Victorian Report Highlights Need for Updated Workplace Drug Testing Policies
"Workplace drug testing policies produced by WorkSafe have not been updated in Victoria for 17 years, they were drawn up almost a decade before doctors could prescribe medicinal cannabis here,"
A Victorian parliamentary inquiry has revealed that employees prescribed medicinal cannabis are facing job losses and disciplinary action due to outdated workplace drug testing policies. The report, released on August 27, calls for urgent amendments to protect workers who are legally using prescribed medicinal cannabis.
Legalise Cannabis MP David Ettershank emphasized the need for government policies to keep pace with medical advancements.
"Workplace drug testing policies produced by WorkSafe have not been updated in Victoria for 17 years, they were drawn up almost a decade before doctors could prescribe medicinal cannabis here,"
Key findings from the inquiry include:
- Workers across various sectors have faced dismissal or disciplinary action despite not being impaired by medicinal cannabis.
- Current testing methods can detect cannabinoids long after the effects have worn off, leading to unfair treatment of medicinal cannabis patients.
- The Equal Opportunity Act 2010 needs amendment to protect patients' rights to access prescribed medication.
Legalise Cannabis MP Rayne Payne stressed the importance of recognizing access to medication as a fundamental human right.
"It's distressing to think that medicinal cannabis patients are being tested and dismissed because cannabinoids – unlike alcohol – show up on drug tests hours, even weeks after any effects of the medication have worn off,"
The inquiry heard testimony from workers, unions, and employers. One worker reported being dismissed despite informing their employer about their medicinal cannabis prescription, stating,
"I was dismissed at the end of the day due to their company policy not allowing for medicinal cannabis. All other prescription medicines were acceptable."
The report recommends that drug testing should only occur when employers have a well-founded belief that a worker may be impaired, and employee supports must be in place. It also suggests that WorkSafe should investigate impairment testing technologies, such as apps that test balance and cognitive response, rather than focusing solely on the presence of THC.
Ettershank concluded,
"The current WorkSafe advice is that testing policies must be appropriate to the level of risk of the work but that's not what's happening. Workers are being sacked even though they were in no way affected or incapacitated."
As Australia's medicinal cannabis industry continues to grow, with over 1.2 million prescriptions issued nationally, this report highlights the urgent need for workplace policies to evolve alongside medical advancements and ensure fair treatment of patients using legally prescribed cannabis medications.
