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behaviour amounting to misconduct in

your workplace?

If one of your employees turns up

at work high or otherwise under the

influence of drugs and proceeds to

assault or injure another employee,

the employer can be held liable for

not exercising an appropriate level of

care in the workplace. It is highly

likely that the police and the relevant

Work Health & Safety regulator will

become involved and seek to conduct

their own investigations.

What is the key to protecting your

business? Process, process, process!

If you can demonstrate that you have

clear policies on drug use and clear

procedures on what should be done

when these policies are breached, you

are far less likely to find yourself on

the wrong end of a lawsuit or being

required to pay an expensive fine.

Drugs, unfortunately, are part of the

landscape of Australian society. There

is no identikit for a typical user and

there is no telling when this issue may

impinge upon your workforce. Be ready

to face the challenge – and make sure

your employees are on the journey

with you.

Shelley-Anne Brace is a Special

Counsel at Mills Oakley, a national law

firm. A former HR practitioner, Shelley

now practises law in the area

of workplace relations, employment

and safety.

This article is for general information

purposes only and is not (and should

not be relied upon as) legal advice.

You should seek specific advice from

a professional legal advisor on matters

arising from this publication

.

Mills Oakley

www.millsoakley.com.au

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