If you had a big night out and crawled from bed the next day to go to work, would you trust a cheap at-home breathalyser or drug kit to tell you that you were safe to start your shift? What if that kit was handed to you by your employer—would that change your mind?
This was the scenario at the heart of a recent Fair Work Commission (FWC) case. A worker, who had admitted to consuming cannabis, self-tested negative using kits provided by his worksite, only to later return a positive result during official workplace testing. He was dismissed, and he challenged the decision as unfair.
The case is a fascinating reminder of how drug and alcohol testing can become complicated when policies are unclear or when testing methods are misunderstood. It also highlights important lessons for both employers and employees.
And the outcome? Let’s just say the result may surprise you.
Clear drug and alcohol management polices matter
According to HRD Australia, the case involved a mobile plant operator who was dismissed after testing positive for THC (the psychoactive component of cannabis) during workplace testing.
The worker argued the dismissal was unfair because he had self-tested at home using kits provided by his worksite. Those self-tests returned negative results. He believed he was fit for duty, only to be stood down after the official tests showed otherwise.
A big part of the confusion in this case arose because two different drug and alcohol policies were in play. The labour hire employer – who employed the mobile plant operator – had a strict zero-tolerance policy for drugs. The mine operator, on the other hand, gave out self-test kits as a harm minimisation tool. Their aim was to let workers check themselves and, if necessary, stand down before a shift. The worker found himself caught between these two approaches.
While the case is complex, it does provide a clear reminder. If policies are not consistent and easy to follow, employees may misunderstand what is expected of them. For safety-sensitive industries, that is a serious risk.
Workplace safety relies on trust and understanding. When drug and alcohol policies are confusing, trust breaks down. Workers may try to follow one rule but accidentally break another. Employers may believe they have control when in fact their systems are undermined.
Clear and detailed policies reduce this risk. They ensure that everyone understands what “fit for work” means. They explain the role of testing. They set out the consequences of a failed test. They also make it easier for managers and HR staff to act fairly and consistently.
Employers should also make sure their policies are aligned across multiple sites and labour hire arrangements. If contractors face one rule and permanent employees another, confusion will follow.
Why quality drug testing kits matter
The FWC case also raises a question on the role and quality of testing kits. The worker relied on self-test kits provided by the host company. These gave him negative results, while the official site tests later came back positive.
In the HRD Australia article, the cause was explained by different detection thresholds between the self-testing kits and the official workplace testing. This meant employees could pass a self-test but fail official testing. Like the policies, this creates confusion and can – and did in this case – lead to a significant issue.
While in this case the drug test kits were supplied by the employer, it’s a good reminder for others to never rely on cheap or unreliable drug test kits, often purchased online. These devices may not meet Australian standards and are often not accurate or reliable. They can give workers a false sense of security, leading to risky decisions.
Employers who provide kits should make it clear: self-tests are only a guide. The official workplace test is the standard that matters. Employees should understand this and not assume a self-test will protect them from disciplinary action.
Key learnings for employers
- Be consistent – Ensure policies between host companies and labour hire providers are consistent.
- Be clear – Define what “fit for work” means and explain the consequences.
- Communicate well – Train all staff and contractors on your policy.
- Use quality testing – Rely on devices that meet Australian standards and confirm results with lab testing.
- Keep records – Document policies, testing, and training to protect your organisation.
Key learnings for employees
- Understand the policy – Ask questions if anything is unclear.
- Know the limits of self-testing – Only official workplace tests count.
- Avoid cheap kits – Poor quality kits may not give reliable results.
- Use leave if needed – If you may test positive, it is safer not to go to work.
- Stay informed – Keep up to date with any changes to company policies.
Who won the case?
While it can be argued that there is never a winner in any legal proceedings of this nature, in this case both sides had some success.
While the Fair Work Commission (FWC) concluded there was a valid reason for the dismissal, they also found the decision harsh. Therefore, while the FWC effectively upheld the decision, they awarded compensation of just over $37,000 to the employee.
Note:
If you really want to be sure you’re okay to go to work – or drive – rely on the range of Drager alcohol testing and drug testing products. They meet strict Australian Standards and are designed for reliability and accuracy. In many cases, these are the products we use for our workplace testing.
FEATURED IMAGE CAPTION:
A recent Fair Work Commission case highlights the need for clear drug and alcohol policies and reliable testing. Learn why consistency, communication, and quality kits matter for workplace safety.
