Clear, Comprehensive Policies are Essential

The Fair Work Commission (FWC) recently dealt with a case involving a stevedore with 25 years of service who was dismissed after testing positive during a random drug test. The case highlighted the importance of workplace drug and alcohol policies.

The case centered on a 39-hectare port terminal operating around the clock. The workplace involved significant safety risks, with workers operating multiple cranes simultaneously and moving shipping containers weighing up to 35 tonnes at heights of 42 metres. The terminal manager gave evidence that at any time, up to 200 people could be on site, including employees, contractors, truck drivers, and visitors. In the previous 12 months, two serious incidents had been reported to Safe Work New South Wales, underlining the critical importance of workplace safety.

The port operator had maintained an Alcohol and Other Drugs Policy since 2012. The May 2024 test detected cocaine metabolites in the worker’s system approximately 24 hours after he had last used cocaine. Three medical experts provided evidence about the test results and their implications for workplace safety. The Fair Work Commission ordered the worker’s reinstatement within 21 days and maintained continuity of service, without back pay for the nine-month period since dismissal. This represented what the Commission called a “significant penalty and appropriate in all of the circumstances of the case.”

The Commission found the dismissal harsh, noting the policy should have specified testing for inactive metabolites and that positive results could occur even after the drug left the system without intoxication. The case emphasised the need for clear, comprehensive workplace drug policies. Source – “Tamaray (2025), ‘Worker tests positive for cocaine but keeps job’ in HRD, February 15.”