Many Australian organisations are operating with drug and alcohol policies that were written years — sometimes decades — ago. These legacy policies may have served the organisation well when they were first implemented, but the legislative landscape, workforce composition, and available testing technologies have all changed significantly. The challenge is updating the policy to reflect current requirements without discarding the elements that are already working.

This article provides a practical approach to modernising your drug and alcohol policy efficiently and effectively.

When Does a Policy Need Updating?

Several triggers should prompt a review of your existing policy:

• Legislative changes — amendments to the Work Health and Safety Act, the Fair Work Act, state privacy legislation, or anti-discrimination laws may require policy changes. The increasing prevalence of medicinal cannabis prescriptions is a prominent example.
• New roles or operational changes — if your organisation has introduced new safety-sensitive roles, expanded into new industries, or added contractors and labour hire workers, the policy may need to be broadened.
• Incident or near-miss — a serious safety incident involving substance impairment is a clear indicator that the policy may not be doing its job.
• Fair Work Commission or court decisions — case law evolves, and decisions involving other employers can have implications for your policy. A policy that does not reflect current jurisprudence may be found wanting if challenged.
• Industry standard changes — updates to AS/NZS 4308 or AS 4760, or changes in industry best practice, should be incorporated.
• Employee feedback or union representations — consistent feedback about ambiguity, perceived unfairness, or practical difficulties in implementation may indicate that the policy needs revision.

As a general rule, policies should be reviewed at least annually, even in the absence of specific triggers.

Conducting a Gap Analysis

Before making changes, assess the current policy against what it should contain. A structured gap analysis involves:

• Benchmarking against current legislation — review each section of the policy against the current WHS Act, Fair Work Act, privacy legislation, and anti-discrimination laws applicable in your jurisdiction.
• Comparing with industry standards — how does your policy compare to those used by similar organisations in your industry? Industry bodies and peak associations often publish guidance documents that can serve as useful benchmarks.
• Reviewing testing types — does the policy cover all the testing types you currently use or should be using? Many legacy policies were written before oral fluid testing became common and may not address it adequately.
• Assessing the medicinal cannabis clause — if your policy was written before medicinal cannabis became widely prescribed, it almost certainly does not address the issue. This is now a critical inclusion.
• Checking the disciplinary framework — does the consequence matrix align with your current enterprise agreement and employment contracts? Are the consequences proportionate and defensible?
• Evaluating privacy provisions — are the data handling, storage, and retention provisions consistent with the Australian Privacy Principles and any applicable state legislation?

Document the gaps systematically. A simple table listing each policy section, its current content, the identified gap, and the recommended change is an effective way to scope the required updates.

What Typically Needs Updating

Based on our experience working with organisations updating legacy policies, the most common areas requiring attention are:

• Medicinal cannabis provisions — a clause addressing how the organisation manages employees with valid medicinal cannabis prescriptions, including fitness-for-duty assessments and the distinction between legal use and workplace impairment.
• Testing methodology — updating from urine-only to include oral fluid testing, or adding provisions for point-of-care devices.
• Scope expansion — extending coverage to contractors, labour hire workers, volunteers, and visitors who were not contemplated in the original policy.
• Support and rehabilitation pathways — modern policies place greater emphasis on EAP referral, return-to-work programs, and voluntary disclosure mechanisms.
• Technology references — replacing references to paper-based processes with digital record-keeping, electronic random selection, and secure digital storage of results.
• Privacy and data handling — strengthening provisions around who has access to results, how they are stored, and for how long.

The Consultation Process

Under WHS legislation, employers are required to consult with workers and their representatives when making changes to health and safety practices. Drug and alcohol policy updates fall squarely within this obligation.

Effective consultation involves:

• Notifying health and safety representatives — provide HSRs with the proposed changes and allow reasonable time for review and feedback.
• Engaging unions — where a union is party to the enterprise agreement or has coverage of affected workers, engage them early. Consultation after the fact is not consultation.
• Employee information sessions — hold sessions (toolbox talks, team meetings, or digital briefings) to explain the proposed changes, the reasons for them, and to invite feedback.
• Documenting the process — keep records of every consultation activity, including who was consulted, when, what feedback was received, and how it was addressed.

Consultation does not mean consensus. The organisation retains the right to make final decisions about the policy, but it must genuinely consider the feedback received and be able to demonstrate that it did so.

Communicating the Changes

Once the updated policy has been finalised, it must be communicated to all persons covered by it. This is not a formality — effective communication is essential for the policy to be enforceable.

• Distribute the updated policy — every employee, contractor, and other person covered by the policy should receive a copy. A signed acknowledgement of receipt and understanding should be obtained.
• Highlight the key changes — do not simply distribute the updated document and expect people to identify what has changed. Prepare a summary of the key changes and distribute it alongside the full policy.
• Conduct awareness sessions — particularly for significant changes (such as the introduction of medicinal cannabis provisions or a change in the disciplinary framework), face-to-face or virtual awareness sessions are advisable.
• Update training materials — supervisor training, induction materials, and any other documents that reference the policy should be updated to reflect the changes.

Managing the Transition Period

When significant changes are made, consider implementing a transition period. This allows employees time to adjust to the new requirements and provides the organisation with an opportunity to identify any practical issues before strict enforcement begins.

A transition period might involve:

• A defined period (e.g., 30 days) between the communication of the updated policy and its full enforcement.
• During the transition, positive results are still managed but with particular attention to whether the employee was aware of the changed requirements.
• Additional communication or training during the transition period to reinforce key changes.

The transition period should be documented and communicated clearly. It is not a “free pass” — it is a period of heightened awareness-building.

Getting It Done

Updating a legacy policy does not require starting from scratch. By conducting a structured gap analysis, consulting genuinely, communicating clearly, and managing the transition, you can modernise your policy efficiently while preserving the elements that are already serving you well.

Managing the testing program that underpins your updated policy is equally important. If you need a platform that keeps pace with modern policy requirements — from random selection and result management through to compliance reporting — start your free trial with FairTest and bring your program up to date.