The Legislative Council’s Legal and Social Issues Committee has released the Final Report of the Inquiry into Workplace Drug Testing. The report urges urging changes to workplace drug testing legislation. The government has six months to respond.
As reflected in the evidence presented to the committee, the report recommends that drug testing should not be imposed randomly at work.
The report highlighted the need for workers rights to be treated with respect, and for Alcohol and Other Drug policies and practices to be supportive and agreed with workers and their unions.
Key recommendations include:
RECOMMENDATION 1: That drug testing only occur where an employee is believed to be impaired and only then in the context of a comprehensive, alcohol and other drug framework agreed to by both employers and employees.
RECOMMENDATION 2: That the Occupational Health and Safety Act 2004 be amended to state key principles around AOD testing that include the rights of workers to privacy and dignity, workplace education, support measures and guidance on how testing can or should be carried out.
RECOMMENDATION 3: That the Equal Opportunity Act 2010 be amended to clarify that discriminating against a worker taking a prescribed medication is prohibited.
RECOMMENDATION 4: That WorkSafe update its advice on alcohol and other drugs policies with information on medicinal cannabis, in particular that it be treated in the same way as all medications that may cause impairment.
RECOMMENDATION 5: That WorkSafe convene a working group to update its Guide for developing a workplace alcohol and other drugs policy and develop a Compliance Code, to be accompanied by a comprehensive education campaign, emphasising a health‑based approach to AOD in the workplace.
RECOMMENDATION 6: That WorkSafe ensure that workplace drug policies are communicated clearly and effectively to all employees.
RECOMMENDATION 7: That WorkSafe investigate impairment testing methodologies and publicly advise on their relevance to workplace drug testing.
