27th of August 2024, 3:00pm
FOR IMMEDIATE RELEASE
A new Victorian report into workplace drug testing has found that employees prescribed medicinal cannabis have routinely lost their job or faced disciplinary action just for taking a legal medication – and the law must be amended to protect them.
Legalise Cannabis MP David Ettershank said the report, stemming from a parliamentary inquiry, highlighted the need for government to keep up with medical advancements.
“The guide to alcohol and other drugs produced by WorkSafe has not been updated in Victoria for 17 years, almost a decade before doctors could prescribe medicinal cannabis here,” he said.
“We really need to get with the times because more than 1.5 million prescriptions for medicinal cannabis have been issued nationally to help people suffering a range of debilitating conditions, such as chronic pain, cancer and multiple sclerosis.
“It is critical that both government and workplace policies reflect contemporary, health-led approaches to occupational health and safety.
“The inquiry heard that workers in a diverse range of sectors have been sacked or disciplined even though they were not affected or impaired by medicinal cannabis, they just had tiny traces of cannabinoid chemicals in their system.”
Legalise Cannabis this year campaigned to change driving laws so that medicinal cannabis patients would have a legal defence if they failed a roadside drug test.
“We are also concerned that medicinal cannabis patients are unfairly treated at work, that’s why Legalise Cannabis Victoria moved the referral in parliament to have the Legal and Social Issues Committee hold an inquiry into workplace drug testing,” Mr Ettershank said.
Access to medication is a fundamental human right
Legalise Cannabis MP Rayne Payne said being able to take a medication to treat an ongoing medical condition was a fundamental human right and must be recognised in law, meaning the Equal Opportunity Act 2010 needs to be amended to protect this right.
“It’s distressing to think that medicinal cannabis patients are being tested and dismissed because cannabinoids – unlike alcohol – show up on drug tests hours, even weeks after any effects of the medication have worn off,” she said.
Evidence from worker, unions and employers
The committee heard evidence from workers, unions and businesses, and released their report on Tuesday [August 27].
Mr Ettershank said several industries had mandatory workplace drug testing, including mining, transport, maritime, aviation and police, other workplaces can adopt policies that require workers to be tested to keep their jobs.
Mr Ettershank said the report recommends that drug testing should only occur when employers have a well-founded belief that a worker may be impaired, and there must be employee supports in place.
“If drug testing is required, it must be done in a manner that is respectful,” he said.
“The current WorkSafe advice is that testing policies must be appropriate to the level of risk of the work but that’s not what’s happening. Workers are being sacked even though they were in no way affected or incapacitated.”
The words of workers unfairly treated
The committee heard that one employee informed his employer he was a medicinal cannabis patient ahead of a workplace drug test.
“I was dismissed at the end of the day due to their company policy not allowing for medicinal cannabis. All other prescription medicines were acceptable,” he said.
Another worker told the committee, “If I do not consume my medicine, for fear of retribution at the workplace, then I am less capable of completely and accurately performing and completing my work. The employer has a lack of understanding.”
Employers don’t realise medicinal cannabis is safe
Ms Payne said employers, who do not realise that medicinal cannabis is a safe and effective medication, were effectively forcing workers to instead shift to strong opiates and barbiturates, often not screened for in workplace tests.
“Workplace drug testing aims to protect workers from risk but in truth, bad testing policies can have the opposite effect by influencing workers to take more intoxicating drugs,” she said.
“Employers need to stop focussing on presence of the chemical THC and instead think about impairment. A recommendation of the Inquiry is that WorkSafe should investigate impairment testing technologies like apps that test balance and cognitive response.
“WorkSafe must develop a comprehensive alcohol and other drugs compliance code for businesses so that employee and employers are protected.”
[Ends]
