HS102 Drug and Alcohol Policy 25.4

Drug and Alcohol Policy V3

References:

Human Rights Act 1993: http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304212.html

ILO: Management of alcohol- and drug-related issues in the workplace: http://www.ilo.org/safework/info/standards-and-instruments/codes/WCMS_107799/lang--en/index.htm

Privacy Act 2020: https://www.legislation.govt.nz/act/public/2020/0031/latest/LMS23223.html

New Zealand Bill of Rights Act 1990: http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html

Health and Safety at Work Act 2015: http://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976660.html

Education (Early Childhood Services) Regulations 2008: http://www.legislation.govt.nz/regulation/public/2008/0204/latest/DLM1412501.html

HS127 - Licensing Criteria

Definition of Alcohol and Drugs:

For the purposes of this policy, the term "alcohol" refers to any beverage that contains ethyl alcohol (ethanol) including but not limited to beer, wine, and distilled spirits.

For the purposes of this policy, the term "drugs" includes:

a) Illegal and/or restricted substances that cause or can cause impairment. This includes cannabis and hashish, opiates (heroin and morphine) cocaine, amphetamine type substances (speed, "P", ecstasy and party pills such as benzylpiperazine);

b) Herbal and synthetic drugs that may cause impairment; and

c) Prescription medication or over the counter medication that may cause impairment (such as tranquilisers, sedatives, or Valium.

Statement of Intent:

Employees

Windsor Montessori Preschool commits to ensuring the safest possible environment for tamariki and kaiako. The purpose of this policy is to reinforce that it is unacceptable for kaiako to be impaired in any way at work as a result of the consumption of alcohol and/or drugs.

It is acceptable to use and/or be under the influence of prescribed medication during work hours, so long as the influence does not impair judgement, mobility or bodily function. It is acceptable to use non-prescribed (over-the-counter) medications (including natural remedies, dietary supplements etc) during work hours, so long as the influence does not impair judgement, mobility or bodily function.

It is unacceptable to use any medication, prescribed or otherwise, that impairs the normal function of the employee or otherwise creates a risk to the safety of the tamariki in our care or others.

It is unacceptable under any situation or circumstance to work at our preschool whilst under the influence of alcohol and/or drugs. This includes the use of alcohol and/or drugs when not at work, but when that use might impact the employee’s behaviour or performance at work.

Instances of failure to adhere to this policy must be reported to management immediately and may lead to the immediate suspension of an employee pending further disciplinary action and will be treated as an alleged serious breach of their Employment Contract which (if proven) may impact on the employee’s employment status.

Issue Outline:

Using drugs or alcohol can lead to employee impairment while at work. Poor concentration, carelessness, risk-taking behaviour and errors in judgement can occur and there is a real possibility in such circumstances that the safety of the tamariki in our care may be put at risk. We recognise that employees may have reasonable circumstances for such impairment, such as a reaction to prescribed medications. However, in all instances of impairment driven by suspected drug or alcohol use a full investigation must take place. The safety and well-being of tamariki in our care; the reputation of our preschool; and the reputation and integrity of the people working in our preschool are key factors in the design and implementation of this policy.

Health and Safety Duties:

Under law, both employers and employees have a duty to ensure that the workplace is safe. We have a duty under the Health and Safety at Work Act to provide everyone in our preschool with the highest level of protection from risks as is reasonably practicable. A risk includes dangerous behaviour resulting from drug or alcohol use. Employees have a duty to take reasonable care for their own and others' safety. Employees must comply with any reasonable policy or procedure relating to health and safety, including this policy on alcohol and drugs.

Where alcohol and/or drug use is suspected in instances where it is reasonably believed an employee is under the influence of alcohol or drugs (e.g. as demonstrated by impaired judgement, mobility or bodily function); or where it is reasonably believed alcohol and/or drug use has occurred and that as a result there is a significant risk that their impairment may place tamariki or others at risk, the Head Kaiako/management will take immediate steps to protect the safety of tamariki at the preschool and other kaiako. This may involve the immediate suspension on full pay of the affected employee. An investigation will commence by management into the circumstances of the alleged breach of this policy. This may or may not lead to the requirement of an alcohol or drug test at the preschool’s cost. The results of the investigation (and alcohol or drugs test if applicable) will be provided to and discussed with the employee; and may lead to the commencement of a disciplinary process.

Employee’s Rights:

We will be sure not to infringe the rights of an employee, parent or guardian, which includes an employee’s, parent’s or guardian’s:

Right to privacy under the Privacy Act 1993; and
Rights under the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990.

Alcohol or Drug Testing of Employees:

We will only require employees and other workers to submit to alcohol or drugs tests if there is reasonable cause as outlined below. Employees must follow all legal and reasonable requests from the preschool management. Reasonable cause may include but is not limited to instances where the employee:

Is seen with drugs/alcohol or where other employees or members of the public report that the employee is using drugs and/or alcohol in such a manner as to give cause for concern that subsequent impairment may present a risk to the safety and wellbeing of tamariki and other adults at our preschool;
Shows signs of being affected by drugs or alcohol;
Fails to demonstrate appropriate judgement at levels and in a manner consistent with previous performance;
Has recently been involved in an accident or a near-miss.

If an employee refuses to undertake an alcohol or drugs test:

Management have the legal right to require an employee to participate in an alcohol and/or drugs test if there is reasonable cause. Refusal to participate in an alcohol and/or drugs test without an acceptable reason may lead management to draw whatever inferences that it considers to be appropriate and reasonable in the circumstances and may lead to the commencement of disciplinary process.

If an alcohol or drug test is positive:

In all cases we will discuss the results of an alcohol and drug test with the individual employees concerned. This may involve having the sample retested. We accept that a positive test result does not automatically mean that a drug has impaired that employee's performance while at work. However, a positive test is one of the facts that we can take into account to determine whether, on balance, there are reasonable grounds for believing that the employee is guilty of misconduct. Every process that we follow will be fair and we will ensure we have good reasons both to test and also to take action.

We will take into account:

The relevant employment agreement and workplace policies;
Was there an adverse impact or perceived adverse impact (for example, by other employees or the public) on the individual’s behaviour or work performance or the safety of others;
The previous performance record of the kaiako;
Any comments or information that the employee provided when they were challenged or when they divulged that their impaired behaviour or performance may have been from drug or alcohol use;
The reputation of our preschool.

If an alcohol or drug test is negative:

Depending upon the circumstances of the behaviour of the employee that gave rise to the suspicion of alcohol or drugs involvement, further discussion with the employee will likely take place, although not necessarily, as part of a disciplinary process

Parents and/or Guardians

In instances where it is reasonably believed that a parent or guardian is under the influence of alcohol or drugs (e.g. as demonstrated by impaired judgement, mobility or bodily function); or where it is reasonably believed that alcohol and/or drug use has occurred and that as a result there is a significant risk that their impairment may place tamariki or others at risk, the Head Kaiako/management will take immediate steps to protect the safety of tamariki at the preschool and other kaiako. This will mean that a tamaiti or tamariki will not be released into the care of the parent or guardian at the preschool. The Head kaiako will explain to the person collecting the tamaiti that we believe that they are demonstrating impaired functions and we are concerned that the safety of the tamaiti may be put at risk. As a result, we will contact another whānau member or friend (as listed under emergency contacts on the enrolment form) and ask that they come to collect the tamaiti in question. If necessary, the police will be contacted for support and asked to attend the preschool.

Date: November 2025

Next Review Date: November 27