February



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| Construction | Transportation
February 4, 2016
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New drug and alcohol testing laws for publicly funded construction sites in Australia

New amendments to the Building Code 2013 will require contractors on publicly funded construction sites to have a policy in place for mandatory drug and alcohol testing by October 16. Announcing the changes, former Employment Minister Eric Abetz said: "It is simply an unacceptable risk to the health and safety of employees and the public to have workers affected by drugs or alcohol on construction sites”.
 
According to Victorian Police, the trucking industry is one in which drug use has become a particularly significant problem. Claire Brattey, associate director at People + Culture Strategies said that if employers choose to begin using drug testing, they need to balance their legal rights and obligations with achieving an outcome on drugs and alcohol that: maximises organisational productivity, is appropriate for their industry, and aligns employees with the organisation's culture and values.

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February 4, 2016
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EU Council reaches common position on draft data protection directive

The EU Council has agreed its negotiating position on the draft Data Protection Directive for the law enforcement area.
 
This in an important step as the Trilogue parties working on the EU Draft DP Regulation had agreed that the two instruments needed to be adopted as a package. It also signals that many of the key issue may have been resolved as some of the concepts are the same in the Regulation and the Directive.
 
This agreement enables the Luxembourg Presidency to also start discussions with the European Parliament on this part of the data protection package. The Trilogue parties aim to finish negotiations on the two instruments by the end of this year.
 
According to the EU Council, EU Member States may provide nationally higher safeguards than the ones set out in the Directive.

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February 4, 2016
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Employee privacy and data protection in Benelux

Many activities routinely performed by employers in the employment context entail the processing of personal data of employees. This is for example the case when processing payroll or employee records, but also when monitoring workers' email or Internet access.

Generally, such processing will fall within the scope of the data protection legislation, which means that employers have to comply with strict rules and regulations. This brochure provides an overview of the most important data protection rules that apply in Belgium, Luxembourg and the Netherlands with a focus on HR issues and employee privacy in relation to transactions.

Although the legislation in all three countries is an implementation of EU Directive 95|46, there are differences in the concrete translation of the directive and the application by the data protection authority in each country.

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