Drug testing in the workplace, while not always compulsory, is a critical aspect of the prevention of workplace accidents and injuries. Working under the influence of drugs in agriculture, aviation, construction, corrections, transport and other high-risk industries can have detrimental effects. It is therefore crucial to screen employees in these industries for drug and alcohol use.
Is Workplace Drug Testing Legal in Australia?
The short answer is ‘yes’ – conducting workplace drug testing is both legal and strongly recommended. It is, however, crucial that a stringent drug and alcohol policy be implemented by the business.
This can help in a number of ways, including:
- Avoiding costly litigation
- Effectively establishing a standard for employees to adhere to
- Contributing to a holistic approach to Health & Wellbeing monitoring.
So, what makes a great Drug & Alcohol policy?
There’s a lot for a workplace to consider when formulating a drug & alcohol policy. The policy must clearly define what is and isn’t acceptable behaviour and practice regarding alcohol and drug use. This includes establishing tolerance or limitation criteria for illegal/illicit substances, drugs and alcohol consumption.
The consequences of infringing upon the standards included must also be set out clearly and succinctly by the policy. This must also be written in language that is easy for the employee to understand. In the past, there have been instances of employees winning unfair dismissal appeals due to poorly-developed drug and alcohol policies.
Furthermore, good drug and alcohol screening policies determine the following:
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The method/type of screening
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When a drug screening can take place/be requested
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Actions and proceedings following a non-negative screening result
The wording and context of these items must be carefully written into the policy, as they must be adhered to when requesting drug and alcohol screening of employees.
When Can an Employer Request a Drug and Alcohol Screening?
Employers can request drug or alcohol screening for their employees as long as it is reasonable and justifiable. Some reasons deemed appropriate to justify a drug and alcohol screen include:
If there is a health and/or safety concern within the workplace
To maintain and adhere to the standards determined in the company’s drug and alcohol policy
To work towards improving productivity within the workplace
Are employees able to legally turn down drug & alcohol screening?
Yes, but…
Workers can be liable to face disciplinary action as outlined by a company’s drug and alcohol policy. That’s why it’s important to establish standards for disciplinary action in the drug and alcohol policy, covering instances where an employee refuses screening.
The matter can also be taken up with the Fair Work Commission. The employee refusing to partake in a legal drug screen may be recognised as justification for the termination of their employment.
What if an employee returns a non-negative drug result?
Certain industries, such as transport and mining, have their own set of drug and alcohol regulations. However, for the most part, what happens following a non-negative drug result is down to the discretion of the employer.
Once again, the employer’s actions to address this must adhere to the standards they set within their drug and alcohol policy to avoid being tied up in litigation.
If your workplace does not immediately terminate an employee following a non-negative screen result, some examples of other control measures you could implement include:
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A safe return-to-work pathway that can include supervision of the employee
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Follow-up drug testing
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Placing the worker on lower risk duties
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Offering rehabilitation services and pathways
From our experience at Employ Health, employers that proactively support the health and wellbeing of their employees have better health outcomes and a more positive overall workplace culture.
To find out more about proactive workplace health and wellbeing monitoring practices, and how Employ Health can help your workplace, click here.
To recap…
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Drug and alcohol screening is a critical aspect of the prevention of workplace accidents and injuries, especially in high-risk industries.
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Based on Australian workplace drug testing laws, drug and alcohol screening in the workplace is both legal and highly recommended.
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It’s crucial to have a drug and alcohol policy that details the expectations around drug and alcohol consumption, as well as consequences of infringing upon these standards.
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Employers can request drug or alcohol screening for their employees, as long as it is reasonable and justifiable.
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Employees can refuse drug testing, but may be subjected to disciplinary action outlined by the company drug and alcohol policy.
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There are several ways to address an employee turning up a non-negative screen result other than termination, which should also be detailed in a company’s policy.
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Workplace health and wellbeing promotion and monitoring typically sees better outcomes in workplace culture, worker health and productivity.
So what’s next?
Start rolling out a drug and alcohol screening program within your workplace to take control of your company’s health and safety!
Need help with finding an agency that can provide legally sound and comprehensive screening? Employ Health can help! We provide…
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Testing that is in accordance with the AS/NZS 4308:2008 and AS 4760:2019.
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Testing that takes place at your workplace to minimise travel time for employees and lost productivity.
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Instant results that are obtained within minutes, and same-day reporting.