PEABODY ENERGY FITNESS FOR WORK STANDARD

Transcription

1 PEABODY ENERGY FITNESS FOR WORK STANDARD PA_MO_STD_M003 November 2014

2 Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 2 of 26

3 Contents 1 Purpose 2 Scope 3 Requirements 3.1 Forward 3.2 Employee Assistance Program 3.3 Confidentiality 3.4 Education Programs 3.5 Consultation 3.6 Alcohol or Drug Impairment 3.7 Physical and Psychological Impairment 3.8 Fatigue Management 4 Communication and Training 5 Records 6 Measure, Monitor and Review 6.1 Audit/ Review Criteria 6.2 Measure and Monitor 7 Responsibilities 8 References & Supporting Documents 8.1 Legislation 8.2 Australian Standards 8.3 Internal Documents 8.4 Others 9 Abbreviations and Definitions 10 Appendices Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 3 of 26

4 1 Purpose To define the standard for ensuring fitness for work covering the management of alcohol, drugs, fatigue, psychological, physical or other impairment and to ensure the Company meets its legal obligations to provide a safe working environment for its coal mine workers To meet requirements of the Coal Mining Safety and Health Regulation 2001 (Part 6 Fitness for Work). 2 Scope This standard shall be used as the minimum benchmark at Millennium Mine and applies to all coal mine workers. For the purposes of clarity this includes any employee, contractor or visitor present on the Millennium Mining lease under the jurisdiction of the SSE. This standard covers fitness for work including alcohol or drug impairment, physical and psychological impairment and fatigue management. This standard is not intended to prevent legally prescribed drugs and medications, so long as those substances do not impair performance, and they are declared and assessed accordingly. 3 Requirements 3.1 Forward Millennium Mine has a responsibility to provide a safe and healthy working environment for all coal mine workers. The Company will take reasonable and responsible steps to ensure an acceptable level of risk in the management of fatigue, physical and psychological impairment and the improper use of alcohol or drugs at all sites and premises. For the management of fatigue and/or alcohol and drugs, these steps will include: Fatigue identification & assessment; Work schedules that permit time for adequate rest and recovery; Monitoring of work hours and conditions; Testing Pre-employment, coal mine worker voluntary self-test, random and blanket; Assistance through the Employee Assistance Program (EAP); Education and information; or Counseling and discipline procedures. 3.2 Employee Assistance Program Millennium Mine maintains an Employee Assistance Program (EAP) to assist coal mine workers and their immediate families with personal or work related problems that require specialised counselling. The EAP is a strictly confidential service run by professional counsellors and is free of cost to the coal mine worker. Information regarding contact details for the EAP can be found on notice boards around site. The SSE, with the coal mine worker s agreement, can initiate referral to the EAP as a result of a performance discussion. The supervisor will not be notified of the coal mine worker s participation unless the company reasonably believes that the health and safety of the coal mine worker or of others at the mine site may be put at risk. This will only occur with the coal mine worker s written consent. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 4 of 26

5 Coal mine workers who feel they have a problem are encouraged to seek assistance from the Millennium EAP provider. Primary contractors are required to provide coal mine workers under their control access to an EAP and shall be responsible for all costs associated with the provider of their programs. 3.3 Confidentiality Strict confidentiality shall apply to any counselling sessions for the protection of the individual s privacy. Information in regard to a coal mine worker s personal problems shall not be passed on to anyone not authorised to access such information, without the written permission of the coal mine worker. All drug and alcohol testing and test results shall be handled in a confidential manner and in accordance with approved testing procedures. All coal mine workers involved or engaged in any part of the fitness for work testing procedures are prohibited from disclosing any information regarding the process, sampling activities, results or any related information, except as required by the testing procedure and/or in the event of a challenge of results by an authorised party. 3.4 Education Programs Education programs shall be provided for coal mine workers in regards to all aspects of fitness for work. Millennium Mine will assist its coal mine workers in recognising and dealing with hazards that impact on coal mine worker fitness for work. 3.5 Consultation Consultation with coal mine workers and the SSE will be an ongoing process regarding fitness for work provisions. 3.6 Alcohol or Drug Impairment Definition of Abuse For the purposes of the standard, the abuse of alcohol and/or other drugs includes: The use of alcohol, which results in potential impairment of a coal mine worker s performance or their ability to work efficiently and safely; The use of illegal drugs such as marijuana, amphetamines, cocaine, opiates and other narcotics or substances including synthetic drugs, which results in potential impairment of a coal mine worker s performance or their ability to work efficiently and safely; The use of prescription drugs (e.g. benzodiazepines, barbiturates, methadone, human growth hormones, etc.) and the use of any other prescription or non-prescription drugs or other substances which result in potential impairment of an coal mine worker s performance or their ability to work efficiently and safely; The sale or supply of either illegal or prescription drugs; and/or; The consumption or unauthorised possession of any alcohol or the consumption or possession of any illicit drugs on the site or during the working period. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 5 of 26

6 3.6.2 Testing Equipment and Non-Negative Limits Equipment for Breath Testing for Alcohol All equipment used for alcohol breath testing shall comply with AS 3547 alcohol breath testing devices for personal use. All units will be maintained and calibrated in accordance with this standard. Testing Limits for Non-Negative Blood Alcohol Concentration (BAC) An individual will be considered to test non-negative for alcohol if the concentration measured by a breath test (BAC) device indicates an equivalent blood alcohol concentration greater than 0.00% BAC. This is considered the maximum acceptable BAC for Millennium Mine. If a coal mine worker being tested indicates a BAC over 0.00%, they must not commence work and may be given a second breath analysis test, which shall be carried out not less than fifteen (15) minutes and not more than (30) minutes after the original test. To validate the second breath analysis test, the coal mine worker must refrain from taking anything by mouth during the waiting period. If the results of the second test are 0.00% BAC, the individual may be permitted to return to work. If the results of the second test are above 0.00% BAC or the coal mine worker consumes anything by mouth before taking the second test, the individual will not be allowed to commence or return to work and will be considered to be not fit for duty. The person will be transported to their place of accommodation whilst working rostered shifts. If the results of the second test are above the legal limit for driving (0.05% BAC) and the person refuses to utilise the arranged transport and person choses to drive themselves, police will be notified. Disciplinary procedures as detailed in section of this Standard will be implemented. Any coal mine worker that tests above 0.00% BAC shall not be permitted to drive or operate plant and equipment. With the exception of voluntary self-testing, any results above 0.00% BAC shall be recorded on Drug and Alcohol Authority Form (PA_MO_FRM_M006) and placed in the coal mine worker s file, with evidence of action taken in response to this finding. All such records will be stored securely and kept confidential at all times. Equipment for Drug Testing Testing for the presence of drugs at the worksite can be undertaken, at Millennium Mine Management s discretion using urine sampling and other testing techniques. All drug testing specimen collection and testing procedures shall be in accordance with the relevant Australian Standard. Testing Limits for Non-Negative Drug Screenings A coal mine worker whose results from a drug screen are equal to or exceed the limits established by the Australian Standard as amended from time to time where there is no medical explanation shall be deemed to have tested non-negative under this standard. This applies for both initial (immunoassay) and confirmatory (GCMS) tests. The concentration levels between the two tests may differ. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 6 of 26

7 The substances tested and the associated cut off levels as published in AS4308 for urine testing contained in Table 1 below a representative sample of substances tested for and limits set as per Australian Standards AS/NZS 4308:2001 Procedures for the collection, detection and quantitation of drugs of abuse in urine. Table 1 Substance Cut off Limits and Concentrations Drug Opiates Sympathomimetic amines Cannabis metabolites Cocaine metabolites Benzodiazepines Synthetic Drugs Urine (Cut off Level) 300 µg/l 300 µg/l 50 µg/l 300 µg/l 200 µg/l Non-Negative Types of Screening The SSE or his designated representative(s) will arrange screening; this may be through the Track Easy System or the HSET department. Drug and alcohol testing will be undertaken on the following bases: Coal mine worker voluntary self-test (alcohol only); Regular Random test; Blanket test; Post incident test; Challenge (for cause) test; Post non-negative result monitoring; or Pre-Employment Screening. Coal Mine Worker Voluntary Self-Test (alcohol only) Coal mine workers can self-test using an Australian Standard compliant testing unit for alcohol testing if they wish to check their Blood Alcohol Concentration (BAC) reading. Access is available to a breathalyser unit on site and at the accommodation village. Individuals shall contact the Health, Safety, Environmental and Training (HSET) department to arrange a self-test on site. All personnel are encouraged to self-test prior to presenting themselves for work. Self-testing must be performed prior to presenting themselves for work. Presenting for work is defined as swiping on or the commencement time of the rostered shift, whichever is first. Employees are able to self-test prior to clocking in. Where an individual self-test confirms that a coal mine worker s BAC exceeds the prescribed limit, they must not commence work. The individual will voluntarily stand down and only return when a negative result is obtained. The coal mine worker must notify their supervisor and can take leave without pay or annual leave. If (as a result of self-testing) the individual registers a BAC reading that exceeds 0.05% then the supervisor shall arrange the individual to be transported back to their place of Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 7 of 26

8 accommodation whilst working rostered shifts for the remainder of the shift. Police will be notified should such coal mine workers refuse to utilise the arranged transport and person choses to drive themselves. Coal mine workers who fail a voluntary self-test and report it as such will be subject to disciplinary action as listed in section Regular Random Test The Company can request an alcohol or drug test from a coal mine worker as part of a random testing schedule. The timing of the tests and selection of staff to be tested is randomly determined by the SSE and/or his delegate or through random selection in the Pegasus/Track Easy site access system. Testing may be performed by either internal or external providers. Testing may be carried out at any time during the shift with no prior notification. Random testing should be undertaken at a minimum frequency that will ensure each coal mine worker has the chance to be tested at least twice annually. Testing may be at a higher frequency as required. Blanket Test The SSE and/or his delegate may request all personnel to undergo an alcohol breath test and/or drug test at the start of shift or any time during a shift without warning as a site requirement. Post Incident Test If a coal mine worker is involved in a work related incident, whether or not it results in any injury or damage, drug and alcohol screening will be mandatory. This will occur as soon as practicable after the event. Coal mine workers involved in the incident shall be tested to ascertain if alcohol or drugs may have contributed and if coal mine worker(s) are fit to continue working. In the event that a site Drug & Alcohol test is not possible due to the nature of the coal mine worker s injuries and further medical treatment is required, a sample may be obtained by blood at this location. Where possible, signed consent will be obtained before any blood samples can be taken. Challenge (for cause) Test Where there is reasonable concern that a coal mine worker is under the influence of drugs or alcohol that coal mine worker will be required to undergo drug or alcohol testing. The coal mine worker who instigates the challenge shall also be required to undertake testing. All mine workers have an obligation to report any coal mine worker suspected of being unfit for work. All concerns must be reported to the relevant supervisor or manager. Any coal mine worker may be requested to undergo testing for drugs or alcohol if: Another coal mine worker believes that they are demonstrating unusual, dangerous, aggressive or erratic/uncharacteristic behaviour that may indicate they are under the influence of alcohol or drugs; Upon receipt of information from any other coal mine worker in the work place who has reasonable grounds to believe that an individual may be affected by alcohol or other drugs; Evidence is found of possible alcohol or other drug use at work (e.g. drug paraphernalia, alcohol containers on worksites or in vehicles), and can identify with reasonable certainty any individual or individuals who may be involved; and Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 8 of 26

9 Any coal mine worker has reasonable concerns that another coal mine worker is under the influence of alcohol or drugs. Post Non-Negative Result Monitoring Coal mine workers, who provide a non-negative result that has been confirmed by the laboratory and have been subject to the disciplinary process as listed in section 3.6.4, may be subject to regular monitoring to ensure that substance abuse has been eliminated. Pre-Employment Screening Drug and alcohol testing will be conducted as part of the pre-employment medical process. This will be arranged by the Human Resources or HSET Department with an independent, accredited testing organisation. Refusal by an individual to submit to, or co-operate fully with the administration of an alcohol or drug screen, may result in his or her application for employment at Millennium Mine not being further considered. Any attempt to avoid or falsify any alcohol and/or drug test may result in rejection of the employment application. Falsification which is undetected at the time of employment, but later detected, may lead to termination of employment. Specimen Collection Each site of collection shall have all the appropriately qualified personnel, procedures manuals, materials, equipment, facilities and supervision for the collection, security, temporary storage and a chain-of-custody procedure for dispatch of specimens to a drug testing laboratory. Precautions shall be taken to ensure that the specimen cannot be adulterated during the collection procedure and that information on the sample and in onsite records can identify the individual from whom the specimen was collected. All specimen collectors shall hold the relevant industry competency for collection of specimens. Where external testing agencies are contracted, agencies should demonstrate compliance with the relevant Australian Standard and competence of sample collectors. Sample Collectors Relevant Company testers or external personnel from a certified testing agency that are Collectors of samples shall be trained in the use of the specific test kit being used. Identification The individual s identity should be confirmed when he/she arrives at the collection site. This may be by means of valid photo identification or Driver s Licence. If this identification is not available, a witness (who must be a member of the Millennium Mine management team) can verify the Individual s identification. The donor must make a declaration (Drug and Alcohol Authority Form PA_MO_FRM_M006) before undergoing any test concerning any prescription and non-prescription drugs that he/she has recently used and also any dental treatment involving an injection which he/she may recently have had administered. Preparation The individual may be requested to thoroughly wash and dry his/her hands and the collector should observe this prior to the individual providing his/her specimen, to ensure that no adulterants on the hands can be transferred to the specimen. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 9 of 26

10 Urine Sample Collection Procedure Precautions should be taken to ensure that unadulterated specimens are obtained. This may include toilet water colouring agents or ensuring the there is no other accessible source of water in the enclosure where the urine is voided. The individual should provide the specimen in an area that allows for individual privacy. The colour and temperature of the specimen should be checked. Within 4 minutes of providing the sample, the temperature shall be between 33 degrees Celsius and 38 degrees Celsius. Any unusual or abnormal finding shall be recorded. If the initial specimen sample presents with urine creatinine level below the valid sample level (dilute), the sample will be considered invalid and the individual will be required to retest as soon as practicable. The result of the second sample will be utilised in lieu of a valid result in the first test. Further examples of presentation of invalid or dilute specimen will be dealt with under Non Compliance with Screening Procedures. If the validity of the sample is suspect, another urine specimen shall be collected and both forwarded to the laboratory for testing. This may include requesting the individual to submit to an observed urine specimen collection with a person of the same gender present. If the Individual refuses the relevant Department Manager will be advised. If the individual continues to refuse, the requirements of the Non-Compliance with Screening Procedures (Page 14) shall apply. Chain-of-Custody Procedures Handling and transportation of urine specimens from one individual or place to another shall always be accomplished through chain-of-custody procedures. The specimen container should be kept continually in view of the individual until it is sealed by placing tamperproof seal tape on the container cap. The collector and individual should sign the tamperproof tape with the Collector recording the date and time on the tape. The collector, donor and witness (Millennium Mine management representative) must sign the Chain-Of-Custody Urine Drug Screening Form PA_MO_FRM_M074. The specimen should be split into a referee specimen (two specimen cups) and placed in a specimen collection bag, along with the chain-of-custody form and QML Pathology Request Form. The specimen collection bag must then be sealed with tamperproof seal tape. The collector and the witness must sign the security seal with the collector also recording the time and date. The specimen bag is then placed in a secure fridge to await collection Breach Management NOTE: Previous disciplinary action for non-alcohol or drug related matters may be considered when assessing actions for breaches of this standard. eg; A person may be terminated for a first offence where other disciplinary action has been instigated. Drug and/or Alcohol Non-Negative Result If an individual is deemed unfit for work as a result of an alcohol or drug test (not consistent with declared medications), the following action will be taken: Tester will ensure all information is kept confidential and the management team is only advised on a need to know basis. The coal mine worker will be stood down from their work on full pay until the non-negative test is confirmed by a third party laboratory (confirmatory test is for drugs only); Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 10 of 26

11 If the results of the confirmatory test are negative, the individual may be permitted to return to work with no loss of pay or conditions. If the results of the confirmatory test are non-negative, disciplinary procedures will be implemented. Coal mine workers will be stood down with pay from the time of the first non-negative test until laboratory results can confirm the result, and then stood down without pay until they provide a negative test result at their own expense. The individual will be removed from the work area and under no circumstances shall be permitted to drive a vehicle or operate any machinery. Where necessary in such a circumstance, arrangement will be made to transport the individual back to their place of accommodation whilst working rostered shifts. Any non-negative results shall be recorded on Drug and Alcohol Authority Form and placed in the coal mine worker s file, with evidence of action taken in response to this finding. The coal mine worker will be required to comply with the procedures for first occasion or second occasion non-negative results prior to resuming work; and No individual will be permitted to return to work until such times as they are able to demonstrate that they are fit for work by demonstrating a negative alcohol reading or drug test (at their own expense) before returning to work. Any breach by a member of the site safety committee or emergency response team (ERT) will immediately have their association with these roles revoked. Counseling and disciplinary procedures as per the Millennium Counseling and Discipline Standard will be implemented. Confirmatory Testing (drugs only) If an individual returns a non-negative drug test for an initial on-site test, a referee specimen must be sent to a laboratory for a confirmatory test. The confirmatory result will be obtained by analytical procedure of Gas chromatography mass spectrometry (GCMS) and will be completed off site at a registered laboratory using the donor s initial specimen. The outcome of the confirmatory test will overrule the outcome of a site based test, however further testing may be enacted under the Challenge (for cause) Test procedure. Counselling & Discipline Counselling and discipline will be conducted in accordance with Peabody Counselling and Discipline Policy and Millennium Counselling and Discipline Standard (PA_MO_STD_M094). On each occasion that an individual returns a non-negative test result they will be advised of access to the Employee Assistance Program (EAP). Details of all disciplinary action will be detailed and recorded on the coal mine worker s personnel file. First Occasion Self-Test (alcohol only) The coal mine worker will not be permitted to return to work until they have been tested again and returned a negative test result; The coal mine worker will be counselled by their supervisor on: The unacceptability of the coal mine worker s behavior and the risk that such behavior creates for the safety of the individual and other coal mine workers; and The coal mine worker s responsibility to demonstrate that the problem is being effectively addressed. The coal mine worker will receive a formal Counseling notice which shall reflect the key points covered in this process and the implications of a repeat offence. The coal mine Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 11 of 26

12 worker will be given a copy and the original will be forwarded to the Human Resources department. The coal mine worker will be formally offered the opportunity to contact a professional counsellor through the Employee Assistance Program (EAP). The decision to undertake Counseling or other treatment for alcohol or other drug problems is the responsibility of the coal mine worker and cannot be made mandatory. First Occasion No Self-Test (drugs and/or alcohol) The coal mine worker will not be permitted to return to work until they have been tested again and returned a negative test result for all prescribed substances; The coal mine worker will be counselled by their supervisor on: The unacceptability of the coal mine worker s behavior and the risk that such behavior creates for the safety of the individual and other coal mine workers; The coal mine worker s responsibility to demonstrate that the problem is being effectively addressed; and That any future breach of the standard may result in the coal mine worker s dismissal. The coal mine worker will be notified that they will be monitored for twelve (12) months and that during this time, periodic testing may occur. The coal mine worker will be formally offered the opportunity to contact a professional counselor through the Employee Assistance Program (EAP). The decision to undertake Counseling or other treatment for alcohol or other drug problems is the responsibility of the coal mine worker and cannot be made mandatory. However the SSE will insist that the coal mine worker provide satisfactory evidence that the threat to work performance and/or safety has been addressed before they are permitted to return to work. Millennium will pay for up to four sessions with the professional counselor. The coal mine worker will receive a formal final written warning which shall reflect the key points covered in this process including a warning to the effect that any re-occurrence may result in the coal mine worker s dismissal. The coal mine worker will be given a copy and the original will be forwarded to the Human Resources department. Second Occasion Self-Test (alcohol only) The coal mine worker will not be permitted to return to work until they have been tested again and returned a negative test result. The coal mine worker will be counseled by their supervisor on: The unacceptability of the coal mine worker s behavior and the risk that such behavior creates for the safety of the individual and other coal mine workers; The coal mine worker s responsibility to demonstrate that the problem is being effectively addressed; and That any future breach of the standard may result in the coal mine worker s dismissal. The coal mine worker will be notified that they will be monitored for twelve (12) months and that during this time, periodic testing may occur. The coal mine worker will be formally offered the opportunity to contact a professional counselor through the Employee Assistance Program (EAP). The decision to undertake Counseling or other treatment for alcohol or other drug problems is the responsibility of the coal mine worker and cannot be made mandatory. However the SSE will insist that the coal mine worker provide satisfactory evidence that the threat to work performance and/or safety has been addressed before they are permitted to return to work. Millennium will pay for up to four sessions with the professional counselor. The coal mine worker will receive a formal final written warning which shall reflect the key points covered in this process including a warning to the effect that any re-occurrence may result in the coal mine worker s dismissal. The coal mine worker will be given a copy and the original will be forwarded to the Human Resources department. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 12 of 26

13 Second Occasion No Self-Test (drugs and/or alcohol) Formal disciplinary procedures will be invoked to ascertain if any mitigating circumstances exist, and to allow the coal mine worker to state their case. This case will be treated as serious misconduct and unless there are convincing arguments to the contrary, the coal mine worker will be dismissed without notice. The termination notice will be endorsed, Non-Compliance with Safety Standard and will be facilitated by the Human Resources Department. Third Occasion Self-Test (alcohol only) Formal disciplinary procedures will be invoked to ascertain if any mitigating circumstances exist, and to allow the coal mine worker to state their case; This case will be treated as serious misconduct and unless there are convincing arguments to the contrary, the coal mine worker will be dismissed with payment in lieu of notice. The termination notice will be endorsed, Non-Compliance with Safety Standard and will be facilitated by the Human Resources Department. Exceptions to the Above In the instance that a coal mine worker reports to work, does not self-test and provides a Blood Alcohol Concentration (BAC) of grams of alcohol per 100ml of blood or above, this will be deemed as serious misconduct and unless there are convincing arguments to the contrary, the coal mine worker will be dismissed without notice. The termination notice will be endorsed, Non-Compliance with Safety Standard and forwarded to the Human Resources Department. Payment for Time off Work Due to Non-Negative Result If a coal mine worker provides a confirmed result of above 0.00% BAC for alcohol, the coal mine worker will be stood down without pay until such time as they can provide a negative result. If a coal mine worker provides a Non-Negative result during an initial on site screening test for drugs, the coal mine worker will be stood down on full pay until the results of the confirmatory laboratory tests are confirmed. If the results of the confirmatory tests verify the Non-Negative result, the coal mine worker will then be stood down without pay until such time as they provide a negative result to return to work at their own cost. Declared Medications If a coal mine worker has used, is using or intends to use, any prescription or over the counter drug it is the responsibility of that coal mine worker to ensure that the drug in question will not cause any impairment that may adversely affect the safety and health of any workers at the mine. This may be determined in consultation with the prescribing physician or supplying pharmacist. In all cases, coal mine workers are required to declare the use of all prescription and overthe-counter medications on the medical declaration form. The coal mine worker shall inform either their relevant supervisor or their manager and make arrangements to complete the Medical Declaration Form indicating any possible impairment that the medication/s may cause. A copy of all medical declaration forms shall be forwarded to the SSE or his designated representative(s) in accordance with the CMS&H Regulation 42. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 13 of 26

14 If the employee provides a prescription for medication consistent with a non-negative result, the HSET Manager or SSE may accept the coal mine worker as fit for work and complete a risk assessment prior to sending them back to work. The employee must also complete a statutory declaration stating that the non-negative result was from legally prescribed medication. If the laboratory results show that the results were due to illegal use of drugs, the employee will be deemed to have committed serious misconduct. If it is determined that the drug in question may adversely impair the worker s ability to work safely then the coal mine worker will need to take leave until cleared to return to work by a medical practitioner. Individual cases may be referred to the Company Nominate Medical Advisor (NMA) for approval. Should a coal mine worker be required to submit to a drug test they must make known to the collector performing the test, prior to the test being performed, any use of prescribed or over the counter medication that may affect their test results. Should the drug test return a nonnegative result that is consistent with the information provided, then the matter will be handled as described above in the case where the coal mine worker has submitted a medication declaration form to their supervisor or manager. In any case, a non-negative drug test result will be sent for laboratory testing to confirm the result. The making of a false or misleading statement will be considered a breach of site procedures and dealt with in accordance with relevant disciplinary procedures. If a coal mine worker has not declared any prescription medication through the correct process as listed above they will not be able to commence or continue working and will be required to undertake personal or annual leave. If the confirmatory test shows that the non-negative result was due to undeclared or illegal drugs, the actions of the coal mine worker will be considered serious misconduct and disciplinary procedures as per section will apply. Non-Compliance with Screening Procedures If an individual s sample is not supplied when requested or within 1 hour (urine sample only, alcohol tests must be taken immediately) this will be treated as refusal to test. Refusal by an individual to undergo a test in accordance with site approved procedures and not to test or cooperate with the administration of an alcohol or drug test is considered a nonnegative result and will involve disciplinary procedures as per section of this Standard. In the event that a coal mine worker refuses to undergo a test, that coal mine worker will be transported back to their place of accommodation whilst working rostered shifts, and will not be paid for the time they are away from work. If the coal mine worker is to return to work, they shall comply with the conditions above, including undergoing a drug and alcohol test and the results found negative prior to their return to work. Refusal will disqualify coal mine workers from driving and/or operating plant and equipment. Falsification of any alcohol or drug test is considered a serious breach and will involve disciplinary action as per the HR Counselling and Discipline Policy and the Millennium Counselling and Discipline Standard (PA_MO_STD_M094). Repeat provision of a dilute or invalid sample on two or more occasions, will be considered a non-negative result subject to consideration for mitigating factors and discipline will be taken accordingly. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 14 of 26

15 Sale and Supply of Drugs The unauthorised sale, supply or manufacture of alcoholic beverages by any coal mine worker on site is prohibited and is considered serious misconduct The sale, supply, manufacture or use of synthetic or illegal drugs by any coal mine worker on site is prohibited and is considered serious misconduct. The sale, supply, manufacture or use of synthetic or illegal drugs by any coal mine worker at company supplied accommodation is prohibited and is considered serious misconduct. Consumption or Possession of Alcohol or Illicit Drugs Consumption or possession of any illicit drugs or alcohol whilst at work or during the working period will be considered serious misconduct. Disputed Test Results Where a coal mine worker disputes an on-site drug test result, the coal mine worker can, at their own expense, have an additional test conducted by a doctor of their choice. In the event of a negative drug test result from a doctor of their choice, the coal mine worker will be paid for the shift and his or her medical expenses met. The test must be conducted within 3 hours of leaving site which must be confirmed in writing by the doctor. While waiting for the results of any off site tests the coal mine worker being tested will not be allowed to attend work. Alcohol results can only be disputed on site by requesting a second test using an alternative testing device within 15 minutes of the original non-negative result. Access to information The Company will not release documents relating to drug or alcohol testing results during the course of a potential disciplinary matter or investigation. Coal mine workers can dispute the outcome of any disciplinary action through the dispute resolution clause in the Millennium Mine Enterprise Agreement. 3.7 Physical and Psychological Impairment It is recognised that physical and psychological illnesses and injuries may be able to be prevented; it is also recognised that a worker with a physical or psychological illness or injury may not be impaired. The following programs will assist in preventing injuries and illnesses from occurring: Pre-employment medicals and functional task assessments; Coal Board medical reviews; EAP; or Health programs. Examples of physical or psychological impairment which may affect a coal mine worker s fitness for work include but are not limited to: Illness or injury; Physical exhaustion; Stress or anxiety; The withdrawal effects of substance abuse. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 15 of 26

16 3.7.1 Identification of Impairment A coal mine worker may be identified as having a possible physical or psychological impairment in one of the following ways: Presentation of a medical certificate which expressly indicates the presence of a physical or psychological impairment; Return to work following a prolonged absence due to illness or injury without a full clearance certificate from the treating medical practitioner; Obvious physical signs and symptoms that are unable to be logically explained Shortness of breath on routine tasks; Unusually high levels of sweating, pale skin tones; Chest pains or numbness in limbs; Inability to focus or failing vision; Vertigo or balance problems; Incoherent speech; Uncontrollable shaking; Actions that are out of character, irrational or provide concern for the safety of the individual or those around them; The individual or those working around them report the existence of a possible physical or psychological impairment. In accordance with their legal obligations, individuals must report to their supervisor anything which may affect the health and safety of themselves and others. Where a coal mine worker is concerned that health or safety may be affected by any form of physical or psychological factor, they must notify their supervisor. If impairment is identified or suspected, the relevant supervisor or manager must take steps to manage potential risks. The SSE or his designated representative(s) shall be notified of the potential impairment, the SSE or their designated representative will investigate and verify the reasons for the concern by confirming the existence or the signs, symptoms or behaviours. If the SSE or their designated representative is satisfied that there is a physical or psychological impairment, they will conduct an interview with the individual of concern. If the SSE or their designated representative remains satisfied that the coal mine worker of concern does indeed have a potential physical or psychological impairment, the SSE or the SSE representative will formally detail the concern and reasons for the concerns in writing. The completed letter will be given to the individual of concern and a copy to the HSET Manager or the individual of concerns employer in the event the individual of concern is a contractor. The employee must then obtain information about their impairment from their treating practitioner and supply the information to Peabody and to the Peabody NMA. All expenses incurred by the individual with their treating practitioner or related specialist will be at their own cost. Any of the following information relating to the specific concerns may be forwarded to the NMA to assist in the medical confirmation assessment: Letter to the NMA from SSE; Information from the treating practitioner regarding the impairment; Copies of functional task assessments created for each task the individual of concern must partake in; or Offer for the NMA to inspect site to gain a better understanding of the task environment. Costs incurred whilst attending the NMA, or for time spent by the NMA on the assessment of the coal mine worker will be at the Company s expense. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 16 of 26

17 The NMA will assess the information and may refer the individual to a medical specialist and if required other appropriate health professionals or to undergo additional tests as required. The SSE or the individual of concern can seek clarification in writing about whether the individual can undertake the tasks for which they are employed without placing themselves or others at an unacceptable level of risk. Costs incurred on the assessment of the coal mine worker whilst attending a health professional referred by the NMA will be at the Company s expense. The SSE can only seek advice from the NMA or other referred medical specialist or appropriate health professional in relation to the specialist report and assessment Assessment Results and Actions Where the assessment is that the individual of concern is able to undertake their normal duties without restrictions the individual will proceed to undertake their normal role. The following conditions shall apply if the individual concerned is unable to undertake their normal duties without restrictions: Individual of concern is invited to participate in the EAP; the individual may be directed to undertake alternative duties or remain away from work at the SSE determination based on the risk to the individual or others at work; Individuals who have a physical or psychological impairment that is non-work related (e.g. fractured leg, sports injury etc.) shall take personal leave for the time they are off work Individuals who are impaired from a work related event shall be covered by the workers compensation policy and associated procedures; and The company will only pay for the NMA assessment and subsequent report. It is the responsibility of the individual to monitor their own health to ensure that they remain fit for work. Individuals should ensure that: They undergo regular health and fitness assessments; Their treating medical practitioner is aware of the physical requirements of their position; They comply with treatment advice provided by their treating medical practitioner; They obtain information from their treating medical practitioner about the impact that any injury or illness they may be suffering from will have upon their capacity to carry out the duties of their position safely; and They provide accurate information to their manager or supervisor about the state of their health and alert their manager or supervisor to any health issue that they are aware of that may impact upon their capacity to safely carry out the duties of their position. 3.8 Fatigue Management Fatigue Management Overview The management of fatigue is a joint responsibility between Millennium Mine management and its coal mine workers on site. Millennium Mine Management is responsible for implementing work arrangements that provide adequate and sufficient sleep opportunities and systems for educating, monitoring and investigating fatigue-related symptoms and incidents. Coal mine workers are given the opportunity, at their request, to develop individual Journey Management Plans (JMP) to assist in presenting themselves fit for duty and ensure their safety when travelling to and from the workplace. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 17 of 26

18 The management of fatigue at Millennium Mine includes: Sufficient sleep opportunity is given to coal mine workers and contractors; Using the sleep opportunity (i.e. verification of actual sleep obtained); and Monitoring of fatigue related symptoms and errors and procedures to deal with such situations Sufficient Sleep Opportunity Different work arrangements at Millennium Mine will result in different levels of sleep opportunity and subsequent risk associated with fatigue. As such fatigue cannot be managed through a single set of controls that apply to all work environments. Any individual who is concerned that they may be fatigued shall cease their current task and discuss the matter with their supervisor. It is important to recognise that the quantity and quality of sleep is the most important factor in influencing fatigue and all coal mine workers and contractors shall consider the risk of fatigue in their work places on the safety of themselves and others. Decisions regarding the type of activities and duration of sleep undertaken prior to the commencement of work, the length of travel prior to and following the completion of work are all to be considered when identifying potential risks of fatigue. Sufficient sleep must be obtained before travelling to and from a normal place of accommodation. Contractors shall submit control measures to manage such travel to the SSE for review Journey Management Plans (JMP) Coal mine workers will be given the opportunity, at their request, to develop and implement their own individual Journey Management Plan (PA_MO_FRM_M075) (JMP). In some cases individuals may be requested to complete a JMP by their direct supervisor. The completed JMP is required to be reviewed and signed off by the employee and their supervisor Monitoring of Fatigued Workers and Contractors There are a number of signs and symptoms which may be used to identify the presence of fatigue in individuals, including but not limited to: Physical signs such as excessive yawning, heavy eyelid, fidgeting; Mental signs such as hallucinations, errors, coordination; Emotional signs such as lack of motivation, agitation and; Errors caused by poor judgment, poor decision making or lack of concentration. Medical conditions such as sleep apnoea and clinical depression can reduce both the quantity and quality of sleep and may increase the risk of fatigue occurring in the work place. In addition certain types of medication may affect the alertness of workers and the use of this brand of medication requires notification by using the Medical Declaration Form (PA_MO_FRM_M010). Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 18 of 26

19 3.8.5 Management of Fatigued Coal Mine Workers All coal mine workers are proactively encouraged to report the onset of fatigue if and when it occurs during the shift. In the event a coal mine worker s ability to perform normal duties becomes impaired (for any reason) during a shift, it is the coal mine worker s duty of care to report that risk to the supervisor. Where a coal mine worker has been identified as suffering from the effects of fatigue, whether self-reported or reported by another coal mine worker, the following steps shall be taken: The worker shall cease their duties and discuss the impairment with their supervisor; The supervisor shall complete Step 1 of the form, Supervisors Guide to Assist in the Identification of Fatigue (PA_MO_FRM_M073); If three or more fatigue indicators are identified the supervisor and coal mine worker shall complete Step 2 of form, to determine the level of risk; If the risk is determined to be unacceptable using the Fatigue likelihood Indicator/Calculator the supervisor and coal mine worker shall complete Step 3 of form, to determine the cause of the impairment; The supervisor and coal mine worker shall also conduct a fatigue indicator calculation to determine a potential likelihood of level of impairment; Once Step 3 and the fatigue calculation has been conducted the supervisor shall complete Step 4 and determine the options available on site if any, to the coal mine worker or if they need to be transported to their usual place of accommodation whilst working rostered shifts. If the Supervisor deems that person is not fit for work because of fatigue, the following controls should be considered: 1) Break in Shift: The individual is able to take a break in the shift of sufficient duration to provide some recovery time. The coal mine worker shall then be re-assessed. 2) Sleep: If it becomes apparent that the individual is simply unable to continue working safely due to fatigue, the individual shall be transported to their usual place of accommodation whilst working rostered shifts. In the event that the coal mine worker is returned to their usual place of accommodation whilst working rostered shifts, the Supervisor shall complete an incident report, outlining the person s hours of sleep and activity prior to and during the shift. Activities conducted over preceding days should also be considered when compiling the report. Supervisors shall refer individuals who experience subsequent fatigue-related impairment at work to the Employee Assistance Program (EAP). Individuals unable to gain a reasonably rapid resolution to fatigue-related impairment through the EAP will be required to develop a plan, in conjunction with their supervisor, to maintain their fitness for work. Where a coal mine worker does not agree to develop and execute a plan to maintain fitness for work, or has multiple fitness for work related breaches, disciplinary procedures as per PA- HRS-PLY-GN7.0 Peabody Energy Policy Energy Counselling & Discipline may apply. Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 19 of 26

20 3.8.6 Limits on Hours of Work and Rostering Arrangements Except in the case of an emergency or otherwise approved by the SSE (or appointed representative) and underpinned by risk management, the limitations specified below in Table 2 shall apply to hours of work: Criteria Maximum hours in a scheduled shift Maximum hours for supervision to enable effective shift hand over Maximum working hours per 24 hour period inclusive of travel time for driver/passenger of vehicle Average work hours per week, per roster cycle, exclusive of travel Maximum consecutive shifts without exceeding the maximum hours that can be worked per week Minimum break between shifts* Minimum rostered days off between each block of shifts (excludes non-rostered personnel working normal business hours Monday-Friday) 30 minute rest breaks (maximum timing between 30 minute breaks) Limits 12.5 hours 14 hours 15 hours 98 hours 9 shifts 10 hours 1 day 4 to 5 hours Table 2 Work hour limits * Where a coal mine worker does not get at least ten (10) consecutive hours off duty prior to the start of their ordinary hours the next day, they will be released from duty without loss of pay until they have had ten (10) consecutive hours off duty In exceptional circumstances, returning prior to the 10 hour required rest break between shifts can be approved by the SSE providing that in doing so it does not create an unacceptable level of risk to the coal mine worker or others and this has been verified by a risk assessment. Once the task is completed the coal mine worker will not return to work until a minimum 10 hour absence has been observed. Adequate and regular rest breaks are necessary if risks to safety and health are to be controlled. These are specified as the minimum break requirements within and between shifts. Additional breaks may be arranged as appropriate or considered necessary to manage fatigue. Flexibility of break times may be arranged, after consultation between the supervisor and coal mine worker, to allow self-management of personal fatigue Roster Details All proposed rosters to be worked for coal mine workers must comply with this fitness for work standard and be approved in writing by the SSE. Approval for rosters that do not comply with the limits on hours of work and rostering arrangements detailed in section will be developed on the basis that risk management principles have been applied in considering the following aspects of the roster arrangements and a risk assessment has been completed: Document Number: PA_MO_STD_M033 Version: 1 Uncontrolled when printed 20 of 26