Workplace drug and alcohol testing in New Zealand
Drug and alcohol impairment are among the leading causes of workplace injury, fatalities and absenteeism. Like most western countries, New Zealand companies implement drug and alcohol testing at their workplace to ensure business run safely and productively. The employer must work collaboratively with their employees to prevent and mitigate the risk of drug and alcohol use in the workplace instead of focusing on reactive punishment. Are companies legally obligated to perform workplace drug and alcohol testing? No. An employer may only require their employees to test their workers if it was stipulated in the employment contract/agreement. Although companies are bound by law to ensure they offer a safe place for their workers to conduct work, they’re not legally obligated to test them for drug and alcohol impairment. However, it goes without saying that employers should provide the highest level of care and protection for all employees. Pre-employment drug and alcohol testing In high-risk workplaces, such as commercial construction sites or where heavy machinery is operated, employers might opt to run drug and alcohol tests for candidates before offering them a position. This can achieve two things; it communicates to all potential employees that the company takes drug and alcohol impairment in the workplace seriously and ensures the candidates they move through the interview process have safe attitudes towards their work. If you wish to perform pre-employment tests on candidates in New Zealand, then stating it clearly in the job description means they’re fully aware of what to expect when the time comes. What occupations are usually targeted for drug and alcohol testing? Industries that are more likely to conduct drug and alcohol testing in New Zealand workplaces are those that are high-risk or in safety-critical workplaces. · Health care and medical · Transportation · Manufacturing · Construction · Defence · Education · Private security Things to consider before drug and alcohol testing your New Zealand employees: Safety: if a drug and alcohol test could identify the impairment of an employee, which would then result in significant risk mitigation by eliminating that employee from the workplace and subsequent injury, then regular drug and alcohol testing may be suited. Rights: It’s important to consider the rights of all New Zealand employees, as outlined in the Privacy Act 2020, the Human Rights Act 1993(external link) and the New Zealand Bill of Rights Act 1990, to ensure such testing does not infringe upon their rights. Mutual agreement: if policies were developed, explained in detail, and agreed upon by the employee upon signing their employment contract, then it’s reasonable to request drug and alcohol testing. However, the language you use around this policy must be carefully considered with the help of your legal team. You can find a draft clause in the employment agreement builder for New Zealand here. Before requiring a drug and alcohol test from your employee, you might consider how fair a request it is. Does the request adhere to the drug and alcohol policy outlined in your worker’s employment contract? Do you have reason to believe the employee was impaired at work? I.e. were they or someone else injured due to their perceived negligence? Do they have a history of behaving negligently? What happens if a drug and alcohol test results in a positive reading? You must adhere to the guidelines stipulated in the relevant policy and in the employee’s employment contract if a drug and alcohol test returns a positive reading. This process will involve discussing the results with your employee in a private environment and may involve requesting a retest to ensure the initial reading was accurate. Even though a positive test doesn’t mean an employee was noticeably impaired at work or that their behaviour has risked the safety of those around them, it gives the employer tangible evidence that the employee is guilty of misconduct. It’s up to the discretion of the employer if they wish to terminate the employment of the worker upon receiving a positive result. Types of drug and alcohol testing Standard drug and alcohol tests will screen for common drugs like methamphetamine, cannabis, cocaine, opiates, heroin and alcohol. There are various procedures for workplace drug testing in New Zealand, from the most commonly used method of urine (can trace drugs and alcohol for up to 24 hours) and saliva (detects drug and alcohol use within 12 hours) to hair (detects certain drugs for up to 90 days). A common test for alcohol use, standard breath testing can detect alcohol for up to 24 hours. What organisations conduct workplace drug and alcohol testing in New Zealand? There are many reputable third-party organisations that can facilitate safe and secure drug and alcohol testing in your New Zealand workplace, should the need arise. Drug Testing Services in New Zealand specialises in workplace testing, namely urine screening, breath testing and hair follicle testing. Resultz is another leading provider of workplace testing in New Zealand, offering saliva tests, hair strand tests, urine drug tests and alcohol breath testing. ESR’s laboratories provide extensive urine testing services for the New Zealand police force, customs and immigration and many other organisations. Unfortunately, in many cases, employee testing is the only reliable solution to minimising the risks associated with drug and alcohol-related injury in New Zealand workplaces. A good drug and alcohol policy can be a valuable tool to help maintain optimal health and safety within your workplace. For advice on how to implement a thorough and fair policy when hiring workers in New Zealand, contact ANZPEO.
How to negotiate working from home with your employer
Working-from-home entitlements have historically only been afforded to senior-level executives and company top performers. Lower-level executives had rarely bothered to negotiate working from home with their employer. As the pandemic struck, businesses worldwide had no choice but to enforce working-from-home rules for every employee within the business. Although lockdowns have ended, priorities of work-life balance have remained. More and more, skilled professionals are adding hybrid or fully-remote working entitlements as their pre-requisite for employment. How working life has changed since covid Prior to the pandemic, the rate at which Australian workers were working from home was increasing by about one percentage point every two years. Come August 2021, the figure had climbed by 8.4% to 40.6%. Around two-thirds of those working from home were managers and professionals. The data from New Zealand looks a little different. One report from the New Zealand Journal of Employment Relations found that the pandemic resulted in an estimated 29% of workers conducting full-time work from home. Why do people want to work from home more? There is little wonder why more and more professionals wish to work from home; aside from added flexibility and the promise of increased productivity, many argue working from home gives them more time back in their day to do the things they love. For example, take a fitness class, pick their kids up from school or do the grocery run during their lunch hour. They can manage their time more effectively and live a more balanced life. One study conducted by Cisco in early 2022 found that the ability to work from anywhere has made 8 out of 10 New Zealand professionals happier. Over 60% say their productivity has increased, and almost 80% claim to save money, with an average annual savings estimate of $13,000. Why do managers fear the great working-from-home revolution? There are pros and cons to a remote or hybrid working plan. For one, the impact virtual meetings have on collaboration means working together to solve problems, and on projects collectively can be more difficult. Some managers with traditional views believe working out of the office inhibits productivity, even though all signs point to the opposite. They think not having their teams at arm’s length means they have less control over them or can’t keep tabs on them (yes, I’m talking about the micromanagers). The problem with these views is that the focus moves away from results to the quantity of time spent at a desk. As long as they can see their teams physically in front of them 40 hours a week, they appear to be getting their work done, according to some managers. This just isn’t the case. How to negotiate working from home with your employer If you work, or have recently been offered a role at a company that does not offer remote working conditions with their employees, and you wish to change that, then your first port of call is to build a case for it. 1. Outline how working from home will benefit you and the company Your first step in working out how to negotiate working from home with your employer: creating a mutually beneficial plan for both employer and employee? Document how allowing you or a number of staff members to work from home will benefit them. They’d be able to reduce in-office costs (electricity, facilities, space etc.), there would be improvements in their employees’ mental health, and staff will be more inclined to work extra hours in the time they save commuting to and from work. Then outline how you will specifically benefit from working from home. Will you be more productive? Would you be willing to start earlier due to the lack of commute? How will your mental health benefit? Document these benefits clearly and present them to your manager as part of your proposal. 2. Present the evidence Countless online studies address the benefits of working from home for employees. When putting together a proposal, strengthen your case by outlining the evidence. Some great resources include stats.nz, PWC and Statista. 3. Explain clearly how your home office will be set up Managers don’t want to hear their employees are hunched over a 15-inch laptop at their dining table, surrounded by baskets of washing and screaming children. This environment isn’t productive for anyone. Make sure they know exactly how you plan on setting up your office. Ensure that you have a dedicated desk in a quiet space with a fixed monitor, keyboard and mouse. The area will be away from the distractions of everyday life and structured with ergonomics in mind. Paint as clear a picture as possible when describing your proposed office set-up to your employer can visualise how you plan to maintain productivity. 4. Outline how you propose maintaining clear and consistent communication with all employees throughout the day. Historically, employers have dismissed working-from-home plans as companies didn’t have the means to ensure their employees could communicate with the teams effectively. Today, corporate messaging and project management platforms like Slack and Asana make for seamless employee collaboration and communication. Both are very effective forms of communication. However, many managers will be hesitant to implement them company-wide if you’re the only employee in the company who will be working from home. Standard email communication between employees may be the most effective option if this is the case. To give your manager the confidence that you’ll be productive at home, make a promise to issue them a list of all the projects you’re working on at the conclusion of the working day. Clearly define what you achieved that day, what you’re having trouble or need assistance with, what projects you plan to work on for the remainder of the week, and so on. 5. Suggest a trial of the new remote or hybrid set-up To prove that the concept of working from home will be advantageous for all employees involved, suggest a one-month trial in your new proposed environment. During this month, document every area you believe works and those that need improvement.
The office evolution in New Zealand
The modern office; what’s ‘normal’ in 2022? Things were already evolving but the pandemic fast-tracked changes to the way we live and work, in particular when it comes to offices and business headquarters. Being forced to stay home highlighted the fact that many people can now work from anywhere. Home offices and hybrid working are the new normal, and employers must embrace the change if they want to attract and retain the best people. These are the three most significant factors in the office evolution Working from home It’s well known that many New Zealanders were forced to switch to working from home throughout the pandemic. At one point, data from Stats NZ showed that more than 40 per cent of New Zealanders were logging into work from their living rooms, bedrooms and home offices. Lockdowns and quarantine measures forced many New Zealand employers to figure out how their team could stay safe at home and still get their work done. The result was a decisive shift to video calls and online chat. While working from home isn’t possible for everyone, and some people struggle with the lack of in-person interactions, this way of working can be a win for employers. One study, by Stanford University, of 16,000 workers over 9 months found that working from home increased productivity by 13%. The interesting caveat of the study was that it didn’t factor in people working from home with their children around (which fortunately is now less of an issue) and it had people showing up to an office once a week (more on that shortly). The hybrid worker Meeting in the middle of WFH and WFA is the hybrid workplace. Hybrid workers work both at the office and from home — general three days in one and two in the other. Companies are setting mandatory days so people can get together in person, collaborate and get back to the traditional office ‘watercooler’. They are also appreciating the value in freeing people from their regular commute. Hybrid work has placed different expectations on the modern office. All of a sudden, coming to work is an experience to look forward to. Companies are adapting by creating smaller but more flexible office environments (with hot desks and lockers, for example) and by introducing incentives like free lunches on the days when people are physically present. The Stanford report shared that In-person collaboration is necessary for creativity and innovation. The researcher found that face-to-face meetings are still essential for developing new ideas and keeping staff motivated and focused. With this in mind, creating the opportunity for regular in-person gatherings, even for WFA employees, should be kept in mind. COVID-19 safety The final factor in the new office is the still-present threat of COVID outbreaks in New Zealand. The pandemic is not yet entirely over, and the future remains uncertain. Modern offices provide hand sanitiser, protective barriers and opportunities for social distancing. When outbreaks occur, there are policies in place to enable people to quickly shift back to working from home, particularly if they have health issues that put them in a high-risk category. If you do business in New Zealand, keep an eye on the COVID-19 protection framework for updates about COVID control at work. Is the office dead? The short answer is, no. According to the Royal Institution of Chartered Surveyors, more than three-quarters of 78% of survey participants report seeing re-purposing of office space, but still view the office as essential for a company to operate successfully. RICS.org also stated that, “As countries learn to live with COVID, 80% of respondents in New Zealand still believe an office is essential for a company to successfully operate. However, 85% of contributors report that they are seeing an increase in demand for more flexible and local workspaces.” This points back to the office evolving but still being very much a part of our lives. Want to figure out the right office solution for your business in New Zealand? Talk to ANZPEO today.
The office evolution in Australia
The modern office; what’s ‘normal’ in 2022? Things were already evolving but the pandemic fast-tracked changes to the way we live and work, in particular when it comes to offices and business headquarters. Being forced to stay home highlighted the fact that many people can now work from anywhere. Home offices and hybrid working are the new normal, and employers must embrace the change if they want to attract and retain the best people. These are the three most significant factors in the office evolution Working from home It’s well known that many Australians were forced to switch to working from home throughout the pandemic. At one point, data from the Australian Bureau of Statistics showed that 40 per cent of Australians were logging into work from their living rooms, bedrooms and home offices. Lockdowns and quarantine measures forced many Aussie employers to figure out how their team could stay safe at home and still get their work done. The result was a decisive shift to video calls and online chat. While working from home isn’t possible for everyone, and some people struggle with the lack of in-person interactions, this way of working can be a win for employers. One study, by Stanford University, of 16,000 workers over 9 months found that working from home increased productivity by 13%. The interesting caveat of the study was that it didn’t factor in people working from home with their children around (which fortunately is now less of an issue) and it had people showing up to an office once a week (more on that shortly). The hybrid worker Meeting in the middle of WFH and WFA is the hybrid workplace. Hybrid workers work both at the office and from home — general three days in one and two in the other. Companies are setting mandatory days so people can get together in person, collaborate and get back to the traditional office ‘watercooler’. They are also appreciating the value in freeing people from their regular commute. Hybrid work has placed different expectations on the modern office. All of a sudden, coming to work is an experience to look forward to. Companies are adapting by creating smaller but more flexible office environments (with hot desks and lockers, for example) and by introducing incentives like free lunches on the days when people are physically present. The Stanford report shared that In-person collaboration is necessary for creativity and innovation. The researcher found that face-to-face meetings are still essential for developing new ideas and keeping staff motivated and focused. With this in mind, creating the opportunity for regular in-person gatherings, even for WFA employees, should be kept in mind. COVID-19 safety The final factor in the new office is the still-present threat of COVID outbreaks. The pandemic is not yet entirely over, and the future remains uncertain. Modern offices provide hand sanitiser, protective barriers and opportunities for social distancing. When outbreaks occur, there are policies in place to enable people to quickly shift back to working from home, particularly if they have health issues that put them in a high-risk category. Is the office dead? The short answer is, no. The office may be changing, but it is far from dead. In fact, many overseas investors are still pouring money into Australian office spaces. Hong Kong and US interests have been snapping up billions of dollars worth of office space, in the Sydney and Melbourne CBDs, which shows the corporate world at least still has use for this way of working. Want to decide on the right office solution for your business in Australia? Talk to ANZPEO today.
COVID surge: Should your team be working from home?
Unfortunately, COVID has made a comeback in New Zealand, with cases rising to several thousand per day across most parts of the country. Hospitalisations are starting to fall in New Zealand as the second Omicron wave comes to an end. All the same, lots of people are coming down with influenza, which is expected to continue circulating through to the end of winter. As a result, people are starting to feel wary about travelling on public transport and being in crowded environments again. This has put working from home back on the agenda. COVID in New Zealand Mask usage around New Zealand currently appears to be on and off. While schools were advised to implement face mask use when term three began, many workplaces are making their own decisions. To share an example of what corporate brands are doing, Apple has decided to allow corporate staff to work without masks if they choose, and many city mayors are leaving mask usage up to personal choice. Despite the general relaxation, the Arden government still heavily endorses the use of masks in accordance with their traffic light system. As for working from home, the general consensus is that hybrid working is becoming a new norm. In New Zealand, employees are entitled to request to work from home. They must submit the request in writing but do not have to state the reason for the request. New Zealand employers, on the other hand, have to have a reasonable explanation for denying a work-from-home request. Some parties, however, would like to see a return to the workplace. Auckland’s Chamber of Commerce chief executive Michael Barnett, for instance, worries about the situation of retailers and food service providers in Aukland’s business centre. He says, “Probably the best thing that could happen in the city right now is if government and government agencies all brought their people back. Government is the largest employer, so if they brought their people back, that would make a difference to what is happening in the centre of Auckland.” The choice is yours New Zealand Prime Minister Jacinda Ardern is yet to issue a firm directive around working from home or mask mandates in New Zealand workplaces. Ardern has had more to say on mask usage in school recently than in the workplace. She was quoted as saying, “Ultimately here we have said we are not making it compulsory but we are strongly encouraging use.” With the traffic light system set to orange though, outside of the mandated areas such as public transport and indoor retail spaces, the choice is up to the employer. As a company that employs New Zealanders, it is up to executives and team members to decide what’s best for people and what’s possible. When it comes to vaccines and boosters, some workers still need to be vaccinated but it does depend on the work they do and their workplace. You can see more information about mandatory vaccination in New Zealand here. Along with working from home and asking people to wear masks, the other thing to consider is allowing staff time off work so they can go and get a booster shot. Finally, as a business, you still have to accommodate isolation rules for those who do test positive for COVID. Under current guidelines, someone who tests positive must stay at home for at least seven days or until they have no symptoms. According to Employment New Zealand, employees are entitled to a reasonable time away from work for vaccinations and that includes booster shots. You’ll find information about the current orders for people who test positive for COVID here. When in doubt… If you’re unclear about how to respond to New Zealand’s current COVID outlook, you can always speak with your PEO. We are always up to date with the latest news, mandates and recommendations. Need to get in touch with a PEO in New Zealand? Contact ANZPEO today.
2022 COVID surge: Should your Australian-based team be working from home?
Unfortunately, COVID has made a comeback in Australia, with cases rising to several thousand per day across most parts of the country. Hospitalisations are on the rise again, and lots of people are coming down with influenza, which is circulating as well. As a result, people are starting to feel wary about travelling on public transport and being in crowded environments again. This has put working from home back on the agenda. Should staff be working from home due to COVID in Australia? Australia’s Channel 9 reported in late July that “Employers have been called on to allow work from home and consider mask wearing in the office as a “very significant” COVID-19 wave infects hundreds of thousands of Australians each week.” The increase in numbers has led Australia’s Chief Medical Officer Paul Kelly to call on “employers to allow work from home if feasible” and for people to consider wearing masks during the winter Omicron wave. However, the Health Minister and Chief Medical Officer have stopped short of issuing or pressing for lockdown or work from home mandates. At this stage of the pandemic, businesses and individuals are encouraged to make independent decisions. Some major companies have taken the initiative to have staff working remotely again. Amongst them are telecommunications company Telstra and major bank Westpac; both have advised staff to work from home if possible. According to Telstra, those who do not work from home are encouraged to wear a face mask in the office, and the company is providing employees with face masks as well as rapid tests. Meanwhile, the Australian Council of Trade Unions is calling for work from home policies for all who can, N95 masks for indoor workers, fully paid sick leave for all who are isolating and ventilation/air purification indoors. This comes partly on behalf of hospital workers, who are perhaps the people most badly and enduringly affected by this pandemic. The choice is yours The Prime Minister of Australia Anthony Albanese is yet to issue a firm directive around working from home or mask mandates in Australian workplaces. He has been quoted as saying, “Businesses will continue to make those decisions. They need to make them on the basis of safety, but also for some people we need to recognise that they can’t work from home.” As a company that employs Australians, it is up to executives and team members to decide what’s best for people and what’s possible. Before you make a decision, it’s worth reviewing government-issued guidelines in the states where your workers live. In the state of New South Wales, for example, businesses are reminded that they have a legal responsibility to maintain a safe and healthy workplace, and manage the risk of COVID-19 to workers. Guidelines say businesses can allow staff to work from home at their discretion and must continue to follow public health orders, including the rules for people, businesses and self-isolation. When it comes to vaccines and boosters, some workers still need to be vaccinated but it does depend on the work they do and their workplace. You can see more information about mandatory vaccination in Australia here. Along with working from home and asking people to wear masks, the other thing to consider is allowing staff time off work so they can go and get a booster shot. According to advice from the Fair Work Ombudsman in Australia, where an employer can require an employee to be vaccinated against COVID-19 (for example, because of the operation of a public health order), the employer should cover the employee’s travel costs and give the employee time off work without loss of pay if the appointment is during work hours. Finally, as a business, you still have to accommodate isolation rules for those who do test positive for COVID. Under current guidelines, someone who tests positive must stay at home for at least seven days or until they have no symptoms. When in doubt… If you’re unclear about how to respond to Australia’s current COVID wave, you can always speak with your PEO. We are always up to date with the latest news, mandates and recommendations. Need to get in touch with a PEO in Australia? Contact ANZPEO today.