Driver Drug And Alcohol Zero Tolerance Policy

1. Aim

1.1 Ola is committed to providing a safe driving environment so far as is reasonably practicable, in which all drivers are treated fairly, with dignity and respect. The use of drugs and alcohol may impact on a driver’s capacity to drive safely and efficiently, thereby posing a risk to the safety of our driver, customers and the public alike.

1.2 This driver drug and alcohol zero tolerance policy outlines Ola’s commitment to a safe environment and is aimed at preventing, or minimising, any risk of injury or harm to the safety of our drivers, passengers or others, from the use of alcohol or drugs. It describes the standards of behaviour expected in relation to the use of drugs and alcohol, the responsibilities of Ola drivers and the consequences of breaching the policy.

3. Scope

3.1 This policy applies to:

  • all registered Ola drivers (collectively referred to as ‘drivers’);
  • any interactions or locations where drivers may be working, interacting with Ola employees or representing Ola for example, when driving a customer, visiting an Ola office location or interacting with a potential customer in representation of Ola (collectively referred to as ‘representing Ola’)

4. Definitions

4.1 The following are terms used in this policy:

drugs’ — include illegal drugs, prescription or pharmacy drugs, or synthetic drugs as defined below.

illegal drugs’ — include:

  • any drug prohibited by Australian State, Territory or Federal law or any other laws (including foreign and international laws) to which Ola is subject or which apply to the work performed at or for Ola;
  • prescription or pharmacy drugs (as defined below) which are used without the necessary prescription, or for non-medical purposes;
  • any synthetic drug (whether prohibited by law or not), being a psychoactive herbal and/or chemical product which, when consumed, mimics the effects of a prohibited drug, for example synthetic cannabis (aka ‘Kronic’).

Driver Care’ — means Ola’s managers, supervisors, team leaders (whichever are relevant) and all employees with supervisory responsibilities.

prescription drugs’ — mean lawful drugs which are prescribed by a medical practitioner for a diagnosed medical purpose and issued by a pharmacist.  

pharmacy drugs’ — mean drugs which are lawfully available at Australian pharmacies (without a prescription) and are required for a legitimate medical purpose.

under the influence’ — means that a person’s faculties are impaired by the use of drugs or alcohol to the extent that the person is unfit to be entrusted with a duty they perform, or may be called on to perform, with efficiency and safety to themselves and others.

5. Responsibilities

5.1 Drivers’ responsibilities

  • All drivers must:
    • comply with this policy;
    • observe all directions from Ola in regards to this policy;
    • recognise that performance of duties could be affected by alcohol or drugs; and
    • immediately notify Driver Care if they are aware of any breach of this policy by another driver. Subject to any disclosures required by law, any notifications received by Driver Care will be treated confidentially. Failure to report any breach of this policy by another driver may itself constitute a breach of this policy.
  • Except as set out in this policy, drivers must not:
    • manufacture, possess, distribute, sell, purchase, use or consume illegal drugs while representing Ola. Such conduct constitutes serious misconduct. It may also constitute a criminal offence, in which case Ola may notify the police, or other appropriate government authority;
    • represent Ola while under the influence of drugs or alcohol, particularly where the driver’s judgement and performance may be impaired by the drugs or alcohol;
    • drive while under the influence of alcohol and/or drugs;
    • consume alcohol and/or drugs when representing Ola (note qualification for prescription and pharmacy drugs below).

5.2 Responsibilities of Ola:

  • Ola is responsible for ensuring that this policy is readily available to drivers. This includes ensuring that:
    • They are familiar with and understand this Policy;
    • The behaviour of drivers adheres with the policy;
    • any concerns or issues are addressed proactively and expediently to ensure the safety of all drivers and customers;
    • support is provided to drivers and customers where appropriate; and
    • any suspected breaches of this policy are acted on promptly and in accordance with this policy.

6. Representing Ola

6.1 Alcohol and illegal drugs

  • Ola has an obligation to provide a safe environment for its drivers and customers, so far as is reasonably practicable. To ensure a safe environment, no driver is to represent Ola if they are under the influence of alcohol, or have used or consumed illegal drugs.
  • Drivers must comply with Ola’s zero tolerance policy of 0.0% alcohol concentration limits when representing Ola.
  • Ola will not accept liability for any damage to a driver’s vehicle, an injury to a customer or another person, or damage to other property caused by a driver while intoxicated from alcohol or illegal drugs. The driver will be personally liable in such circumstances.

6.2. Prescription and pharmacy drugs

  • Where a driver is taking prescription or pharmacy drugs that contain a warning that the person should not drive a vehicle or operate machinery, then that driver must not represent Ola in any capacity unless contrary specific medical advice is obtained and confirmed in writing, from the driver’s medical practitioner.
  • If a driver is taking prescription or pharmacy drugs and feels that their ability to safely drive a vehicle may be impacted, the driver must not represent Ola until such time as their medical practitioner confirms in writing that the driver is fit to recommence safely driving a vehicle.  
  • It is the responsibility of the driver to temporarily and immediately withdraw from representing Ola if their ability to safely operate a vehicle may be impacted through the use of any prescription or pharmacy drugs

6.3 Smoking

  • Smoking is not permitted in a vehicle while representing Ola.

7. What will Ola do if it suspects a driver is affected by drugs or alcohol?

7.1 If Ola suspects, on reasonable grounds, that a driver is under the influence of drugs or alcohol in breach of this policy, Ola will immediately off-road the driver until an investigation has taken place. Reasonable grounds may include (but are not limited to) where the driver:

  • Receives a customer complaint citing concerns relating to drug/alcohol
  • is unable to coordinate their actions;
  • has red or bloodshot eyes, or dilated pupils;
  • smells of alcohol;
  • exceeds alcohol concentration limits in excess of 0.0%
  • is not behaving in a professional and competent manner and in accordance with Ola standards; or
  • otherwise appears to be impaired or affected by drugs or alcohol.

7.2 In such circumstances, Ola may take the following actions (but is not limited to these actions):

  • Immediately suspend the driver from representing Ola; or
  • Direct the driver to attend a medical examination to determine whether the driver is fit to perform their duties effectively and safely. The medical examination may include a drug and/or alcohol test, such as a breath test, blood test, urine test or oral swab. In relation to prescription or pharmacy drugs, Ola may require evidence as part of the medical examination about the effects and proper use of the drug.
  • If the driver refuses to attend a medical examination, they will be immediately and permanently off-roaded

8. What will Ola do if it suspects a driver has drugs or alcohol in their possession while representing Ola?

8.1 If Ola reasonably suspects that a driver has drugs or alcohol in their possession at work, Ola may take the following action, which includes but is not limited to:

  • investigating the matter to attempt to determine whether the driver does have such drugs or alcohol in their possession;
  • requesting the driver undertake testing;
  • reporting the matter to the authorities.

8.2 Drivers are expected to permit such inspection and co-operate with Ola’s investigation. Failure to co-operate, or providing false information in an investigation, may result in action being taken against the driver, as set out below under ‘breach of this policy’.

9. When will Ola conduct drug and alcohol testing?

Dictionary:

9.1 The following definitions will apply to this part:

Alcohol screen test’ — means any analytical procedure or test which is carried out on a driver to determine the presence and/or the concentration alcohol (including but not limited to a breath test, urine sample, oral swab and blood test). These procedures are not limited to those which presently exist. As new technology is developed these may also be used for alcohol testing purposes.

Authorised Officer’ — means a suitably trained, qualified and authorised person from an independent testing agency or a suitably trained, qualified and authorised person appointed by Ola for the purposes of undertaking or arranging an alcohol screen test and/or drug screen test.

Confirmatory test’ — means any analytical procedure or test which is undertaken subsequent to a first alcohol screen test or drug screen test, which is used to verify the presence of drugs or alcohol. This may include, but is not limited to the following:

  • a test applied to a second sample of a driver’s urine;
  • a test applied to any oral swab taken from a driver;
  • a second breath test;
  • analysis of a driver’s blood.

Drug screen test’ — means any analytical procedure or test which is carried out on a driver to determine the presence and/or the concentration of any drug (including but not limited to a breath test, urine sample, oral swab and blood test). These procedures are not limited to those which presently exist. As new technology is developed this may also be used for drug testing purposes

Sample’ — in relation to urine, includes, if the sample is divided into portions, a portion of the sample.

9.2 Drug and alcohol testing

Ola may require drivers to undergo testing for the presence of drugs or alcohol in the following circumstances, with or without, prior notice:

  • Causal based
    • if Ola suspects, on reasonable grounds, that a driver is under the influence of drugs or alcohol in breach of this Policy;
    • upon finding evidence that a driver has used, possessed, sold, purchased, solicited or transferred drugs whilst representing Ola or while on Ola property;
    • upon receipt of a report of drug or alcohol use, provided by a reliable and credible source and confirmed by investigation, in breach of this policy;
    • upon obtaining evidence that a driver has interfered with, tampered with, falsified or destroyed an alcohol screen test or drug screen test;
    • where a driver notifies Ola that he/she has a drug or alcohol problem;
    • where a driver is taking prescription or pharmacy drugs which may affect their ability to perform the duties and responsibilities of their position in an efficient, competent and safe manner, without risk to the health, welfare or safety of the driver, or customers.
  • Targeted testing
    • Ola reserves the right to implement targeting testing of drivers at any time.
  • Post incident or near-miss
    • Where the investigation of an incident or near-miss determines that the driver’s actions may have been impaired due to the use of drugs or alcohol, or the driver was under the influence of drugs or alcohol.
  • Random testing
    • When a driver, or group of drivers are randomly selected by Ola or an authorised officer to undergo a drug screen test and/or alcohol screen test.
    • A driver who is required to undertake a drug screen test and/or alcohol screen test will be requested to sign a consent form before taking a drug screen test and/or alcohol screen test.
    • All information obtained through the above testing is covered by Australian privacy laws and Ola’s privacy policy. Ola will not use this information other than for the purposes for which it is collected.  The purposes of such monitoring and examination are to ensure the productivity, health and safety of personnel, to apply this policy, and for disciplinary purposes.
    • A refusal to undergo a drug screen test and/or alcohol screen test or providing false information, constitutes a breach of this Policy and may result in action being taken against the driver, including action as set out below under ‘breach of this policy’.

10. Breach of this policy

10.1 Drivers must comply with this policy at all times.

10.2 If a driver is found to have breached this policy, they may be subjected to disciplinary action.  The type and severity of the disciplinary action will depend upon the circumstances of the case and the seriousness of the breach.  In serious cases, this may include permanent off-roading from Ola.

10.3 Other examples of disciplinary action that may be taken include (but are not limited to):

  • A formal warning;
  • Temporary suspension of access to the Ola driver app;
  • termination of representation of Ola as a driver.

10.4 In circumstances where a driver’s behaviour or conduct may involve a breach of any Australian law, Ola may notify the police or other relevant government authority.

11. Education and training

11. 1 Ola will inform and may, where necessary, conduct training or information sessions for all drivers relating to:

  • this policy, including but not limited to the consequences of breaching this policy;
  • the effects of alcohol and drug use (including prescription and pharmacy drugs) while driving;
  • the risks to the safety of drivers and others by the use of alcohol and drugs.

12. More information

12.1 If you have any questions or comments regarding this guidelines, you can email to us at legalanz@olacabs.com.