Sporting greats and MPs call on Allan Govt to update archaic workplace drug testing laws

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27th of July, 2025
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Two top AFL coaches are backing a campaign to secure legal protection for Victorian workers who could be sacked just for taking a prescribed medication, such as medicinal cannabis.

Coaching greats Damien Hardwick and Alastair Clarkson, both medicinal cannabis patients, have made videos calling for Victoria’s workplace Alcohol and Other Drug laws to be reformed. Legalise Cannabis Victoria is lobbying the government to introduce legal protections for workers taking prescribed medications, including medicinal cannabis.

“Kudos to those who are advocating for change, pushing a motion that demands protection for workers prescribed medicinal cannabis,” Mr Clarkson said. “I hope the Allan government supports this change and ensures medicinal cannabis patients aren’t mistreated.”

Mr Hardwick said it was appalling that workers prescribed medicinal cannabis were being sacked for taking their medication. (Trace elements of the cannabinoid THC can be detected by a workplace drug test days or weeks after consumption, even when the worker is in no way impaired or affected.)

“I take medicinal cannabis and I’m a better coach because of it. Because my pain is reduced, my sleep is enhanced, and I definitely make calmer decisions at work …I demand protection for workers prescribed medicinal cannabis and call on the Allan government to support change and end the persecution of workers like me,” he said.

LCV successfully lobbied the Allan government last year to introduce a legal defence to spare medicinal cannabis patients from automatic loss of licence if they failed a roadside drug test. Hardwick and Clarkson also endorsed that campaign.

“We hope the government shows the same compassion to workers prescribed medicinal cannabis as they did to drivers prescribed medicinal cannabis,” Mr Ettershank said.

MP David Ettershank is demanding the Allan government reform Victoria’s workplace Alcohol and Other Drug laws. Legalise Cannabis Victoria has introduced a motion to parliament calling for amendments to the Occupational Health and Safety Act 2004 and Equal Opportunity Act 2010. The motion will be debated on July 30 in the Upper House.

Almost two million medicinal cannabis scripts have been issued nationally since 2020.

“WorkSafe also needs to update its guide to workplace alcohol and other drugs agreements to include medicinal cannabis and contemporary AOD approaches. Unbelievably, the guide hasn’t been updated in 14 years, while medicinal cannabis was legalised nine years ago.”

Mr Ettershank said a state parliamentary inquiry last year investigated workplace drug testing and came up with seven recommendations that would reduce discrimination against workers prescribed medication. The July 30 motion is based on those recommendations.

“The inquiry heard from workers who had faced disciplinary action and even lost their livelihood just for having the presence of THC in their system. This isn’t right!

“People should not be impaired at work, but sadly, we know of workers who have lost their job because they did what they thought was the right thing and disclosed to their employers that they were prescribed medicinal cannabis – they were in no way impaired,” Mr Ettershank said.

“Increasingly, medicinal cannabis is being used as an effective but gentler and less addictive alternative to opiates and benzodiazepines.”

Legalise Cannabis Victoria has produced videos documenting workers’ hardships

Victorians sacked just for taking their medication

“Yet medicinal cannabis patients continue to face disciplinary action at work for taking their medicine – a medicine that helps them get a good night’s sleep, alleviates pain, and arguably helps them do their job better.

“Only a small number of industries are required to do mandatory testing under the law, yet many workplaces elect to do drug testing. Workers prescribed medicinal cannabis are being forced to choose between risking their job and abandoning their medication and living with pain.

“We are introducing a motion to demand implementation of the Inquiry recommendations, including amendments to the Equal Opportunity Act 2010 and the Occupational Health and Safety Act 2004, to guarantee people the right to take a prescribed medication.

“It is also critical that WorkSafe develops Compliance Codes for Alcohol and Other Drugs to outline exactly how drug testing can be conducted appropriately in the workplace.

“We believe that drug testing should only be undertaken in the context of a comprehensive AOD framework developed by employees, unions and employers. If drug testing is required, it must be done in a manner that respects employee rights, dignity and privacy.”

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