Other legislation

Other legislation

People at workplaces should be aware of other legislation relevant to alcohol and other drugs such
as:
• the Misuse of Drugs Act 1981 — this identifies:
- offences concerned with prohibited drugs and plants in relation to premises and utensils
(section 5); and
- offences concerned with prohibited plants generally (section 7);
• the Road Traffic Act 1974 — this identifies offences relating to driving a motor vehicle, truck or
mobile equipment while under the influence of alcohol and/or drugs;
• the Liquor Licensing Act 1988 — this deals with the sale, supply, possession and consumption
of liquor on prescribed land; and
• the Workers' Compensation and Injury Management Act 1981 — this disallows compensation
for an employee if alcohol and/or other drugs are involved in the employee's disablement,
unless the incident results in death or permanent disablement.
In some industries, specific legislation on alcohol and other drugs applies, for example:
• the Fire Brigades Regulations 1943 — regulation 133 deals with conduct requirements;
• the Rail Safety Act 1998 — section 31 deals with employees impaired by alcohol and/or drugs;
• the Mines Safety and Inspection Regulations 1995 — regulation 4.7 prohibits a person,
whether or not an employee, being in or on any mine while ‘adversely affected’ by intoxicating
liquor or drugs, prohibits possession and consumption of intoxicating liquor or deleterious drugs
on mines, and specifies the penalty and related responsibilities;
• the Dangerous Goods Safety (Explosives) Regulations 2007 — regulation 39 deals with people
affected by alcohol or a drug near explosives; and

• the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 —
regulation 85 states that a person at a dangerous goods site must not be under the influence of
alcohol or drugs.
People in relevant industries should read these provisions in conjunction with this guidance note.