Currently organisations are facing a gap between Australia’s occupational health and safety laws and the use of medicinal cannabis. In January 2024, the number of Australians who were prescribed medicinal cannabis products was approx one million patients, according to Australian Health Practitioner Regulation Agency (AHPRA).

Earlier this year, a Brisbane man, was fired after testing positive for THC in a random workplace drug test. After he lost his job, he lodged an unfair dismissal claim against his employer but things didn’t turn out quite the way he thought they would.

He was using medicinal marijuana, in the form of an oil and a vape, to treat a mental health condition. He had worked loading and unloading ship cargo for nearly two decades, and prior to the drug test he had an impeccable work record. The ABC reported that his application for unfair dismissal was dismissed by the Fair Work Commission.

He started work at 7am and picked up one container box, before he was told that he needed to undergo a random drug and alcohol test that day. He confirmed he took the medication 24 hours before he commenced his shift, did not feel impaired, he felt completely fine.

On that particular day, his work involved operating heavy machinery in driving what was called a shuttle carrier – quite a safety critical role. This is very relevant for others in higher risk roles where driving is a requirement and when it is illegal to drive with any THC in your system.

Two days later, laboratory tests confirmed that the THC levels in his urine were 10 times the amount that was permissible under the company’s drug and alcohol policy.

As an employee

• You are obliged under your drug and alcohol policy to inform your employer if you are taking prescription marijuana
• In this case, he was not permitted to perform work whenever he exceeded the prescribed limits in the drug and alcohol policy.

As an employer

• In the absence of testing for impairment, we need to refer to the Australian standards for what levels should be in our system and in the case of THC that is 15ng/ mL
• Read our recent post on fit for duty which delves into this topic in more detail here.

Source ABC Article