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Drug testing both saliva and urine can be OK in the workplace

Drug testing both saliva and urine can be OK in the workplace, says Full Bench of the Fair Work Commission


For the first time, the Full Bench of the Fair Work Commission has endorsed an employer's right to enforce a drug testing regime that incorporates both random saliva and urine testing, in an important decision which gives employers more scope to manage safety risks in the workplace (Construction, Forestry, Mining and Energy Union ‒ Construction and General Division v Port Kembla Coal Terminal Limited [2015] FWCFB 4075).
Although the Full Bench allowed the CFMEU's appeal, it still concluded that a policy that required employees to undergo both forms of testing was reasonable, given the deterrent value of the testing and its role in allowing the employer to identify and manage safety risks at the workplace.

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