Commitment to Drug & Alcohol Safety
Companies are increasingly implementing drug and alcohol testing programs as awareness grows of the impact alcohol and other drugs can have 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 supporting the importance of workplace drug and alcohol testing, along with clear and consistently applied Drug & Alcohol Policies and Procedures.
- In May, a forklift operator 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.
- He 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.
Case Awarded in Favour of the Employer
This case highlights the importance of not only having a clear Drug & Alcohol Policy and Procedure, but also ensuring it is consistently communicated, understood and applied across the workforce. Policies are most effective when supported by practical procedures, training and ongoing review.
Nothing is more important than protecting health and safety in the workplace, and a well-developed Drug & Alcohol Policy and Procedure is an important means of achieving this.
Failure to comply with a reasonable workplace Drug & Alcohol Policy and Procedure is unacceptable, first and foremost because it undermines efforts to keep workers safe, and secondly because it exposes the employer to unnecessary risk.
What would have happened if they had responded 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 & Alcohol Policy and Procedure.
Workplace Safety – Accurate & Reliable Testing Solutions
We help organisations develop safer workplaces through accurate and reliable testing solutions, fit-for-work programs, policy and procedure reviews, training and ongoing compliance support.
If you would like assistance reviewing or updating your Drug & Alcohol Policy and Procedure, implementing a workplace testing program, or training your workforce on their responsibilities, we can help. Phone 1300 789 908 or register your details details online and we will be in touch very soon.
