The purpose of this Inquiry is to investigate the legislative and regulatory framework for workplace drug testing, including the treatment of prescription medicinal cannabis compared to other prescription medications. The Committee aimed to understand whether the framework can be improved and whether current workplace drug testing laws and procedures are discriminatory.

Key findings 

• The current workplace drug testing approach focuses on drug presence. The methods used do not test for impairment.
• Employees may consider prescription medication such as benzodiazepines and opioids a safer option than medicinal cannabis, despite the fact they may cause greater impairment and be more addictive.
• Alcohol and other drugs policies vary because they depend on the workplace and the nature of work in each workplace. However, the absence of specific guidance from WorkSafe on some issues – including medicinal cannabis – has resulted in uncertainty and therefore inconsistencies in the approach taken by different workplaces.

Key recommendations

• The Victorian Government support the principle that in non‑mandated industries, drug testing should only occur where employers have a well‑founded belief that an employee may be impaired at work and should only then occur in the context of a comprehensive policy and support framework.
• The Victorian Government amend the Occupational Health and Safety Act 2004 and/or regulations to state key principles around alcohol and other drugs testing, including prescription medication.
• The Victorian Government amend the definition of discrimination in Section 7 of the Equal Opportunity Act 2010 to clarify that where a person uses prescription medication this is a characteristic that a person with that disability generally has.
• WorkSafe update its advice on alcohol and other drugs policies with information on medicinal cannabis, in particular that it should be considered in the same way as all medications that cause impairment. 
• WorkSafe investigate impairment testing methodologies.