Workplace Drug Testing in Victoria? Employer Obligations for 2026

The Victorian Government reaffirmed its risk-based approach to workplace drug testing in its formal response to the Inquiry into Workplace Drug Testing tabled in November 2025.

Here’s a detailed breakdown of what employers in Victoria need to know going into 2026.

No Legal Mandate For – or Against – Random Drug Testing

Employers can choose to implement testing programs as part of managing alcohol and other drug (AOD) risk – including random testing methods.

Under the Occupational Health and Safety Act 2004 (Vic) and Regulations 2017, employers must eliminate or reduce health and safety risks “so far as reasonably practicable.” AOD testing may be adopted as a risk control measure—but only where appropriate to the workplace context.

Compliance With Multiple Legal Frameworks

Employers implementing AOD testing (including random testing) must navigate:

• • Occupational health & safety
  • Industrial relations
  • Equal opportunity / anti-discrimination
  • Privacy and data protection
  • Road safety
  • Fair Work and dismissal protections

You MUST consult employees when developing and revising AOD policies and  testing regimes.

Guided (Not Dictated) WorkSafe Resources

WorkSafe provides guidance such as the Guide for developing a workplace alcohol and other drug policy, but these resources are advisory, not mandatory.

Additional Clarity on Medicinal Cannabis

Medicinal cannabis should be treated similarly to other prescription medications that may impair performance. Updated guidance will address legal status, performance effects (CBD vs. THC), and disclosure obligations.

For example – an employee prescribed medicinal cannabis must disclose usage if it could impair their ability to perform safety-critical tasks.