•
•
•
staff are not impaired by alcohol
alcohol is not consumed on the premises (except where authorised)
alcohol is not consumed during work hours (except where authorised).
Authorised Officer - a departmental officer authorised by the Secretary or the ABF
Commissioner to conduct alcohol screening and alcohol breath tests, and to give an IBP worker a
direction under sections 34, 35, and 36 of the ABF Act.
Body sample – human biological fluid, human biological tissue (whether alive or otherwise),
human breath; includes, for example, blood, urine, oral fluid (saliva), and hair (not including hair
samples from the genital, anal and buttocks area).
Breath alcohol concentration (BrAC) - a measure of alcohol concentration in expired breath
measured in grams of alcohol per 210 litres of breath.
Code of Conduct – the APS Code of Conduct in section 13 of the Public Service Act 1999.
Confirmatory test – a test conducted by an accredited pathology laboratory to confirm the
presence or absence of drugs or alcohol detected in an on-site screening test; can identify the
specific drug.
Cut-off level – when prohibited drug testing is conducted, a result below the cut-off level for that
drug is a negative result; there are different cut-off levels for initial screening tests (conducted onsite) and confirmatory tests (conducted in a laboratory) because initial screening tests are less
accurate and reliable. Cut off levels for drug tests are included in the Drug Testing Associated
Document. ‘Cut-off level’ is also used to describe the prescribed concentration of alcohol which
IBP workers must remain below.
DAMP – Drug and Alcohol Management Programme.
DCU – DAMP Coordination Unit.
Departmental workplace – has the meaning given in section 8 of the Work Health and Safety
Act 2011 (Cth):
1. A workplace is a place where work is carried out for a business or undertaking
and includes any place where a worker goes, or is likely to be, while at work.
2. In this section, place includes:
a. a vehicle, vessel, aircraft or other mobile structure, and
Drugs and alcohol Instruction and Guideline 21 of 23
b. any waters and any installation on land, on the bed of any waters or floating
on any waters.
IBP worker – has the same meaning as set out in section 4 of the ABF Act and the Secretary’s
Determination under section5 of the ABF Act.
Initial screening test – in relation to drug testing, this is an initial test conducted on-site to obtain
an immediate indication of drug use in general categories; non-negative results on an initial
screening test are sent to a laboratory for confirmatory testing.
MRO – Medical Review Officer; reviews and verifies results of prohibited drug tests and considers
situations where medical reason given for non-compliance with direction to undergo testing.
Non-negative result – refers to a result of an initial screening test in a prohibited drug test that is
not negative, that is, prohibited drugs are detected at or above the cut-off levels for initial
screening tests.
Off-site testing (urine) – two samples are collected and sent to the laboratory for immunoassay
screening and confirmatory testing.
On-site testing (urine) – a urine sample is screened by the authorised collector using an
authorised immunoassay device, at the place of collection.
Prohibited drug – a narcotic substance (within the meaning of the Customs Act 1901) or any
drug specified in a legislative instrument under section 4(3) of the ABF Act.
Prohibited drug test – a test of a body sample of a person to determine the presence (if any) of
a prohibited drug in the sample.
Trafficking – has the meaning given in section 302.1 of the Criminal Code Act 1995, as follows:
1. a person traffics in a substance if:
a.
the person sells the substance, or
b.
the person prepares the substance for supply with the intention of selling any
of it or believing that another person intends to sell any of it, or
c.
the person transports the substance with the intention of selling any of it or
believing that another person intends to sell any of it, or
d.
the person guards or conceals the substance with the intention of selling any
of it or assisting another person to sell any of it, or
e.
the person possesses the substance with the intention of selling any of it.
2. For the purposes of paragraph 1b, preparing a substance for supply includes
packaging the substance or separating the substance into discrete units.
Drugs and alcohol Instruction and Guideline 22 of 23
14.
Endorsement
Endorsed on
29 July 2015
By
Martine Cooper
Signed
A/g Assistant Secretary
People Strategy and Policy
Branch
Endorsed on
29 July 2015
By
Kaylene Zakharoff
Signed
Assistant Secretary
Integrity and Professional
Standards
15.
Approval
Approved on
29 July 2015
By
Paula Goodwin
Signed
A/g First Assistant Secretary
People Division
Period of Effect
3 years from 1 July 2015
Review Date
1 July 2016
Drugs and alcohol Instruction and Guideline 23 of 23