Drug and alcohol impairment are among the leading causes of workplace injury, fatalities and absenteeism. Like most western countries, New Zealand companies implement drug and alcohol testing at their workplace to ensure business run safely and productively.
The employer must work collaboratively with their employees to prevent and mitigate the risk of drug and alcohol use in the workplace instead of focusing on reactive punishment.
Are companies legally obligated to perform workplace drug and alcohol testing?
No. An employer may only require their employees to test their workers if it was stipulated in the employment contract/agreement.
Although companies are bound by law to ensure they offer a safe place for their workers to conduct work, they’re not legally obligated to test them for drug and alcohol impairment. However, it goes without saying that employers should provide the highest level of care and protection for all employees.
Pre-employment drug and alcohol testing
In high-risk workplaces, such as commercial construction sites or where heavy machinery is operated, employers might opt to run drug and alcohol tests for candidates before offering them a position.
This can achieve two things; it communicates to all potential employees that the company takes drug and alcohol impairment in the workplace seriously and ensures the candidates they move through the interview process have safe attitudes towards their work.
If you wish to perform pre-employment tests on candidates in New Zealand, then stating it clearly in the job description means they’re fully aware of what to expect when the time comes.
What occupations are usually targeted for drug and alcohol testing?
Industries that are more likely to conduct drug and alcohol testing in New Zealand workplaces are those that are high-risk or in safety-critical workplaces.
· Health care and medical
· Transportation
· Manufacturing
· Construction
· Defence
· Education
· Private security
Things to consider before drug and alcohol testing your New Zealand employees:
Safety: if a drug and alcohol test could identify the impairment of an employee, which would then result in significant risk mitigation by eliminating that employee from the workplace and subsequent injury, then regular drug and alcohol testing may be suited.
Rights: It’s important to consider the rights of all New Zealand employees, as outlined in the Privacy Act 2020, the Human Rights Act 1993(external link) and the New Zealand Bill of Rights Act 1990, to ensure such testing does not infringe upon their rights.
Mutual agreement: if policies were developed, explained in detail, and agreed upon by the employee upon signing their employment contract, then it’s reasonable to request drug and alcohol testing. However, the language you use around this policy must be carefully considered with the help of your legal team. You can find a draft clause in the employment agreement builder for New Zealand here.
Before requiring a drug and alcohol test from your employee, you might consider how fair a request it is.
- Does the request adhere to the drug and alcohol policy outlined in your worker’s employment contract?
- Do you have reason to believe the employee was impaired at work? I.e. were they or someone else injured due to their perceived negligence?
- Do they have a history of behaving negligently?
What happens if a drug and alcohol test results in a positive reading?
You must adhere to the guidelines stipulated in the relevant policy and in the employee’s employment contract if a drug and alcohol test returns a positive reading.
This process will involve discussing the results with your employee in a private environment and may involve requesting a retest to ensure the initial reading was accurate.
Even though a positive test doesn’t mean an employee was noticeably impaired at work or that their behaviour has risked the safety of those around them, it gives the employer tangible evidence that the employee is guilty of misconduct.
It’s up to the discretion of the employer if they wish to terminate the employment of the worker upon receiving a positive result.
Types of drug and alcohol testing
Standard drug and alcohol tests will screen for common drugs like methamphetamine, cannabis, cocaine, opiates, heroin and alcohol.
There are various procedures for workplace drug testing in New Zealand, from the most commonly used method of urine (can trace drugs and alcohol for up to 24 hours) and saliva (detects drug and alcohol use within 12 hours) to hair (detects certain drugs for up to 90 days). A common test for alcohol use, standard breath testing can detect alcohol for up to 24 hours.
What organisations conduct workplace drug and alcohol testing in New Zealand?
There are many reputable third-party organisations that can facilitate safe and secure drug and alcohol testing in your New Zealand workplace, should the need arise.
- Drug Testing Services in New Zealand specialises in workplace testing, namely urine screening, breath testing and hair follicle testing.
- Resultz is another leading provider of workplace testing in New Zealand, offering saliva tests, hair strand tests, urine drug tests and alcohol breath testing.
- ESR’s laboratories provide extensive urine testing services for the New Zealand police force, customs and immigration and many other organisations.
Unfortunately, in many cases, employee testing is the only reliable solution to minimising the risks associated with drug and alcohol-related injury in New Zealand workplaces.
