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Are employers legally required to offer Employee Assistance Programs?
Workplace Health and Safety legislation in Australia requires employers to provide a safe work environment that protects worker’s physical and mental health. While employers are not legally required to offer Employee Assistance Programs, they do have a legal responsibility to provide a psychologically safe workplace, and a duty of care and ethical responsibility to positively promote mental health. And there is an abundance of evidence proving that EAPs are an effective mental health tool for employees and employers alike. So why wouldn’t you provide this service to your staff?
An EAP is a confidential counselling service offered to employees and their families, who are seeking assistance with work stressors or conflicts, relationship issues, financial concerns, anxiety or any other issue, which has the potential to affect wellbeing.
With one in five employees in Australia suffering from poor mental health, the combined cost of absenteeism, presenteeism and psychological workers compensation claims, cost Australian businesses close to $11 billion annually. So whatever the initial cause of the problem, employers need to recognise and respond to psychological risk factors, and put in place effective measures to minimise physiological harm and promote positive mental health.
EAPs can assist employees:
- Learn how to deal with issues and receive coping strategies to manage these issues before they become a bigger problem
- Get immediate access to help when stressors build up and escalate, resulting in a potentially critical incident
- Assist employees feel supported by their employer and understand that their mental health and wellbeing is important
- Provide assistance to those who may not be able to afford it
- Improve productivity, absenteeism and presenteeism, by managing their issues in a proactive way
- Stay at work or return to work sooner than if they had no help
EAPs can assist employers:
- Provide a positive impact on business profits with better productivity, absenteeism and presenteeism – a Pricewaterhouse Coopers study showed that for every $1 spent on mental health initiatives, they receive a return on investment of $2.30 (more for gas, electricity, water, residential, commercial, construction and waste service industries)
- To take a proactive role in promoting WHS practices, reducing risk and achieving a healthier work environment
- To meet WHS obligations by protecting workers against harm to their mental health
- Improve staff retention with happier, healthier employees who feel valued within their work community
For many Australian businesses an Employee Assistance Program is already an integral part of their mental health and WHS strategy. But for those who haven’t yet adopted this approach, it’s important to understand that pressures at home and pressures at work go hand in hand, and affect all areas of our lives without proper intervention. For the best chance at creating a positive mental health environment at work, contact Work Options to discuss how our Employee Assistance Program can assist you.
Related reading:
An Employee Assistance Program Story
When stress in the workplace becomes a bigger issue
The role of an EAP in improving staff performance -
Urine testing: how it works and what it can achieve in the workplace
Drug testing in the workplace is a common practice, particularly within high-risk industries who are at a greater risk of accidents and injury occurring. It’s important to note however, the purpose of workplace drug testing according to Australian law is not about ‘catching’ employees who use drugs, but rather to reduce the negative impacts – physical, financial, emotional or otherwise – of drugs and alcohol in the workplace.
‘Drug and alcohol users lodge 5x more workers compensation claims than other employees’
In Australia both urine and oral fluid testing are acceptable means to test for drugs, however which one is right for an individual workplace depends on a range of factors, which includes industry specific legislation. Contact Work Options to determine which testing method is best for your business.
In this case we look at urine testing and what it can achieve in reducing the risk of workplace drug use and its impacts.
What is a urine drug test and how does it work?
A urine drug test analyses urine for the presence of certain illegal drugs and prescription medications, and is a common and accepted means of testing in Australian workplaces. Cut off levels for each drug class, for both initial and confirmatory testing, are set by Australian legislation (ASNZS 4308). Samples that contain drugs above the cut off concentrations are deemed positive.Drugs detected through urine:
Urine testing screens for the following drug groups. But how long after a drug is used will it still be detected through a urine drug screen? This can vary depending on a multitude of factors including route of administration / strength of drug / individual metabolism. So there is no exact answer. However the following timeframes can be used as a guideline.
What should be considered when urine testing:
- Whilst measures are taken to ensure privacy, typically urine testing is considered more invasive than oral fluid testing, due to the nature of collection. A bathroom or private room is required to make the collection, which can be viewed as an invasion of privacy by Fair Work Australia, and workers themselves, and may also be considered logistically difficult for some when conducted on work sites.
- Where a drug class has been detected through initial testing at site, further testing is required by a NATA accredited laboratory.
- Samples with concentrations of drug above the cut off level (positive drug screens) do not correlate with impairment. But certainly represents that there is a risk an individual may be impaired, and thus must be managed appropriately to ensure safety.
- If a certified collector, in accordance with ASNZS 4308, conducts testing correctly the risk of adulteration is minimised.
- Positive drug tests can provide insight into lifestyle choices of individual workers, which may have negative social affects.
‘62% of harmful drug and alcohol users are employed fulltime’
Regardless of using urine or oral fluid testing methods, drug and alcohol testing can play a key role in protecting businesses from issues with Fair Work Australia, IR, unfair dismissal claims and the physical and financial burden of accidents and injury. However, no matter which testing method is used, the key to successful implementation for any business is:
- A robust Drug and Alcohol Management System which focuses on education, training and support to prevent misuse in the workplace
- A system which is developed in consultation with the workforce and complies with industry specific and other relevant WHS legislation
- Should be applied, reinforced and implemented consistently
- Sets a clear guide, including policies and procedures, with regards to codes of behaviour
- Testing should be conducted by certified collectors in strict accordance with relevant standards
To find out more about drug and alcohol testing, or to determine if your business is at risk of drugs and alcohol misuse, contact Work Options.
Related reading:
How employers can avoid 5 big mistakes when drug or alcohol testing
You suspect a worker is under the influence of drugs or alcohol, what’s next?
What to do when an employee fails a drug test
The biggest pitfalls in drug and alcohol testing policies -
Managing the return to work process: a guide for employers and workers
Despite the physical and financial risk of workplace injuries, when managed correctly, employee injuries can be a positive experience for all involved. But the first step is to recognise that both employers and employees play a role in the return to work process, and when cooperating together, return to work outcomes can be achieved quickly and efficiently.
The next step in the process is to understand the health benefits of work; a concept which should be acknowledged and accepted by both parties in order to achieve the best outcomes. Here’s a quick recap…
The final and perhaps most important step, is to understand employer and employee obligations in the return to work process. And beyond that, what else should and can be done by each for the most effective injury management, reducing physical and financial risk.
Employer obligations
Beyond the legislation which outlines what is legally required from employers, there is more that employers can do to get injured workers back to work sooner. Here’s a summary:- Report the injury to your insurer as soon as possible – legally you have 48 hours to make a claim however the sooner you report the incident, the more likely you are to have the injured worker back to work sooner.
- Offer support – while your to-do list just grew significantly now that you have an injured worker, it’s important to remember that they will also have a growing list of concerns. Positive encouragement and understanding of the situation throughout the process will help your worker to feel as though they are supported. Ask them what they need, and put the answers into action.
- Regular communication – ensuring regular communication while the worker is off work, and again when they return, is critical to gain a positive response and willingness from the employer to get back to work as soon as possible. As with support, communication reaffirms to the employee that they are valued and appreciated.
- Provide suitable work – the purpose of alternate duties is so that the employee can recover at work, not only saving money on lost time and efficiencies, but also ensuring that the worker is improving their functional capacity through movement, and maintaining positive mental health. For the best possible outcome, suitable duties should be determined collaboratively (where reasonably possible) so that the injured worker is reassured that they are still a respected employee whose wellbeing is valued.
- Involve the worker in the Return to Work Plan – as with suitable work duties, it’s important to involve the injured worker in the development of their Return to Work Plan. The worker should have a say in the goal of the plan, which should focus on current capabilities rather than restrictions, as well as breaks and work hours based on these capabilities.
- Prepare colleagues for the workers return – anxiety and nerves are common in employees who have been off work for some time. It’s important that they feel supported by colleagues as well as management upon their return, especially if they are not returning to their pre-injury capacity. Ensure other staff are aware the worker is returning, as well as any changes to their role, and that they offer support and encouragement where possible.
Employee obligations
While legally speaking, the majority of obligations fall upon the employer, employees have a responsibility to take care of themselves, ensuring their injury does not get worse or return. Here’s a summary of employee obligations:- Report the injury to a Supervisor as soon as it happens and answer any questions honestly.
- Actively participate in the development and management of the Return to Work Plan – and make every effort to follow the plan, advising of any difficulties or changes throughout the process.
- Communicate – openly and honestly to all parties throughout the process, including your employer, Return to Work Coordinator, doctors and others. Open communication is key to returning to work sooner.
- Comply with all advice and use correct work methods – this means if the injury is physical, follow correct ergonomic procedures and correct work methods, to ensure your injury is not aggravated further. If the injury is psychological, ensure you voice any concerns, stressors or problems with your Supervisor as soon as they occur, so that solutions can be put in place and further injury avoided.
- Always follow the advice of treating practitioners and doctors
Managing the return to work process can seem like a daunting process, however it’s encouraging to note that while many injured workers take some time off work, in 2018 the return to work rate was above 80%.
For the best chance at maintaining good return to work outcomes, speak to Work Options about how we can help to protect your business.
Related reading:
Why work is the best treatment for injury recovery
Case study: when altering your reactions can affect RTW outcomes
Common injury management mistakes guaranteed to rise insurance premiums -
Mental Health Audit: how mentally healthy is your workplace?
Mental health in the workplace is fast becoming an important issue for managers and supervisors, and can be a challenging topic to manage. In Australia, it is estimated that one in five employees will be suffering from some form of mental health issue, which is often associated with high personal and economic costs; in fact, it is one of the main reasons for reduced work performance, absenteeism and presenteeism. Poor mental health in the workplace is too significant to ignore.
Consider these questions to determine how mentally healthy your workplace really is:
Does you workplace:
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- Have a detailed, promoted and enforced Mental Health Policy in place?
- Have senior managers who are actively involved in mental health promotion, encouraging a good level of workplace communication around psychological health and safety promotion?
- Include mental health resources and educational materials in the staff recruitment and induction process?
- Provide mental health education and first aid training to employees to increase awareness of mental health issues, reduce stigma and better overall mental health?
- Support and promote mental health related events such as R U OK? Day, Mental Health Awareness Month?
- Encourage flexibility such as: flexible start/finish times, flexible days, rostered days off, work-from-home, or job sharing)?
- Encourage employee participation in decision making and problem solving?
- Have and enforce anti-bullying policies which are specific, and detail guidelines for managers on their role in countering bullying?
- Effectively and inclusively explain workplace changes and/or restructures to employees, encouraging feedback and comments, in order to mitigate negative effects on wellbeing?
- Offer coaching and mentoring sessions and development opportunities, to employees looking to grow themselves and their career?
- Encourage physical activity throughout the working day as well as outside of hours?
- Promote reward structures?
- Conduct regular wellbeing checks to identify symptoms of poor mental health and facilitate early treatment?
- Provide and promote Employee Assistance Programs and/or workplace counselling services?
- Offer resilience programs such as stress training or cognitive behavioural interventions to help employees better manage work-related stress and challenges?
- Provide supervisors and managers with mental health training, tools and resources to assist in employee recovery and mental health management?
- Provide alternate duties or partial sick leave to support employees struggling with mental illness?
- Provide comprehensive Return to Work programs based on cognitive behavioural therapy, customised according to individual needs?
- Regularly conduct employee satisfaction surveys and make changes based on feedback and recommendations?
- Have a high rate of employees taking excessive sick days?
- Have a history of psychological injury claims?
- Have a history of high staff turnover?
How did your workplace do? If you answered ‘yes’ to most of these questions (with the exception of questions 20, 21, 22), congratulations it is highly likely that you’re providing employees with a mentally healthy work environment. If you found yourself frequently responding with ‘no’, or if you answered ‘yes’ to questions 20, 21 and 22, then take some of these points on board to implement healthy changes, a positive attitude and approach towards a mentally healthy workplace. Or to have a mental health professional conduct a thorough workplace assessment, and provide you with the best advice and proven mental health strategies and training seminars, contact Work Options.
Related reading:
Steps to preventing psychological injuries in the workplace
An Employee Assistance Program story
A simple guide to talking to employees about mental health -
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Guide to employer obligations around poor air quality
The devastating bushfires around Australia are not only significantly impacting communities across the country, but should be an important reminder to employers about maintaining safe working environments with regards to air quality.
For weeks on end, major Australian cities have recorded unhealthy to hazardous air quality ratings, meaning that all reasonable precautions should be taken to protect employees against the dangers, in accordance with the Work Health and Safety Act 2011 and Work Health and Safety Regulations 2011.
If staff are working outdoors, employers should take the following steps to ensure WHS obligations are met, and workers remain as safe as possible:
- Reschedule work where possible until air quality improves for safer working outdoors
- People who are sensitive to smoke or suffer from a heart or lung condition should cease work and stay indoors until air quality has improved
- Conduct appropriate risk assessments prior to commencement of work
- Provide all appropriate personal protective equipment including P2 face masks and ensure employees are briefed on how to use equipment correctly
- Ensure any employees working alone or remotely have an effective means of communication and regularly check in with them
- Encourage employees to report any concerns about individual needs and seek medical advice where required
- Employers should regularly check the bushfire and air quality status near work areas, and advise workers of regular updates
- Encourage employees to take regular breaks, inside where possible, stay hydrated and work shorter hours if workload permits
- Always follow instructions and advice from emergency services and authority officials
Understandably it may be unrealistic to cease work completely when the bushfire crisis is ongoing, however health and safety of employees and others needs to be a priority for all employers. At the end of the day, the best way to reduce exposure to air pollution is to stay indoors where possible, in filtered air conditioning, with doors and windows shut.
For further information and advice:
- Red Cross: Disaster relief
- National: DSS Emergency Relief
- VIC: Vic Emergency
- NSW: NSW Office of Emergency Management
- SA: DHS Disaster Recovery
- QLD: Disasters and emergencies
- WA: Emergency WA
- ACT: Community Recovery
- NT: Recover from an emergency
- TAS: Recovery from an emergency
