Drug and Alcohol Testing Case Studies
A presentation given about drug and alcohol testing. Includes case studies.
Drug and alcohol testing
Key issues employers should consider:
- Type of testing regime – urine v saliva
- What is the key aim of the policy?
- What disciplinary action is appropriate?
Main areas of disputation
- Need for drug and alcohol testing regime less controversial, particularly in high risk industries
- Type of testing more likely to be disputed
- Whether dismissal warranted where evidence of impairment is absent also likely to be disputed
Method of testing
Briggs v AWH Pty Ltd [2013] FWCFB 3316
- Refusal to submit to random urine test
- Employee asserted purpose of policy to measure impairment
- Alleged urine testing not relevant to impairment
- Dismissed due to failure to follow reasonable directive
Briggs v AWH Pty Ltd [2013] FWCFB 3316
- Full Bench upheld dismissal
- Discussed relative merits of two tests
- No consensus as to which test preferred