For many businesses across Australia, drug and alcohol (D&A) testing is a cornerstone of workplace health and safety (WHS). Whether you operate in mining, transport, logistics, maritime or manufacturing, the risks of impairment are too significant to ignore. Accidents, injuries, equipment damage, and even reputational harm can all result if a worker is under the influence on the job.
But creating a workplace testing program is about more than buying a breathalyser and writing a policy. It must be legally defensible and consistently applied, or you risk costly disputes, unfair dismissal claims, and compliance breaches. This guide explores how HR and safety managers can build a robust program that meets Australia’s WHS requirements, avoids common pitfalls, and stands up in court if challenged.
Why Compliance Matters
Under the Model WHS laws, employers (or PCBUs – Persons Conducting a Business or Undertaking) have a duty to provide a workplace free of risks to health and safety, so far as is reasonably practicable. That duty includes managing hazards from drugs and alcohol.
Failure to do so can result in legal liability, regulatory investigations, and even criminal penalties in severe cases. At the same time, mishandling a workplace drug test — such as dismissing an employee based on an unconfirmed screening result — can see you lose at the Fair Work Commission and be ordered to reinstate or compensate the worker.
A compliant testing program protects both sides: it keeps impaired individuals out of safety-critical roles and ensures employees are treated fairly and lawfully.
The Legal Framework and Australian Standards
Workplace drug and alcohol testing in Australia is guided by two key standards:
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AS/NZS 4308 – Procedures for specimen collection and testing of urine for drugs of abuse.
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AS/NZS 4760 – Procedures for specimen collection and testing of oral fluid (saliva).
Both standards outline how samples must be collected, handled, tested, and confirmed. Critically, they require that any non-negative result from an on-site screening test must be confirmed by a NATA-accredited laboratory before it is considered a positive result. Skipping this step is one of the most common compliance mistakes employers make and one that has been repeatedly highlighted in Fair Work cases.
Employers must also consider privacy and consent obligations. Workers should be informed about the testing policy, what substances will be tested for, and how results will be handled. Consent should be obtained before testing, either individually or as part of an employment agreement or enterprise policy.
Common Pitfalls (and How to Avoid Them)
1. Acting on Preliminary Results
On-site devices, whether saliva kits or breathalysers, are excellent for rapid screening, but they are not the final word. Acting on a non-negative result without laboratory confirmation exposes the employer to claims of unfair dismissal. Always send non-negative samples to a certified lab and wait for the final report before taking disciplinary action.
2. Using Untrained Collectors or Outdated Procedures
Collection must follow strict chain-of-custody requirements to prevent tampering and protect the integrity of the result. Using untrained staff or failing to document collection properly can render a test result inadmissible. Ensure collectors have up-to-date qualifications and refresher training.
3. Mixing Testing Methods Inconsistently
Some employers use urine tests one day, saliva tests the next, with no clear policy. This inconsistency can be challenged as unfair. Pick the method (or combination) that suits your risk profile, document it in your policy, and apply it consistently across the workforce.
4. Privacy and Data Handling Breaches
Test results are sensitive personal information. Storing them insecurely or sharing them without consent can breach privacy laws. Maintain clear record-keeping protocols and limit access to authorised personnel only.
5. Ignoring Device Calibration
Breathalysers and other testing devices must be regularly calibrated to remain accurate. An out-of-calibration device could produce false positives or negatives, either missing impairment or penalising an innocent worker. Andatech, for example, offers scheduled calibration services and reminders so devices remain compliant with AS 3547:2019 standards.
Best Practice for a Defensible Program
A legally defensible workplace D&A program has several key elements:
Clear, Written Policy
Your policy should define the scope (who is tested), the substances tested for, testing frequency (random, pre-employment, post-incident), and the process for handling results. It should also outline employee rights, confidentiality measures, and support services such as Employee Assistance Programs.
Standardised Procedures
Follow the Australian Standards for specimen collection, testing, and laboratory confirmation. Use accredited devices and work with certified labs and collection services.
Consistent Enforcement
Apply the policy equally across all staff levels and worksites. Consistency reduces perceptions of bias and strengthens the employer’s position if challenged.
Training and Communication
Train supervisors to recognise signs of impairment, understand the policy, and respond appropriately. Communicate expectations to employees through induction sessions and toolbox talks.
Regular Calibration and Maintenance
Schedule calibration for breathalysers every 6 to 12 months depending on manufacturer recommendations. Keep service certificates on file to demonstrate compliance if results are ever questioned.
Lessons from Fair Work Cases
Recent Fair Work Commission decisions have reinforced that process matters as much as the result. In one case, a worker was dismissed after a non-negative saliva test result but the employer had failed to wait for confirmatory lab results. The dismissal was deemed harsh and unreasonable, and the employee was reinstated.
In another case, a mining company was successful in defending its decision to terminate a worker for a positive drug result, largely because it had followed the Australian Standards to the letter, used accredited collection services, and provided the worker with an opportunity to respond before making the final decision.
The takeaway: following proper procedures not only keeps your workplace safe, it also protects you legally when disciplinary action is required.
The Role of Reliable Equipment
Even the best policy can fail if the equipment you use is inaccurate or unreliable. Investing in AS 3547:2019-certified breathalysers and high-quality drug test kits is essential. Andatech’s range of industrial breathalysers and drug test kits are designed for workplace use, providing dependable results that stand up to legal scrutiny.
Paired with regular calibration, these devices ensure your testing program remains accurate and compliant. Having a documented calibration schedule also strengthens your position in the event of a dispute.
Conclusion
A workplace drug and alcohol program is only as strong as its weakest link. By aligning your policy with WHS requirements, following Australian Standards, confirming results through accredited labs, respecting privacy, and keeping your devices calibrated, you can create a program that is fair, defensible, and effective.
A well-run program not only keeps impaired workers out of harm’s way but also demonstrates that you, as an employer, take your duty of care seriously, something regulators, courts, and employees all value.
Want to be confident your testing program is legally compliant and ready for scrutiny? Contact Andatech for a free policy consultation and explore our range of certified breathalysers, drug test kits, and calibration services.
