News & Views

Fitness for Work policies - ensuring compliance with the Building Code 2013

As of 1 February 2016, Fair Work Building & Construction (FWBC) commenced the final stage of its three phase implementation of the new drug and alcohol requirements as part of the Building Code 2013 (the Building Code).

The first and second stages focused on providing information to industry on the new requirements, reviewing contractors’ policies and providing feedback on compliance with a strong focus on voluntary rectification.

FWBC is now actively auditing contractors’ fitness for work policies to assess the practical implementation of drug and alcohol testing onsite.

In the course of reviewing contractors’ policies during stage two, FWBC has found consistent issues of non-compliance with the Building Code. 

These include:

• failing to meet the minimum, frequent and periodic testing (at least once per month) requirements of the workforce in the required numbers;

• relying on impairment testing rather than using an objective medical testing method for random testing . Impairment testing is a subjective testing method;

• failing to ensure that contractors are subject to the zero tolerance (subject to detectable levels) requirements of the Building Code;

• failing to list the required substances that will be tested for;

• failing to outline procedures for targeted testing of higher risk activities;

• failing to outline the procedures relating to employees being prevented from returning to work until they are fit to return to work;

• failing to outline procedures for the selection of personnel to be tested;

• failing to outline how those on site (including the employees of the principal contractor, subcontractors and their employees and others) will be required to comply with the relevant fitness for work policy; and

• requiring subcontractors to pay for training.

All construction projects that meet a threshold for Commonwealth funding are required to have a fitness for work policy that includes mandatory random drug and alcohol testing for those on site undertaking building work. Contractors must ensure their policy is compliant and that the testing regime onsite reflects that policy. The examples listed above would render a contractor’s fitness for work policy non-compliant with the Building Code and may ultimately lead to exclusion from Commonwealth funded building work.

It is important that all industry participants are aware of their obligations and develop policies that are compliant with the Building Code.  FWBC will continue to review fitness for work policies to assist contractors in achieving this goal.

Further information on the drug and alcohol testing under the Building Code can be found at www.fwbc.gov.au/building-code/drug-and-alcohol-testing-under-building-code-2013.

Source:  Fair Work Building & Construction 23 March

Please contact NECA Industrial Relations Department on (02) 9744 1099 or email gordon.jervis@neca.asn.au for further information.