The Urban Polo Association has a vital interest in maintaining a safe, healthy, and efficient event environment. Being under the influence of a drug or alcohol while participating poses serious safety and health risks to the user, to all those participating with the user, as well as the public attending the events. The use, sale, purchase, transfer, or possession of illegal drugs at Urban Polo events, as well as being under the influence of excessive alcohol while participating at Urban Polo events, poses unacceptable risks for safe, healthy, and efficient operations, and is inconsistent with the behavior expected of persons involved with Urban Polo
DRUG, ALCOHOL AND SUBSTANCE ABUSE POLICY
BAC: means ‘blood alcohol content’.
Delegate: means a person, or entity, authorized by the UPA to enforce this Policy.
Event Manager: means the entity in charge of managing a UPA Event.
Illegal Drug: means any substance listed on the WADA Prohibit List, pursuant to Article 4.1 of the WADA Code.
NATA: means the National Association of Testing Authorities, Australia.
Participant: means polo player, horse groom, horse vehicle driver, umpire, employee and sub-contractor taking part in a UPA Event, or employed and/or retained by the UPA.
Players Insurance: means the UPA’s player accident and disability insurance extended over all sanctioned UPA Events.
Policy: means the Drug, Alcohol and Substance Abuse policy referred to herein.
Positive Result:means a Test result which detects an Illegal Drug, Prohibited Substance or a blood alcohol content of 0.05% and above.
Prohibited Substance: means any illegal or unlawfully obtained drugs or controlled substances; “designer” or synthetic drugs; “over the counter” or prescribed medications not being used for purposes or in the manner intended, as well as mood or mind-altering substances.
Public Liability Insurance: means the Public Liability Insurance extended over Urban Polo events by the Event Manager.
Sample: means a sample of urine obtained by a Delegate pursuant to this Policy.
Test: means a breathalyzer or urine test carried out at a UPA Event, and/or on UPA Property, or in a NATA approved laboratory pursuant to a Sample obtained at a UPA Event and/or on UPA Property, seeking to detect an Illegal Drug, Prohibited Substance or alcohol.
Search: means a search for Illegal Drug, Prohibited Substance or alcohol carried out on a Participant, or their property, by a Delegate pursuant to this Policy.
Search Form: Form ‘B’ in the Appendix.
Test: means a test conducted pursuant to this Policy to detect an Illegal Drug, Prohibited substance or the presence of alcohol.
Testing Form: Form ‘A’ in the Appendix.
UPA: means the Urban Polo Association Limited A.C.N. 64 168 372 398.
UPA Event: means an event conducted under Urban Polo Rules and officially sanctioned, or approved, by the UPA.
UPA Property: means all property own leased, used or under the control of the UPA, or its sanctioned Event Manager, including but not limited to, playing field, horse areas, hospitality areas, plant, offices, facilities, parking areas, land, buildings, structures, all work locations, vehicles, and equipment.
UPA Rules: means the rules of play and behavior adopted, and changed, from time to time, by the UPA in relation to the code of polo known as Urban Polo.
WADA: means the World Anti-Doping Agency.
A. PURPOSE OF THE POLICY
The UPA values Participants and the public and recognizes their need for a safe and healthy event environment. Furthermore, Participants abusing drugs and alcohol can be a danger to themselves and the public. The establishment of a drug-free event Policy is consistent with the UPA’s desire to promote safe and accident-free events.
B. DRUG AND ALCOHOL POSSESSION AND USE PROHIBITED
1. The UPA prohibits the consumption, possession, sale and/or distribution of an Illegal Drug, Prohibited Substance and/or drug-related paraphernalia, while:
(a)Participating at any UPA Event;
(b)upon UPA Property; and/or
(c)carrying out duties for the UPA.
2. The UPA prohibits the consumption of alcohol, which results in a BAC of 0.05% or above while;
(a)Participating at any UPA Event;
(b)while upon UPA Property, and/or
(c)carrying out duties for the UPA,.
3. Compliance with this policy will be required by the UPA as a condition of Participating in any UPA Event, entering UPA Property or carrying our duties for the UPA. The presence of a detectable amount of any Illegal Drug or Prohibited Substance in a Participant, while engaged in such a way, may be deemed a violation of this Policy, regardless of when or where the substance entered the Participant’s system.
C. CONDITION OF PARTICIPATION
1. Participation in a UPA Event, entering UPA Property or carrying our duties for the UPA may be conditional on proper cooperation with, and participation in, a Test.
2. Participants who return a Positive Result without a legitimate medical reason will be denied Participation. In appropriate circumstances, The UPA may, in its sole discretion, authorize a secondary Test to confirm, or negate, the initial results.
D. TESTING OF PARTICIPANTS
1. The UPA may request current Participants to submit to a Test in certain circumstances, including:
(a) when a Participant’s conduct, actions or behavior reasonably leads the UPA, its Delegate, or Event Manager to suspect the Participant may be using or is under the influence of Illegal Drugs, a Controlled Substance at a UPA Event and/or on UPA Property, or while performing duties for the UPA;
(b) subject to paragraph B (2) above, when a Participant’s conduct, actions or behavior reasonably leads the UPA, its Delegate, or Event Manager to suspect the Participant may be using or under the influence of alcohol at a UPA Event and/or on UPA Property, or while performing duties for the UPA;
(c) when a Participant has an Illegal Drug and/or a Prohibited Substance in his or her possession (actual or constructive) while at a UPA Event, and/or while on UPA Property, or while performing duties for the UPA;
(d) when a Participant has experienced an injury or accident at a UPA Event, and/or upon UPA Property, or is involved in an incident which the UPA believes may have resulted from impairment due to Illegal Drug, Prohibited Substance or alcohol use; and
(e) the UPA may, in its sole discretion and at any time, require a Participant to undergo a Test to determine the presence and/or amount of an Illegal Drug, Prohibited Substance and/or alcohol in their system.
2. A Participant who has returned a Positive Result pursuant to this Policy, and who intends to remain a Participant in future UPA Events, may be retested by the UPA at periodic intervals, as determined by the UPA, for up to twelve (12) months after the Positive Result, even without new evidence of “reasonable belief” of Illegal Drug, Prohibited Substance or alcohol abuse. If a Participant returns a Positive Test on any retest or refuses to promptly submit to a Test in a fully cooperative manner, the Participant may be excluded from future UPA Events indefinitely.
E. USE OF LEGAL AND PRESCRIPTION DRUGS AUTHORIZED BY A PHYSICIAN
1. Certain legal and prescription drugs can produce changes in persons that might indicate intoxication or Illegal Drug and/or Prohibited Substance use and could return a Positive Result. Participants may continue to Participate in a UPA Event, or carry out work for the UPA while taking prescription drugs, at the direction of a doctor for the treatment of an illness, or non- prescription drugs used for the purposes and in the manner intended, provided the medication does not adversely affect the Participant’s ability to perform his or her function in a safe and efficient manner.
2. Each Participant is responsible for being aware of and following all cautions associated with the use of prescription or non-prescription drugs. If any prescription, or non-prescription drugs, being taken by a Participant could have side effects which may affect the Participant’s performance, the Participant must advise the UPA, its Delegate or Event Manager of the drug being taken and the potential side effects. The UPA, its Delegate or the Event Manager has the right to determine whether a Participant who is receiving legal medication should be allowed to continue Participating during their treatment due to possible safety and/or performance problems that could arise from certain legal drug use.
F. TESTING PROCEDURES
1. When feasible, the Participant asked to submit to Testing will be informed of the reasons, cause or action leading to the request.
2. Testing can be carried out onsite at a UPA Event and/or on UPA Property, or at an offsite laboratory, pursuant to a Sample taken at a UPA Event and/or on UPA Property.
3. Participants will complete a consent for Testing Form. The refusal to do so will be considered a violation of this Policy, and the Participant may be denied from Participation in the UPA Event, or from carrying our any further work for the UPA, and/or asked to vacate UPA Property.
4.Testing will be conducted by two (2) Delegates and participants must cooperate fully with reasonable procedures and requirements of the Delegates. The refusal to do so will be considered a violation of this Policy, and the Participant may be denied from Participating in the UPA Event, or from carrying our any further work for the UPA, and/or asked to vacate UPA Property.
5. Testing will require a Participant to deliver a urine sample, in accordance with instructions from the Delegates. If a portion of the Sample returns a Positive Result, the results will be recorded and the remainder of the Sample will be forwarded to a NATA approved laboratory for final Testing. The UPA will rely on the laboratory results for its findings and any disciplinary action.
6. Any laboratory Testing will be conducted by NATA-accredited laboratories pursuant to Australian Standard 4308: 2006 (Procedures for the Collection, Detection and Quantitation of Drugs of Abuse in Urine), or other Australian Standards applicable at the time of the Testing.
7. Each Participant who is to be Tested will be asked by a Delegate to list all legal and prescription drugs consumed during the past thirty (30) days, and will have an opportunity to explain the use of each such drug. Participants who do not report the use of any such drugs and who subsequently return a Positive Result, will be denied Participation at a UPA Event, or prevented from carrying out any further work for the UPA, or if Participating and/or so working, may be required to immediate cease, and/or asked to vacate UPA Property.
8. The UPA will endeavor to keep the results of a Test confidential. Test results and voluntary reports of drug and alcohol problems will not be revealed by the UPA to any person except those persons the UPA believes have a need to know because of such reasons as supervision of the Participant involved, personnel administration or as otherwise deemed necessary or proper by the UPA, or as required by law.
9. This Policy does not restrict or limit the possibility of testing under any other rule, regulation, policy, or procedure by a government authority, or by law enforcement agencies.
G. PENALTIES FOR VIOLATING POLICY
1. Failure to comply with the provisions of this Policy will be grounds for;
(a) immediate discharge from a UPA Event;
(b) immediate discharge from UPA Property; and/or
(c) the immediate cessation of any work for the UPA.
2. Furthermore, subject to paragraph B (2) above, Participants found to have alcohol, Illegal Drugs and/or Prohibited Substances in their systems, may have their Players Insurance and/or Public Liability Insurance vitiated.
H. SEARCHES AND INSPECTIONS
1. To help ensure a safe and healthy event and work environment and to accomplish the objectives of this Policy, the UPA reserves the right to condition entry to a UPA Event, and/or onto UPA Property, upon the right to search the Participant and their personal property, for Illegal Drugs, Prohibited Substance, and drug paraphernalia.
2. Participants will complete a consent for Search Form. The refusal to do so will be considered a violation of this Policy, and the Participant may be denied from Participation in the UPA Event, or from carrying our any further work for the UPA, and/or asked to vacate UPA Property.
3. Searches may include, but are not limited to, vehicles, bags, tool boxes, lunch kits, or other property under the control of the Participants.
4. Searches and inspections will be performed;
(a) by two Delegates;
(b) with concern for the Participant’s privacy, dignity and confidentiality; and
(c) in the presence of the Participant.
5. Illegal Drugs and Prohibited Substances discovered through these Searches and inspections may result in law enforcement authorities being advised in this regard consistent with the law.