v) Testing for illicit drugs and impairment

v) Testing for illicit drugs and impairment

Employers have a general 'duty of care' to provide a safe workplace free from hazards under the
OSH Act and MSI Act. It allows flexibility for employers and workers to agree upon an alcohol
and other drugs policy for their workplace. Some employers have interpreted their 'duty of care'
obligations to provide a safe working environment to require alcohol and/or drug testing of workers.
There are no provisions in the OSH Act or MSI Act that require alcohol and/or drug testing.
Employers therefore have a choice as to whether to test, if risk assessments show particular
risks in this regard. However, employers should bear in mind that:
• industries may have industry-specific legislation or codes that deal with alcohol and/or
other drugs at the workplace and these should be referred to; and
• drug testing is a contentious area and has limitations.
When considering whether to introduce testing for illicit drugs, employers should ensure that the
nature of the policies and programs is appropriate to the level of risk at the workplace by carrying
out a risk assessment.

Even if a risk assessment suggests a level of risk, employers should consider the following points:
• drug testing does not measure impairment. It only detects whether somebody has been
exposed to drugs, for example:
- saliva testing measures the presence of a drug, not how much has been consumed or how
intoxicated a person is;
- urine testing usually measures the presence of metabolites of drug use; and
- breath testing for alcohol measures the direct presence of alcohol and is a reliable indicator
of level of intoxication.
Except for alcohol testing, a positive drug test is not directly related to impairment nor does
it provide a reliable indicator of impairment. Current testing techniques do not disclose the
quantity of drug consumed, exactly when consumed or the level of impairment resulting from
the drug consumption.
• saliva testing, which does measure the presence of a drug and can show recent usage, is in
its early stages of development and there has been limited independent testing or review of it
carried out to date;
• there is the possibility of inaccurate results and false positives in drug testing. Other issues
relate to insufficient integrity of the testing process and the interpretation of results. Drug testing
has limits and therefore may be subject to legal challenge. Testing procedures should comply
with quality assurance, ie Australian standards, and for initial positives there should be a
confirmation test by a quality assured individual or organisation;
• the evidence is inconclusive about whether drug testing improves safety at the workplace;
• if it is intended to introduce drug testing, the general consensus is that it should only be
introduced as a part of a comprehensive health and safety program and all parties at the
workplace should be consulted; and
• there is a range of other issues associated with testing for illicit drugs including confidentiality
and workers’ concerns about privacy.