Both Harm Reduction Victoria and the Australian Injecting and Illicit Drug Users League said they were ''extremely concerned'' by the tribunal decision, warning of privacy issues, that users could shift to harder drugs to avoid detection and the high costs of testing.
''It is very likely to just drive people underground, away from information and support and towards high-risk practices as they try to avoid the punitive impact of a positive drug screen at work,'' said Jenny Kelsall from Harm Reduction Victoria, a support and advocacy group.
The Fair Work Australia full bench decision found that requiring drug and alcohol tests was a ''reasonable'' request from an employer, even if the workplace agreement did not endorse it.
''The risks to employee safety posed by drug and alcohol use have long been recognised by this tribunal,'' it ruled. ''And compulsory drug and alcohol testing is, of itself, not so extraordinary that it could not be argued to be a reasonable employer instruction.''
The decision backed an appeal by contractors Thiess and Wagstaff Piling to earlier decisions that ruled out mandatory testing as it was not part of workplace agreements with the Construction, Forestry, Mining and Energy Union in Victoria.
University of Adelaide workplace law expert Andrew Stewart said the full bench decision was important and ''very robust'' but said it could be open for appeal to the Federal Court. ''I'm quite prepared to accept that any business with significant safety obligations, it's quite probably right, that an employer can lawfully and reasonably test for drug and alcohol impairment,'' he said.''There's a big gap between that very broad generalisation to say what types of testing can be imposed and we then need to consider issues around privacy and confidentiality obligations.''
Professor Stewart said sensitive issues such as drug testing were better dealt with by agreement, but the problem with the Victorian building industry was that it was hard to do so. The issue could lead to industrial tension with the Victorian CFMEU having long-standing opposition to mandatory drug testing and instead saying they want a co-operative approach.
Master Builders Association of Victoria executive director Brian Welch described the decision as ''landmark'' and said anecdotal evidence pointed to widespread problems with drugs and alcohol in the Victoria industry. Harm Reduction Victoria's Ms Kelsall said many in the drug treatment sector question the value of drug testing and said a focus on health outcomes was a better approach.
14 October, 2011
Ben Schneiders
Generally, these drug tests are a very useful tool for almost all companies. For a safe, productive and healthy workplace, more and more employers conduct random faa drug testing. I really like this blog! can't wait to read other interesting posts!
ReplyDelete