The Tax Office union is calling for a "safe harbour" for staff with drug and alcohol addiction, arguing the agency's policy discourages struggling staff from coming forward.
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Australian Services Union tax branch secretary Jeff Lapidos has written to senior leadership proposing the changes, arguing a "policy gap" means staff who declare their struggles with drugs and alcohol are at risk of being penalised.
The current policy requires managers to seek advice from human resources on whether an employee who self-identifies as having a drug or alcohol problem should be referred for misconduct action.
"Our view is that it is not in an ATO employee's interest to self-disclose their own alcohol or drug use in breach of this [policy] because of the risk of misconduct action," Mr Lapidos wrote in a letter to Deputy Commissioner Alison Stott last week, seen by The Canberra Times.
"The ASU would advise a member against making any self-incriminating statement if asked to meet with their manager to discuss a concern the employee appears to be impaired by drug or alcohol use."
The union argues the current policy is a barrier to help for staff. It is not the first time the ASU has pushed back on the agency's drug and alcohol rules - criticising the policy as "hardline" when it was introduced in 2022.
The agency's chief executive instruction (CEI) on drugs and alcohol mandates managers report "anything related to performance or conduct to your onsite people support team (ATOP) if you have reasonable concerns that an employee is impaired by alcohol and/or drugs".
![The Tax Office union's secretary Jeff Lapidos. Picture by Elesa Kurtz The Tax Office union's secretary Jeff Lapidos. Picture by Elesa Kurtz](/images/transform/v1/crop/frm/143258707/365d30bb-b26c-422a-bac7-e06143e0056a.jpg/r0_154_3894_2337_w1200_h678_fmax.jpg)
Associated guidelines for managers state: "ATO People will provide guidance on whether the matter should be referred for misconduct action."
Mr Lapidos says the union wants to see the Tax Office implement more effective support for staff who are struggling with drugs and alcohol.
"It is our view that inappropriate drug and alcohol use is best addressed before it becomes an addiction," he wrote.
"The best way for the ATO to encourage this is to include a safe harbour against misconduct action for employees who are prepared to come forward to seek the ATO's support under its alcohol and drug management policy."
The proposal will be discussed at the union's national forum on Monday.