Companies are increasingly implementing drug and alcohol testing as understanding grows about their impact on workplace safety. While maintaining a secure work environment is a shared responsibility, understanding and following the new protocols can seem unclear, especially regarding the resources and regulatory evidence available.
A recent Fair Work Commission unfair dismissal case provides regulatory evidence to support workplace drug and alcohol testing and policy. In May, a forklift operator (Mr. Candido) had his employment terminated immediately after his employer concluded he had left work to avoid a drug test. Earlier, Mr. Candido had been issued a final warning following a positive drug test and was notified that future breaches of the company’s drug and alcohol policy would lead to dismissal. Mr. Candido contested his termination, stating he hadn’t deliberately avoided the second screening but had left due to a personal hygiene emergency. His employer maintained that he purposefully avoided testing, breaching company policy with his behaviour constituting serious misconduct and warranting dismissal.
The case was awarded in favour of the employer. 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.
What would have happened if they had responded tepidly with a second, now hollow, warning, and Mr Candido had later injured a worker while driving his forklift with a positive drug reading? The company could reasonably have been accused of not putting safety first and of not taking all reasonable measures to protect health and safety by enforcing the terms of its drug and alcohol policy.
Your commitment to a drug-free workplace safeguards your people and contributes to a culture of responsibility and accountability, fostering success and well-being for everyone at your workplace.
Our mission is to promote workplace safety and compliance through accurate, reliable drug and alcohol testing solutions. We aim to instill a culture of responsibility across organisations, equipping them with the necessary resources to maintain a safe work environment. Through our commitment to quality, training, and customer service, we strive to be the preferred provider for our clients.
If you would like assistance in reviewing your drug and alcohol policy or with implementing testing into your workplace our team are here to help. Phone 1300 789 908 or register your details here and one of our team members will be in touch very soon.
Source Fair Work Commission