Australian Workplace Drug Testing Laws: The Need to Know

Is drug testing at work legal? This question is vital regarding the Australian workplace drug testing laws. Although it is not mandatory, it is legal to conduct workplace drug testing in Australia. According to the Work Health and Safety Act, businesses must ensure that the health and safety of their workers are not at risk. Therefore, many companies or employers conduct drug and alcohol testing to identify substance use before or during work.

Workplace drug testing is essential in high-risk industries such as mining, construction, transport, or aviation. It is crucial because it can deter employees from consuming drugs and alcohol that are otherwise hazardous.  Moreover, it can help prevent accidents by ensuring that employees are in proper condition to do their jobs. A cost-effective way to check for alcohol in employees is through a workplace breathalyser. Breathalysers Australia has the most comprehensive workplace breathalyser selection through BACtrack devices for highly reliable and consistent alcohol breath tests.

What do the Australian workplace drug testing laws say? The employer has the right to insist on drug or alcohol tests if for justifiable reasons. Reasons to push through a drug test include:

• An employee shows apparent signs of being under the influence of drugs or alcohol. Some examples are bloodshot eyes, problematic behaviour, alcohol odour in the breath, slurred speech, or poor balance and coordination.
• The employee shows irrational or problematic behaviour. There might be an underlying reason if the employee starts to display aggressiveness. Furthermore, identifying or isolating the possible cause is essential to promoting a healthier working atmosphere.
• The employee becomes more prone to absenteeism and tardiness. They may also display less productiveness due to their lowered physical and mental capability.
• An employee who operates heavy machinery shows loss of balance, slow reaction time, or impaired reasoning. A healthy mind and body are crucial for jobs of this nature. Risky behaviours often lead to accidents or casualties.

Australian Workplace Drug Testing Laws for Employers

What can you do to follow the Australian workplace drug testing laws as an employer? As an employer, you are responsible for providing a drug and alcohol-free working environment. However, even though drug testing is legal, there are limitations. There must be clear drug and alcohol policies before conducting workplace testing. The drug and alcohol policies must be understandable to all employees. It is helpful to consult a legal professional while creating the policy to help mitigate risks and ensure compliance.

Employees should understand and agree to undergo drug and alcohol tests regularly for the welfare of everyone at work. Companies may even conduct pre-employment testing to ensure they hire responsible individuals for safety-sensitive positions. Moreover, employers should ensure the ones handling the tests are qualified and have undergone proper drug and alcohol training courses. Nevertheless, the company must also maintain the privacy and confidentiality of the results. Only authorised personnel should have access to the results of the test. This protects the employee from discrimination if they do receive a non-negative result.

In conclusion, companies can require employees to submit to drug or alcohol tests. Under the Australian workplace drug testing laws, it is perfectly legal to request drug testing as long as the parameters are clear. In addition, employees may self-check their blood alcohol level through a personal or company breathalyser. BACtrack breathalysers are ideal for accurate BAC readings. They take only 10-15 seconds to process the results. Without a doubt, having quick tests available can help with less workflow disruption even on the day of testing.