Drug & Alcohol Testing - what you need to know!

​​As you may be aware, Danielle Stone from HR Staff n’ Stuff is a qualified Drug and Alcohol tester.  One question Dani is often asked is whether or not there are any restrictions around drug and alcohol testing of employees.  There are a number of points to make in answering this:

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• It is extremely important to have a comprehensive drug and alcohol policy in place.  There are examples of employees succeeding in claims for unfair dismissal against employers due to an inadequate workplace drug and alcohol policy so if you are thinking of having these tests conducted, get your policies in place now.
• You can’t just have a policy in place – it must be communicated to all employees and it is recommended any policy be communicated at least 2 weeks prior to the commencement of testing The policy needs to comply with the current Australian standards for drug testing which would include but not be limited to; clearly outlining when tests may occur, the methods of testing, how the results will be used, how the company will respond to a positive test result including any disciplinary actions associated, along with the ramifications of refusing a request for a test.
• An enterprise agreement that applies to your business or industry may dictate how testing may occur within your workplace.
• In the case of some workplaces whereby the health and safety concerns are such that they warrant strict adherence to a zero tolerance of drugs and alcohol, an employer may be justified in refusing to hire a qualified candidate if they refuse to submit to a test.

Types of Drug & Alcohol Testing

• There are a range of testing occasions that are allowed by law including:
  • Pre-employment – as a part of the employment/recruitment process.
  • Blanket testing – covers everyone within your business.
  • Random testing – random selection of some of your employees.
  • Post-incident - a test that occurs after an accident, potential accident, or 'near miss'
  • 'For cause' testing – yes, you can test an employee that you suspect of being under the influence, but you need to have reasonable grounds
  • Return to work – for an employee who has previously returned a confirmed positive test result, you may require a negative before returning to work.
  • Specific testing – Any employee who has previously returned a confirmed positive test result can be tested on a regular basis without having to rely on any of the above reasons
• Drug and Alcohol testing must be conducted by an individual who holds a Statement of Attainment issued by a Registered Training Organisation after completing an accredited course in Workplace Drug Testing that is compliant with the current Australian Standards

 
Drug and Alcohol testing is a complex area so if you have any questions, contact any of the HR Staff n’ Stuff team and have your questions resolved as they pertain to your business.