Alcohol and other drugs can impair judgement, concentration, reaction times and decision-making, creating significant workplace health and safety (WHS) risks. As a result, many employers use workplace drug testing as part of their broader safety management framework.

However, drug testing can be a controversial issue. While many organisations regard testing as an important risk-control measure, particularly in safety-sensitive industries, concerns are often raised about employee privacy, the reliability of testing methods and whether drug testing alone is effective in reducing workplace incidents.

For these reasons, employers should view drug testing as one component of a broader approach to managing workplace safety rather than a standalone solution.

 

What is workplace drug testing?

Workplace drug testing involves testing employees or job applicants to identify the presence of alcohol or other drugs.Employers may use a variety of testing methods, including:

  • random drug testing

  • blanket testing

  • for-cause drug testing

  • a pre-employment drug testing procedure for new hires

  • post-accident drug testing

  • voluntary drug testing.

 

Why is workplace drug testing controversial?

There are two approaches to health and safety: attempts to influence personal behaviour, and attempts to address inherent workplace hazards. In the case of the former, employers commonly put the blame of any accidents on the employee or victim. The latter approach focuses on ensuring safe systems at work and forms the core of employer obligations under the Work Health and Safety Act 2011.

While employee worker behaviours under the influence can have disastrous consequences, targeting behaviour is regarded as ineffective due to its unpredictability and unreliability. The more effective approach is to create safe workplace systems. This is done through safe work design, training, operating procedures and improving the overall working environment.

The reason workplace drug testing is controversial is that it addresses behaviour, rather than working conditions. While intoxicated individuals can be a contributor to accidents and injuries, workplace drug testing alone will not prevent work-related illness or injury. 

For example, a workplace could feature inadequately trained and supervised employees working 12-hour shifts, six days a week in a stressful environment. In this case, accidents are still likely to happen, even despite a regular random drug testing regime. 

In addition to targeting behaviour rather than conditions, drug testing is often viewed as an invasion of privacy.

 

How do workplace drug tests work?

Workplace drug tests are conducted either through blood tests, urine tests or saliva tests. Each drug test has a different testing window, and each test also varies in its accuracy to determine drugs in the system.

Regardless of the type of test, the general workplace drug testing procedure should follow the two Australian standards for drug testing:

Drug testing is typically conducted by in-house staff or a professional provider, who performs the test and collects the sample. The sample is then sent to an accredited laboratory, which will analyse and provide the results.

 

Carrying out workplace drug testing

It may be the case that an employer understands the risks and limitations associated with workplace drug testing and still chooses to proceed. In this case, employers need to make decisions around when and how drug testing is conducted.

Testing could be done randomly, only after an incident occurs, or before beginning high-risk work. Testing could also be conducted if there appears to be ‘reasonable cause’. An example of this is when a person’s behaviour or appearance provides grounds for believing they are intoxicated. In addition, decisions need to be made as to the type of testing. Employers will also need to decide what happens if an employee declines a drug test.

Once these decisions are made, employers should outline these in a workplace drug testing policy. This policy should be clearly communicated to employees, along with any updates to the policy.

 

The importance of a drug and alcohol policy

A workplace drug and alcohol policy should clearly explain:

  • the purpose of testing;

  • testing procedures;

  • employee responsibilities;

  • privacy and confidentiality protections;

  • prescription and over-the-counter medication disclosure requirements;

  • consequences of positive results;

  • consequences of refusing a test;

  • rehabilitation and support options; and

  • review or appeal processes.

Employees should be made aware of the policy and provided with any updates before testing is implemented.

 

When to call in a third-party provider

According to the Fair Work Commission, it is not best practice for an employee’s direct manager or colleague to take a sample. In addition, while there are drug testing kits available in Australia, these can be unreliable. This is often the case if the test is administered by an untrained professional and the sample is not analysed by an accredited lab.

To protect an employee’s privacy and comply with best practices, employers can choose to call in a third-party provider to conduct workplace drug testing. There are many providers out there, so it’s important to conduct research and consult a range of providers. The National Association of Testing Authorities (NATA) has a database of suitable and accredited testing providers.

 

Can employees refuse workplace drug testing?

Employees may refuse to undergo a drug test. However, a refusal can have employment consequences.

Where drug testing forms part of a lawful and reasonable workplace policy, an employee's refusal to comply may expose them to disciplinary action and, in some circumstances, termination of employment.

For this reason, employers should clearly outline in their policy:

  • when testing may occur;

  • whether testing is mandatory;

  • the consequences of non-compliance; and

  • the process that will be followed if an employee refuses a test.

Procedural fairness should be applied before any disciplinary action is taken.

 

Bottom Line

Workplace drug testing can be a useful safety tool, particularly in high-risk industries, but it is not a complete solution to managing workplace safety. The most effective approach combines testing with strong safety systems, training, supervision and risk management practices. 

Employers that choose to implement workplace drug testing should establish a clear policy, protect employee privacy, communicate expectations clearly and ensure testing is conducted fairly and consistently.Workplace drug testing can be tricky to navigate and is often the source of controversy. 

To protect your organisation and employees, it’s imperative to have a clear workplace drug testing policy. If you need help creating a best practice policy, download Workplace's drug and alcohol policy template here.