The CFMEU says it has reversed its opposition to workplace drug tests because of the growing use of methamphetamines and the erratic behaviour of addicts. Meanwhile, a business leader says "inconsistent" FWC decisions on drug testing show that the Fair Work Act should be harmonised with safety laws.
An employer was entitled to sack a worker for deliberately disobeying its zero-tolerance drug and alcohol policy, even though there was no evidence his drug-taking caused a safety incident, a full Federal Court has confirmed.
The Federal Court has ordered a tribunal to reconsider whether an injured worker's employment contributed to his substance abuse "to a material degree".
A special Safe Work Australia report has found that while almost all construction employers take steps to identify and remove hazards, nearly one in three workers feel their conditions prevent them from working safely, and many believe that substance abuse is one of the "main possible causes" of injury.
Introducing or changing drug and alcohol policies that include testing regimes create both opportunities and challenges for employers, which must consider consultation, privacy and a host of other matters throughout the process, an international law firm says.
A worker's claim that she failed a drug test because her drink was spiked during her roster break was scientifically implausible, a commissioner has found, but he commended her employer for properly investigating the issue before sacking her.
A recent full Federal Court decision confirms that an employee's poor performance or misconduct cannot be excused automatically by a medical condition, according to law firm Herbert Smith Freehills.
A study on the link between excessive work hours, alcohol abuse and injuries shows employees shouldn't work more than 48 hours a week, including overtime, European researchers say.
