Browsing: Drugs and alcohol


Executives must be more involved in WHS; and more

  • Company directors still have little involvement in WHS matters despite industrial manslaughter developments; and
  • Court to hear test case on worker's medicinal cannabis use.

Safety specialist reasonably advised drug test of worker

A worker claiming he accidentally ate cannabis cookies before failing a workplace drug test has failed to overturn his dismissal. He argued his employer unreasonably subjected him to the test when he wasn't displaying any behaviour or symptoms of intoxication or impairment.


Insistence on less "invasive" drug test fails in FWC

A white-collar worker has unsuccessfully challenged her dismissal for refusing to provide a urine sample for a drug and alcohol test for "personal medical reasons", with a commission stressing that office-based staff aren't "immune" from drug-related injury risks.


Inquiry blames "safety crisis" on big companies, pay rates

Regulatory strategies aimed at curbing drug use, speeding and driving while fatigued in the heavy vehicle sector are doing little to address the systemic causes of this behaviour, highlighting the urgent need for an independent body empowered to eliminate unsafe economic practices, a Senate inquiry has found.


Out-of-hours offence not a sackable safety breach

In an important ruling on out-of-hours conduct, the Fair Work Commission has ordered the reinstatement of a safety-critical worker who was sacked after he was caught drink driving with a blood alcohol concentration four times over the legal limit.


FWC rejects lozenge claim after failed alcohol test

A worker who claims he failed a workplace breathalyser test because he had consumed medicated throat lozenges, and says he refused to undergo an earlier test because of COVID-19 concerns, has been denied an unfair dismissal remedy in the Fair Work Commission.


Employer not liable for drunk co-worker's act in unit

An employer is not liable for a worker being urinated on by an intoxicated colleague, but companies do have a safety duty to protect personnel from "unpleasant" interactions in accommodation facilities, a superior court has found.

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