A presentation given about drug and alcohol testing. Includes case studies.

 Drug and alcohol testing

Key issues employers should consider:

  1. Type of testing regime – urine v saliva
  2. What is the key aim of the policy?
  3. 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