17th of June, 2025
Parliament of Victoria | Legislative Council
MOTION 975
That this House notes that —
- the current workplace drug testing regime discriminates against people who take prescribed medications, including medicinal cannabis;
- the Legal and Social Issues Standing Committee’s Inquiry into workplace drug testing in Victoria examined the legislative and regulatory framework for alcohol and other drug (AOD) testing in workplaces and found that —
(a) existing AOD testing methods largely focus on testing for presence rather than impairment, making them ineffective in preventing risks to workplace health and safety;
(b) under the current testing regime, unimpaired employees face the risk of disciplinary action, including loss of employment, for taking a prescribed medication such as medicinal cannabis;
(c) Victoria’s current laws governing AOD testing are outdated, inconsistent and result in uncertainty for both employers and employees;
(3) the Inquiry recommended that —
(a) drug testing should only be undertaken in the context of a comprehensive AOD policy and support framework, developed between employees, unions and employers within a workplace relations context;
(b) the Government amend —
(i) the Occupational Health and Safety Act 2004 to regulate AOD testing;
(ii) the Equal Opportunity Act 2010 to prevent discrimination against people who have a medical condition or are taking a prescribed medication;
(c) WorkSafe update its guidelines and introduce a compliance code to provide a regulatory framework for AOD in the workplace;
and calls on the Government to promptly progress these important reforms.
