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Is Drug Testing Legal?
Workplace drug and alcohol testing must take account of a number of laws including the Privacy Act 1993, the New Zealand Bill of Rights Act 1990, and the Human Rights Act 1993. It must be non-discriminatory and not abuse the individual’s human rights.
Employers may use workplace drug and alcohol testing as a means of ensuring the health and safety of their employees.
Specifically, the common law and statutory duties on employers (and employees) are:
> the employer's duty to provide a safe workplace
> the employee's "duty of obedience and reasonable behaviour," and
> the general statutory duties on employers and employees under the Health and Safety in Employment Act 1992
When is drug testing carried out?
> Pre-Employment Testing
> Post-Incident Testing
Employees involved in any significant accident or incident are tested immediately to identify whether drugs or alcohol were a factor.
> Reasonable Cause Testing
Employees are tested if there is reasonable cause or suspicion of drug or alcohol use.
> Random Or Periodic Testing
All employees, or an identified group (for example, those in safety sensitive positions) are tested on a random unannounced basis. Random testing can mean either the random selection of employees to be tested or all employees within a group being tested at random times within a certain period.
Is Urine Testing Legal?
Yes in Pre-Employment - Possibly In Post Incident, Post Accident and Just Cause - Not When Used In Random Testing Programmes
The intrusive nature of urine testing was explored by the Full Bench of Fair Work Australia in the recent decision of Endeavour Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. In that case Endeavour Energy, a state-owned energy company, challenged unsuccessfully on appeal a decision of Senior Deputy President Hamberger which had compared the two established methods of drug testing in the workplace: AS/NZS 4308:2008 (urine testing) and AS 4760:2006 (saliva testing) and had concluded that the proposed introduction of urine testing by Endeavour Energy would be unjust and unreasonable.
"Although one needs to approach judgments from other jurisdictions with some degree of caution, given the way in which urine testing for drugs in Australia and New Zealand is conducted under a common standard, the decision no doubt has more relevance than might otherwise be the case. To that extent, the following conclusion of the Senior Deputy President, noted in the Full Bench decision, would in my view have equal application in this country and go some way towards explaining in part the rationale behind the requirement for drug policies to be interpreted and applied strictly"
Judge Ford, Wellington
Any one, any where, any time
> Tests for alcohol impairment
> Complies with recent legal decisions
> Meets relevant accuracy standards
> Does not require special facilities
> Much more cost effective than urine testing
> Significant cost savings over urine testing
> Own staff quickly trained to administer
> Most importantly tests only for current impairment
Oral Cube 6 + Panel Saliva Drug Screen is a revolution in real-time drug screening as a frontline indicator of impairment.
The Oral Cube 6 + has been specifically manufactured to meet the Australian Standard for Saliva Testing AS4760:2006. It is unique by incorporating screening for both alcohol and the drugs of abuse simultaneously in oral fluid.
> Easy to use and convenient
> All collections can be observed
> No restroom required
> Specimen collection takes 3 minutes
> No shy bladder issues
> No specimen tampering issues
> Clear, rapid results
> Results ready in 10 minutes
> No instrumentation required
> Built in alcohol screen—as well as the DOA
> Cube ideal for photocopying results
> Saliva sample is observed at all times
> Each test has procedural control built in Colloidal gold technology, superior sensitivity accuracy and precision
> Tested for cross-reactivity against most common drugs and other substances
Detects parent THC
PH. 0800 RISKGROUP
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