Urine Drug Testing On The Way Out?

The Australian Industrial Relation Commission (AIRC) recently found that compulsory urine drug tests were "unjust and unreasonable", and that oral fluid testing should be used instead.

The case arose when Shell Refinery (the Company) recently updated its drug and alcohol policy for its Clyde Refinery and Gore Bay Terminal. The policy required random urine drug testing for certain employees who would pose a safety risk if they were under the influence of drugs or alcohol while at work.

The matter came before the AIRC for arbitration under a dispute resolution clause in a Memorandum of Understanding between the Company and the CFMEU. Normally, the decision would have been confidential, but given the importance of the issue, the parties agreed to make the decision public.