BlandsLaw - Blog posts from alcohol
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Clearly an employee who is intoxicated at work will suffer from impaired judgement and may seriously jeopardise their own and other employees’ safety. A common question we are asked is: When can I test employees for drug and alcohol use?

This area is a tricky one for employers as there are competing interests to consider: the employer’s obligation to provide a safe workplace, versus an employee’s right to privacy.

Procedural Fairness v Safe workplace

A recent FWC decision[1] highlights the complexity of this issue. An Ensign employee was summarily dismissed after failing a random drug test, testing positive for methamphetamine, THC and amphetamine. He claims he was wrongly terminated as he did not use drugs, the testing was unreliable and he was denied procedural fairness in the testing and disciplinary procedure.

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With a few busy months ahead for many businesses holding work social functions and Christmas parties, it is a good time to consider the issues around drugs and alcohol in the workplace. From a legal risk management perspective, best business practice around these issues involves the implementation of workplace policies that cover not only drugs and alcohol, but also performance management, occupational health and safety, discrimination and termination. It may be useful at this time of year to remind employees what policies are in place and when these apply.

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