A guide to aligning your policy with evolving legal, safety, and workplace risk requirements.
Alcohol and other drugs (AOD) often intersect with many areas of personal and social life – and the workplace is no exception. Their presence can affect individual wellbeing, team dynamics and overall workplace safety. That’s why a robust clear and well-communicated drug and alcohol policy is essential to maintaining a safe, compliant, and high-performing environment.
Rather than defaulting to a generic, ‘tick-the-box’ approach, organisations should take a considered view of policy development. With evolving legal obligations, rising mental health risks, and the shift toward remote and hybrid work, your policy needs to go beyond simply stating your stance on substance use. It must actively manage risk, support employee wellbeing, and reflect your duty of care under state and federal WHS legislation.
This quick guide will help you ask the right questions to figure out whether your drug and alcohol policy is truly fit for purpose. Starting with…
Are You Meeting Your Legal Obligations?
Under the Work Health and Safety Act 2011, employers have a primary duty of care to ensure, as far as is reasonably practicable, the health and safety of workers. This includes addressing risks associated with alcohol and other drugs. These risks must be identified and controlled in the same way as any other workplace hazard.
Each state and territory has its own nuanced take on compliance with managing alcohol and drug-related hazards:
- New South Wales (SafeWork NSW) encourages risk assessments and impairment-focused testing, especially in high-risk industries.
- Victoria (WorkSafe VIC) promotes clear, enforceable policies aligned with zero tolerance for safety-sensitive roles.
- The Australian Capital Territory stipulates that in consultation with their workers, a person conducting a business or undertaking should develop a drug and alcohol policy that reflects the health and safety needs of their workplace.
- Queensland and other states follow WHS legislation that similarly emphasise consultation, clear communication and consistent policy enforcement.
Tip: If your policy hasn’t been reviewed since the introduction of medicinal cannabis or changes in recreational cannabis laws (such as in the ACT), it’s time for an update.
Does Your Policy Address Modern Workplace Risks?
Gone are the days of static, one-size-fits all policies. Today’s drug and alcohol policies need to account for:
- Increased stress and burnout post-pandemic, which has been linked to higher rates of substance misuse.
- Remote and hybrid work environments, where lines between personal and professional lives can become blurred.
- The rise of prescription medications and medicinal cannabis use.
Your drug and alcohol policy should focus on impairment, and not just detection. That means assessing whether an individual is fit to perform their role safely, not simply whether a substance is present in their system.
Do Your Testing Protocols Reflect Your Risk Profile?
A policy is only effective if it is backed by the right implementation strategy. That includes selecting the appropriate type of testing – (whether breath alcohol testing, oral fluid testing, urine testing, blood or hair testing) – and ensuring the frequency of testing matches the specific risks of your environment. This could include:
- Pre-employment screening for safety-critical roles and to test new hires in order to ascertain potential health risks.
- Random or blanket testing which can be unannounced testing in high-risk environments designed to deter substance abuse and maintain a safe workplace.
- For cause testing following incidents or where there is reasonable suspicion of impairment.
- Periodic or scheduled testing, often at uniform intervals, to monitor employee health and safety.
- Return to duty testing which may follow an absence from work due to a positive result AOD previously, or be included as part of return-to-work programs, supported by clinical expertise.
It’s important to note that testing is only one part of the equation. Bodycare also supports businesses with health surveillance, functional capacity assessments, ergonomic assessments and stress management training – all of which build a broader picture of worker wellbeing and operational safety; building a better picture of employee profiles.
Is Your Policy Supportive, Not Punitive?
A modern drug and alcohol policy must balance risk management with employee support. This means creating an environment where early intervention and support are prioritised, not just discipline.
- Clear procedures for self-disclosure and early intervention
- Pathways to Employee Assistance Programs (EAPs)
- Fitness-for-work assessments and return-to-work planning and support
- Education and training that builds awareness, responsibility and a safety-first mindset
When your policy is built around support and education, it contributes to a stronger safety culture and reduces stigma around seeking help.
Is It Time for a Policy Health Check?
WHS laws require regular consultation with employees and their representatives. Beyond compliance, it’s also best practice to:
- Review policies annually, or sooner following a workplace incident or change in legislation.
- Revisit your policy if it feels outdated, no longer fits your risk profile, or lacks clarity in its implementation steps.
Whether you need guidance on policy development, assistance with testing, or broader support for your workforce, Bodycare can help you bring your drug and alcohol policy in line with best practice – and make it a meaningful part of your health and safety strategy.
Reach out today if this is something you would like assistance with.

