Drug Testing in the Australian Workplace

Issues to Address When Implementing a Drug Screening Program

Jun 5, 2009

Drug and alcohol use in the workplace costs employers. Implementing a drug screening program for employees can reduce both risk and cost to the employer.

A 2007 research report, "Work Related Drug and Alcohol Use - A Fit for Work Issue", by the Australian Safety and Compensation Council found that 2.5% of employee respondents self-reported that they had worked under the influence of an illicit substance and that 5% of all workplace accidents were attributable to the use of alcohol or drugs.

As well as the increased risk of an accident, workplace drug and alcohol use costs employers in both direct and indirect ways. Direct costs include lost productivity and indirect costs include increased employee turnover. As a result of the potential for increased and the legal requirement to provide a safe workplace, some Australian employers are turning to employee drug testing programs to reduce their risks.

Both employer and employee groups have areas of concern in relation to workplace drug testing, particularly around issues such as privacy, efficacy of the testing method, legal requirements to a safe workplace, the effect the testing regime will have on staff morale and motivation and whether employees found to be in breach of the policy should be subject to punitive or rehabilitative measures.

Efficacy of Drug Screening ProgramsThe American Civil Liberties Union (ACLU), in their publication "Drug Testing - A Bad Investment" found that the issue of efficacy of the testing method in a drug screening program is an important consideration for both employers and employees. The ACLU also noted that implementing a workplace drug testing program is an expensive process for an employer and that there is limited research to support the fact that workplace drug testing programs are effective over the long term.

Privacy rates highly as an employee concern when subject to employment drug testing. Drug and alcohol testing can be a semi-invasive procedure, which some employees may find humiliating or degrading. In a 2005 article published in the Journal of Industrial Relations, Australian researchers Holland, Pyman and Teicher, found that employees had concerns relating to the potential requirement to disclose to employers the details of any prescribed medications they may be taking and around what the employer may use the disclosed information for.

Employers in Australia have a duty of care to their employees under common law and responsibilities under the varying state based workplace health and safety legislation to ensure that workplaces are safe for both employees and any visitors to the workplace. Employees and visitors to the workplace also have a responsibility to ensure that they do not place themselves in an unsafe working environment.

As workplace drug and alcohol use or working while under the influence of drugs or alcohol can result in death or injury to a third party, many employers, particularly those in high risk industries such as mining, have implemented workplace drug and alcohol testing policies and procedures as part of risk management and legislative compliance practices. Test cases in Australia have predominately found in favour of the workplace on the basis that drug screening programs can make the workplace safe.

The ACLU noted that the implementation of a workplace drug screening program can have an adverse effect on the morale and motivation of staff and may make it difficult for employers to recruit new staff. However other researchers have found that provided the employee drug testing program is undertaken in a fair manner with reasonable appeal systems and a voice for employees, that the drug testing program will be accepted with limited effect on the morale and motivation of employees.

Dealing with Breaches of the Drug Screening ProgramIf an employee fails a drug screening program, an employer is entitled to take corrective action, either punitive or rehabilitative. Punitive measures include dismissal, leave without pay and formal warnings. The use of punitive measures for failing employee drug testing has been tested many times in the Australian industrial relations system with the courts deeming that punitive measures should be supported by rehabilitative measures, including counselling and access to drug and alcohol rehabilitation programs.

It is still uncertain whether a workplace drug testing program is effective over the long term in reducing the risks of accident in the workplace and the associated costs for employers. In order to implement a workplace drug and alcohol testing program, employers should work with their employees, allowing them opportunities to voice their concerns. Employers should also communicate the details of the program to employees at regular intervals and be fair, consistent and reasonable in the use of the workplace drug testing program.

The copyright of the article Drug Testing in the Australian Workplace in Human Resources Management is owned by Tracey Lloyd. Permission to republish Drug Testing in the Australian Workplace in print or online must be granted by the author in writing.