VIC open door drug testing

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rob harper

Member
18 April 2017
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0
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Hello, I know it is ok for an employer to require drug testing on H&S grounds but is it legal for them to require an open stall door test ( with observer) during urine testing?
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
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889
Ballarat, Victoria
Hi Rob, I think it would be reasonable to require privacy in that case. I think you assert that right and see how you go. What you are asking for seems pretty reasonable to me. I can see why they may want an observer to ensure only legitimate samples are taken however there are limits to that consideration. Paul.
 

rob harper

Member
18 April 2017
2
0
1
Hi Paul, thank you for the reply. I am a employee representative for a stevedoring company and the issue has been raised by several members.
This open door approach has been questioned many times as it follows a national policy approach by the company in all ports.
I can understand the wish to maintain safety at work but this really seems a bit over the top to me and other workers.
We have repeatedly asked for oral swab testing to replace this practice but have been rebuffed at every turn.
The issue seems to be a lack of national code of practice regarding collection of swab samples, but I find this response less than compelling,
and certainly not grounds to require this obvious infringement to privacy rights.
Perhaps it is time to push a little harder to have the practice altered or replaced by a less invasive method.
Thanks again.