Collective Bargaining Agreement No 100 entered into force on 1st April 2009. This CBA requires every company to include in its work rules (règlement de travail / arbeidsreglement) a preventive policy with respect to alcohol consumption and drug use in the workplace. A company that does not yet have such a policy has until 1st April 2010 to amend its work rules accordingly.
Purpose of the CBA
Alcohol consumption and drug use in the workplace are relatively widespread practices, with potentially disastrous consequences not only for the employees concerned but also for the company as a whole: a deterioration in the job atmosphere, absences or late arrivals, a decline in productivity, damage to the company’s public image, etc.
For all these reasons, the government deemed it necessary to provide for an obligation for all companies to introduce a policy to prevent alcohol consumption and drug use in the workplace.
The purpose of the CBA is not to offer companies a comprehensive policy that allows them to deal with the problem of alcohol consumption and drug use but rather to provide them with a framework within which to act.
Content of the CBA
The CBA covers the five following areas:
- prevention (sharing of good practices, models and procedures intended to prevent alcohol consumption and drug use);
- rules on alcohol consumption and drug use at work;
- procedures to be applied for all (problematic) behaviour related to alcohol consumption and/or drug use;
- procedures for the application of alcohol and drugs tests;
- aid and assistance to persons posing or having a problem with drugs or alcohol.
Amendment of the work rules
Every company is obliged to develop a preventive policy for its employees, in two phases:
- In the first phase, the company shall determine the principles and objectives of its preventive policy and prepare a policy statement or a statement of intent setting forth the main themes of its policy. This phase is mandatory, but the procedure to amend the work rules need not be followed. Nonetheless, an information and consultation procedure of the employee-representative bodies within the company (i.e., the committee for prevention and protection at work, the works council or the trade union delegation) or, if no such bodies exist, the employees themselves must still be respected.
- In the second phase, the company can decide (at its option) to flesh out the abovementioned starting points and objectives. The new rules must then be incorporated into the work rules, in accordance with the normal amendment procedure.