Drugs & Alcohol
A full programme including the testing of employees for the presence of drugs or alcohol will be required in some workplaces. The types of tasks that the courts have suggested 'quote' (Maritime Union of NZ v TLNZ Employment Court, Auckland AC 51A/07, 21 December 2007, Chief Judge Colgan) are as follows:
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Drug and alcohol testing may be the subject of a fair and reasonable employer policy;
- Proper consultation will apply to the formulation and promulgation of drug and alcohol testing policies;
- Directions pursuant to such policies must be fair and reasonable;
- Obligations for safe workplaces may require such policies;
- Alcoholism and drug dependency are disabilities within the meaning of the Human Rights Act 1993 for which it is illegal to discriminate in the offer of work;
- The Privacy Act 1993 contains provisions which serve as useful guidelines to the reasonableness of policies which may affect the privacy of individuals;
- It is reasonable for employers to discharge their obligations under the Health and Safety in Employment Act 1992 to minimise the risk of harm in the workplace by testing for the presence of drugs and alcohol;
- Work in and around safety sensitive areas will affect the reasonableness of drug and alcohol testing regimes.
The court looked at a drug and alcohol testing regime — whether there was adequate consultation — the effect of health and safety obligations (OSH Law) — whether it was a reasonable and lawful policy of the employer.
For more information and the guidelines
of a programme Click here Employers Support Package members - the system is now in your library online.
Click here to see our toolkits for drug and alcohol detection >>
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