{"version":1,"type":"rich","provider_name":"Libsyn","provider_url":"https:\/\/www.libsyn.com","height":90,"width":600,"title":"Employment Relations Podcast \u2013 Safety in the workplace: drug and alcohol testing and policies","description":"January is a time where organisations often review their policies and procedures for best practice compliance.&amp;nbsp; One policy that might need a review, following recent case law developments, is your organisation\u2019s drug and alcohol policy.&amp;nbsp; In this episode of Employment Law for the Time Poor, Emily Haar, Partner, and Maida Mujkic, Associate, consider the implications for organisations arising from a string of 2024 and 2025 decisions in the Fair Work Commission.&amp;nbsp; In these cases, the issue of whether a dismissal following a positive substance test was \u201cunfair\u201d turned on how testing policies were worded, whether the organisation tested for \u201cimpairment\u201d or a mere positive result, and how the relevant policy was communicated to staff.&amp;nbsp; Having a very clear policy that sets out the rules is important, but if no one in the organisation understands what is expected of them, or how the employer will deal with a positive result, the organisation is placed at significant risk.&amp;nbsp; The situation becomes even more complicated because prescription medications, including medicinal cannabis, can also create potential safety risks in the workplace.&amp;nbsp; Taking the time to get your safety framework right, including regular reviews to address changes, will be time well spent. The following cases are discussed in this episode:   Gauci v DP World Brisbane Pty Limited  [2024] FWC 2351  Woodgate v Queensland Rail  [2024] FWC 3165  Sydney Trains v Goodsell  [2024] FWCFB 401  Mills v Glamorgan Spring Bay Council  [2025] FWC 116  Sydney International Container Terminals Pty Ltd v Hancock  [2025] FWCFB 106  DP World Sydney Limited v Witherden  [2025] FWCFB 133  For more on these issues, including relating to consultation, see our earlier Insight here:  https:\/\/piperalderman.com.au\/insight\/lessons-for-employers-how-failure-to-consult-on-workplace-policy-led-to-reinstatement-of-intoxicated-worker\/ ","author_name":"Employment Law for the Time Poor","author_url":"https:\/\/www.piperalderman.com.au","html":"<iframe title=\"Libsyn Player\" style=\"border: none\" src=\"\/\/html5-player.libsyn.com\/embed\/episode\/id\/39725345\/height\/90\/theme\/custom\/thumbnail\/yes\/direction\/forward\/render-playlist\/no\/custom-color\/a9263d\/\" height=\"90\" width=\"600\" scrolling=\"no\"  allowfullscreen webkitallowfullscreen mozallowfullscreen oallowfullscreen msallowfullscreen><\/iframe>","thumbnail_url":"https:\/\/assets.libsyn.com\/secure\/content\/197480450"}