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FWC orders employee to pay the company for fake Drug Test

Toll awarded $18,000 from drug-test faking employee by Victoria Bruce HC Online Logistics giant Toll Holdings has scored a win from the Fair Work Commission as a former employee has been ordered to pay the company $18,000 after falsifying drug test results to support an unfair dismissal claim. The commissioner ordered the former Toll Holdings employee, who was fired in June 2015 after a positive drug test, to pay the company $18,000 in compensation, AFR reported. The employee had tested positive for amphetamine and methamphetamine in his system after a workplace drug test, yet before his dismissal the worker told Toll urine sample tested by a doctor had showed up negative to the drugs. But at subsequent proceedings to hear the worker's unfair dismissal claim, the doctor gave evidence that the test had been "manipulated", and the original test showed the former employee had tested positive.   Read the full article here. Comment: It

DRUGS, ALCOHOL & THE WORKPLACE

Good article by Fay Calderone Partner DIBBSBARKER Fast Fact Alcohol and other drugs cost Australian workplaces an estimated $6bn per year in lost productivity. Recent research has estimated that 2.5 million days are lost annually due to alcohol and other drug use. Persons Conducting Business or Undertaking (PCBUs) have an onerous duty to ensure, so far as is reasonably practicable, the health and safety of workers and others in their workplace under WHS laws. This includes the provision of a safe work environment, information, instruction, training and supervision in relation to WHS that extends to being under the influence of drugs or alcohol at work. Workers also have an obligation under WHS laws to protect their own health safety and that of others in the workplace. As such, showing up to work under the influence may be a breach by the worker of their WHS obligations as it is of the PCBU that failed to prevent it. It is also considered "serious miscond

Drug Driving Advice On Australian Roads

Hazy Drug Driving Advice On Australian Roads                                   HuffPost Australia  |  By Eoin Blackwel Very interesting article by Eoin Blackwell as follows: If you’re a little dazed and confused about Random Drug Testing on Australia's roadsides, it’s probably not just because of what you’re smoking. RDTs are being rolled out across the country at an increasing rate, with as many as 200,000 drivers to be tested in Victoria and 100,000 in NSW by 2017. Prompted by a recent NSW court case, where a Lismore man was acquitted after being pinged nine days after having cannabis , The Huffington Post Australia decided to investigate the state of play in each state. Cannabis is, af

Caught drug-driving nine days after smoking cannabis

Acquittal of man caught drug-driving nine days after smoking cannabis throws NSW drug laws into doubt By the News National Reporting Team's Lorna Knowles and Alison Branley New South Wales's roadside drug testing laws have been thrown into doubt after a magistrate acquitted a man who tested positive for cannabis he had smoked nine days before he was pulled over. Key points: Man waited nine days after smoking cannabis before he got behind the wheel THC was detected in his saliva and he was charged He had earlier been told by police to wait at least a week before driving The Greens say the judgement leaves the drug testing laws in disarray Lismore magistrate David Heilpern yesterday found Joseph Ross Carrall not guilty of driving with an illicit drug in his blood because he mistakenly believed that he would no longer test positive to the drug. Mr Carrall was pulled over for random drug tests in May and June last year. When he was tested in May

Methamphetamine ‘Ice’ and the Workplace

‘Ice’ is crystal methamphetamine, a form of methamphetamine (d-methamphetamine) Why do people take methamphetamine?  Methamphetamine use (including ice) increases levels of serotonin, a neurotransmitter that regulates sleep, mood and appetite. Its use results in feelings of intense euphoria, exhilaration and increased arousal and activity. This can result in the user feeling alert, energised, talkative, happy, confident and powerful. The effect of any drugs, including methamphetamine, can have a significant impact on workplace health, safety, relationships and productivity. Methamphetamine use can impact on the workplace in several ways. ·          Some people may use methamphetamine while at work because they feel it improves their ability to work. For example, shift workers, hospitality staff or long haul drivers may use it to help them stay awake and concentrate for long periods of time. In reality, it affects the way a person sees the world and how they react t

Master Builders Australia welcomes phased approach to enforcement of drug & alcohol fitness for work amendments

The new fitness for work amendments under the Building Code 2013 will commence on Friday, 16 October. Master Builders Australia welcomes the phased approach to implementing the drug and alcohol fitness for work amendments for the building and construction industry under the Building Code 2013. The new fitness for work amendments under the Building Code 2013 will commence on Friday, 16 October. This will require contractors to have a comprehensive policy for managing drug and alcohol issues in the workplace which includes mandatory drug and alcohol testing on Commonwealth funded projects. Fair Work Building and Construction will be responsible for monitoring compliance and will have a three stage approach to auditing the drug and alcohol testing requirements. FWBC will initially help industry understand the implications of the policy through education. The second stage will consist of audits with a view to providing feedback on their compliance with the requirements

Compulsory drug and alcohol testing to be introduced on building sites

New drug and alcohol tests for building sites In an attempt to improve workplace safety standards on construction sites, the Federal Government has announced plans to introduce compulsory drug and alcohol testing on building sites. Mr Abetz on Friday introduced amendments to the Building Code to improve workplace safety standards on construction sites. Fair Work Building and Construction will be responsible for auditing contractors to ensure they have a fitness for work policy in place within 28 days. "It is essential that workers on construction sites do not present a risk to themselves, their co-workers, and the public by having drugs and alcohol in their systems," Senator Abetz said. "Safety is a paramount consideration on construction sites. It is simply an unacceptable risk to the health and safety of employees and the public to have workers affected by drugs or alcohol on construction sites." For further information and to access th