My Workplace

Sample policy – annual close down   The company closes for two weeks over the Christmas period each year. All staff will be given at least four weeks notice of specific dates of the close down. Any leave due at the time must be taken. If an employee's entitlement does not cover the period required, the remainder must be taken as leave without pay. All employees will receive paid leave for gazetted public holidays during the period. Annual leave loading will be paid in accordance with the award.

You may wish to develop a policy for taking other forms of leave. Such a policy would need to identify:

·       types of leave available

·       procedure for applying for leave

·       administrative forms to be completed

·       who has the authority to approve the request

·       whether the leave is paid or unpaid

Code of conduct

A code of conduct sets standards of behaviour or appearance in the workplace. These standards will vary depending on the industry, the role of the employee and work undertaken by your staff. A code of conduct may include dress standards at work or email and internet use.

Dress standard

A policy on dress standard will depend on a number of issues, including:

·       if the industrial award covering your staff requires you to provide them with uniforms

·       if you want your staff to be in uniform

·       whether you will provide the uniform or subsidise the cost of the uniform

·       if a uniform is not required, what is appropriate dress for your workplace.

'Business dress' or 'smart casual' are terms that are often used in workplaces. However, you should specify what these terms mean. You may also wish to exclude particular items of clothing such as midriff tops, hipster pants, sing lets, short and open shoes if safety is an issue.

Remember, your policy cannot discriminate between men and women. If men are not allowed to wear jeans or earrings, neither can women.

If you are introducing a uniform or dress standard in your workplace, it is important to include employees in your decision making. Some employees have very strong views about being asked to wear a uniform and these need to be considered before you take any action.

Job applicants may dress more formally to an interview than they will on a day-to-day basis and may not be aware of your business's dress standards. Ensure you outline the business's dress requirements with new employees before they start. This information should also be included in their appointment letter.

top 

Internet and email usage

A growing number of staff now has access to the internet and email in their workplace. Determining what is or is not acceptable is of concern to many employers. Companies have valid reasons for wanting to manage the use of email and Internet.

In developing a policy on the use of the Internet and email at work it is important to ensure that all terms such as 'offensive' and 'inappropriate' are clearly explained and understood by all staff. The policy should outline that the company will not tolerate any form of offensive or inappropriate material being accessed, transmitted or stored on the business system. Ideally the policy should meet the needs of the business as well as complying with any legal requirements.

Unlike personal property kept in a desk drawer or locker, electronic messages sent or received at work are not legally considered to be personal property. As the owner of the server or personal computer on which staff email is stored, many employers reserve the right the check emails as a precaution against fraud, workplace harassment or breaches of confidence by employees.

However, employees also have legitimate expectations of privacy in relation to their email communications. A failure to acknowledge these expectations can affect the usefulness of providing email facilities. Try and balance staff privacy with the legitimate interests of the business. Restrictive or intrusive policies or practice could have a negative impact on morale and productivity.

Your email and Internet policy should cover:

·       requirements for storing email where it relates to the core business of the organisation

·       whether back-up copies are stored on the server and who has access to them

·       whether the company monitors logs of Internet usage which may reveal information such as which servers (including websites) have been accessed by the employee and email addresses used

·       level of privacy employees can generally expect for their email

·       circumstances in which management reserves a right to read and take action on employee email

·       confirmation that email can be subject to production in litigation or other investigations

·       that it is unacceptable to use email to abuse or harass other employees.

top 

The policy should also define what you consider is acceptable and unacceptable use.

For example, employees may use the Internet access provided by the company for:

·       any work-related purposes

·       accessing the web for personal purposes, provided that personal use is moderate in time, does not incur significant cost to the company and does not interfere with the duties of the employee or his or her colleagues

·       sending and receiving personal emails, provided that if emails are sent with a company address, a disclaimer is attached stating that the views of the sender may not represent those of the company.

Sample disclaimer This email (and any file transmitted with it) is intended for the addressee only and may contain confidential information. If you have received this email in error, please delete it and notify the originator of the message. Any views expressed in this message are those of the individual sender except where the sender (with authority) states them to be the views of the company.

Employees may not use the Internet access provided by the company to:

·       create or exchanging messages that are offensive, harassing, obscene or threatening

·       visit web sites containing objectionable (including pornographic) or criminal material

·       exchange proprietary information, trade secrets, or any other confidential or sensitive information about the company (unless in the authorised course of their duties)

·       create, store or exchange information in violation of copyright laws (including the uploading or downloading of commercial software, games, music videos or movies)

·       use Internet-enabled activities such as gambling, excessive gaming, conducting a business or conducting illegal activities;

·       create or exchange advertisements, solicitations, chain letters and other unsolicited or bulk email.

top 

Smoking in the workplace

As an employer, there are legislative requirements for you to provide a healthy and safe workplace for your employees. You have the right to designate your workplace as smoke free and can indicate that in job advertisements.

There is no legal requirement for you to provide smoke breaks. While you may be prepared to recognise the needs of a smoker, you also need to avoid the problem caused by an employee disappearing on a regular basis for a 'smoke break'.

Setting guidelines (morning, afternoon tea and lunch breaks) makes it clear to staff about what is acceptable and also overcomes the antagonism that may come from non-smoking employees when a smoker takes excessive breaks.

Points to be considered when drafting a non-smoking policy

The following information will help you when introducing a smoking policy in the workplace:

·       identify the aim of the policy, which is to achieve a workplace free of environmental tobacco smoke when the smoking ban comes into place

·       list the specific areas affected

·       indicate if professional advice about coping without cigarettes and quitting smoking is available and where to get help

·       ensure that new employees are told when applying for a job that the workplace has a non-smoking policy

·       be clear that staff cannot be disciplined when they smoke away from the workplace or during their own time

·       be clear that staff who fail to consider the safety of others at work by not complying with the non-smoking policy may be personally liable to a fine of up to $3,300 under Section 20 the Occupational Health and Safety Act 2000

·       emphasise that smokers are not entitled to smoke in the workplace even if staff in a particular area all want to smoke

·       be clear that even those who work in isolation are prohibited from smoking as they are likely to affect others who come into the area or through the airconditioning system

·       specify that designated smoking areas must be outdoors with no possibility of contamination of indoor areas

·       set out the times during which smokers are able to use the designated smoking areas.

top 

Drug and alcohol policy

Drug and alcohol use in the workplace is covered by the Occupational Health and Safety Act 2000 which requires that employers:

·       ensure the health, safety and welfare at work of all their employees and any other person in their place of work

·       take all practical measures to protect workers in relation to health, safety and welfare

·       take reasonable care for the health and safety of persons at their place of work who may be affected by their acts.

Drug and alcohol use in the workplace creates a range of problems. Employees with drug and alcohol problems can cause injury to themselves and others and damage their physical and mental health.

Workmates of a drug or alcohol user are faced with a risk of accidents, covering poor work performance, disputes and the need to 'dob in a mate' for their own good. Other problems include lateness and absenteeism, lost time and production from accidents and inefficiency and damage to plant, equipment and other property.

What should be contained in an alcohol and drug policy?

A policy to manage alcohol and drugs in the workplace should include information and procedures on:

·       measures to reduce alcohol- and drug-related problems in the workplace through consultation between you and your employees

·       measures to prohibit or restrict the availability of alcohol and drugs in the workplace

·       preventative measures such as education and training sessions and awareness programs

·       measures outlining the availability of treatment and rehabilitation for employees

·       rules governing conduct in the workplace relating to alcohol and drugs including the disciplinary procedures up to and including dismissal.