Safety more important than privacy in high risk industries

In a decision released by the Full Bench of the Fair Work Commission this week (Construction, Forestry, Mining and Energy Union – Construction and General Division v Port Kembla Coal Terminal Limited [2015] FWCFB 4075), the last word was had on the argument between the CFMEU and Port Kembla Coal Terminal Ltd with regard to the employer's intention to introduce mixed and random drug testing in the workplace. The decision will hearten employers in high risk industries.

In July 2014, after consultation with the Union, the employer announced that it would be introducing the Alcohol and Other Drug Standard, requiring employees to undertake random urine and saliva tests to ensure they were free of drugs and alcohol at work. The Union filed a dispute in the Fair Work Commission claiming the use of urine tests illegitimately interfered with the privacy of workers and identified historical drug use that didn't affect an employee's work capacity on the day.