Zero-Tolerance Drug & Alcohol Policy Backfires: What Managers Need to Know
A recent Fair Work Commission (FWC) ruling has sent a clear message to employers across Australia: changing a drug and alcohol (D&A) policy isn't a tick-box exercise. In Sydney International Container Terminals Pty Ltd v Hancock [2025], Hutchison Ports Sydney lost an appeal after sacking a worker for breaching a revised zero-tolerance alcohol limit - because the change wasn’t properly communicated.
The Case in Brief
Hutchison Ports sacked a stevedore after he tested above the new zero BAC (blood alcohol concentration) policy, recording 0.017% during a night shift after a minor workplace incident. The problem? The worker believed the limit was still 0.02% - as posters on noticeboards still showed - and hadn’t been clearly informed about the change to 0.00%.
While Hutchison claimed the update was communicated via toolbox talk, text, and personal email, the FWC ruled that these steps were insufficient for a workforce that doesn’t use computers or corporate systems regularly.
The Legal Takeaway
The Full Bench upheld that Hutchison’s communication failed the reasonableness test under WHS law and the fairness test under industrial relations law. The dismissal was overturned, and the worker was reinstated.
Key finding: It’s not enough to announce safety-critical policy changes - you must ensure employees actually understand and retain them.
What This Means for Employers and Managers
This ruling should serve as a wake-up call for any organisation managing high-risk operations or safety-sensitive roles. Especially for industries like construction, mining, transport, logistics, or warehousing—where non-desk workers are the norm.
Here’s what needs to change:
Upgrade Communication Methods
Don't rely on passive methods like emails or texts to convey critical WHS updates. Use active communication strategies: face-to-face meetings, dedicated training sessions, and visual reinforcement (e.g. posters that reflect the latest policy).
Document and Confirm Understanding
Make sure communication is not just delivered—but acknowledged and understood. Use sign-offs, quizzes, or toolbox talk records to confirm receipt and comprehension.
Tailor Training to the Work Environment
In this case, the FWC noted the failure to provide dedicated, reinforced training. For high-risk environments, brief mentions in toolbox talks won’t cut it. Run targeted training in small groups, during downtime if needed, and ensure WHS committee involvement.
Audit and Update All Channels
Outdated posters and inconsistent messaging erode credibility. Conduct regular audits of signage, intranet, apps, and printed material to ensure policy alignment.
Take a Risk-Based Approach
Changing a BAC limit from 0.02 to 0.00 isn't a minor administrative tweak—it fundamentally affects employees' behaviour and risk profile. Treat such changes as high-impact WHS interventions, not operational side-notes.
The Bottom Line
Workplace policy changes - especially those involving zero-tolerance D&A rules - must be communicated clearly, consistently, and in a manner appropriate to the audience. Failing to do so risks unfair dismissal claims, operational disruption, and legal liability.
Proactive communication and targeted training aren’t just WHS best practice - they’re a legal safeguard.
Ready to Bulletproof Your Safety Communication?
At Anzen Safety & Training, we help businesses like yours translate policy into practice. Whether you're rolling out critical safety updates or rebuilding your entire WHS communication strategy, our team can guide you with:
Fit-for-purpose toolbox talk delivery
Targeted training for high-risk roles
Policy audit and communication gap analysis
Legally defensible implementation practices
Don’t leave your policies open to challenge. Contact Anzen today and ensure your workforce gets the message - clearly, consistently, and compliantly.
Book a free 30-minute WHS strategy call at www.anzen.com.au or call us direct on 1300 ANZEN1 (1300 269361).
Let’s get your safety message heard and understood.
