In a decision highlighting the importance of consistent zero tolerance drug and alcohol policies and disciplinary processes, a major employer has been ordered to reinstate a worker who tested positive for cannabis.
A worker suffered a mental injury from being bullied and called racist names at work, but his condition ceased to be employment-related when his work-aggravated drug abuse syndrome became his "predominant problem", a tribunal has found.
A worker sacked for falling asleep on a high-risk job has unsuccessfully argued that his cough medicine made him drowsy and his dismissal was unfair. Meanwhile, the CSIRO has been fined $7,500 for taking adverse action against an injured worker through the actions of a senior HSE manager.
A worker's dismissal for failing a random alcohol test was unfair because his employer's policies allowed for less severe disciplinary actions, even in cases of serious safety-related misconduct, a commission has found.
> WHS regulator issues Christmas party warning and safety alert; > New WHS Code of Practice introduced in Qld; > Safety inspectors' powers increase with passing of OPGGS Bill; > Journey claims restored by NSW private member's Bill; and > New WorkSafe Vic chief and chair announced.
Head contractors on Commonwealth-funded projects cannot satisfy the requirement to conduct a minimum number of random drug and alcohol tests each month by counting pre-employment or for-cause tests, a fitness-for-work audit program has highlighted.