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Private Lives v Saving Lives

Privacy Intrusions and When Drug Testing in Australia

National Law Review 19 May 2015

There has been a long running battle in Australia about whether an employer, when testing for drug use, can ask employees to provide a urine sample. Many unions have resisted the introduction of urine testing, arguing that saliva testing is sufficient and, as such, the process of sampling urine is an unjustified invasion of privacy. Employers, however, want to have both methods available, arguing that saliva testing has recognised limitations.

Last month, the Fair Work Commission (Commission) sided with an employer by granting them the right to perform both saliva and urine testing on its employees for drug use.
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