Currently, in all states and territories in Australia, it’s illegal to drive with any THC present in your system determined by a roadside mouth swab done by police. The two main components in cannabis plants that have therapeutic benefits are delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). THC is responsible for the effects of cannabis that gets people ‘high’ (intoxicating). CBD is non-intoxicating and may moderate the ‘high’ caused by THC. However, this doesn’t mean that CBD reduces the impairing effects of THC (source Alcohol & Drug Foundation).
The Fair Work Commission recently dealt with a case involving a worker who was dismissed after testing positive for THC (source HRD). The worker, challenged his dismissal arguing that he was not impaired at work, had a valid prescription for medicinal cannabis, and believed he had allowed sufficient time between consumption and his shift.
The employee also claimed confusion about his obligation to disclose his prescription, fearing potential repercussions from his employer. These arguments set the stage for a case that delves into the complexities of workplace drug policies, medical treatments, and employee rights in safety-critical industries.
Fair work commission ruled the dismissal was not unfair stating that “nothing can be more important than protecting health and safety in the workplace, and a drug and alcohol policy is one important means of doing so. Failure to comply with a reasonable workplace drug and alcohol policy is unacceptable, first and foremost because it undermines efforts to keep workers safe, and secondly, because it exposes the employer to risk.” Read the full fair work commission article here.
Curious to know what the current Australian standard drug class screening levels are click here.
At Alcolizer Technology we are leaders in Drug and Alcohol testing and view the use of testing programs by organisations as an essential method in managing operational risk. Ensuring your testing programs are kept current and evolve with legislation changes and technological advances are just as important as implementing them. By partnering with our team, you remove the ongoing obligation of having to keep abreast of new and emerging trends.