

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
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