"Most people don't necessarily want to take medication when they go to work, but it's sometimes a necessity. If they have to do that they have a right to be treated with dignity and with respect, and to have their particular situation accommodated reasonably in a workplace."
So says David Ettershank MP, Legalise Cannabis Party Upper House member in the Victorian Parliament.
Forms of medicinal cannabis are frequently used by workers diagnosed with a range of health issues like anxiety and chronic pain. Workers are being subject to workplace drug testing, which is leading to them being disciplined for taking medication. In many cases, the traces of this medication remains identifiable long after any form of impairment.
Should employers have full discretion on drug testing?
There is not much regulation around what drug testing an employer can require their employees to participate in (except for specific laws requiring drug testing in prescribed industries like transport and mining).
Legalise Cannabis says that's a problem.
"The WorkSafe advice on cannabis in the workplace actually pre-dated the introduction of medicinal cannabis by five years. So it was brought in in 2014 when all cannabis was obviously illicit."
"So we had people being found with trace elements, minuscule amounts of THC in their system who were working at desk jobs. You know, clearly, there was no risk to either that person or anyone else. And yet these people were being subjected to disciplinary actions, suspensions, workplace harassment, and in some cases, dismissal."
"Certainly, there was a lot of people whose careers were severely scarred, including a lot of, frontline workers, in police, ambulance, fire and other services."
How can workers' rights be protected?
Workers in union are the best judges of what controls are most appropriate for their workplace. Legislation should not supersede a workplace’s drug testing policies contained in an Enterprise Agreement negotiated with union members.
One year after the Committee of Inquiry report into workplace drug testing was handed down, Legalise Cannabis is moving a motion in the Upper House to encourage the Victorian Government to address the issue.
They are seeking:
- amendments to the Occupational Health and Safety Act to reflect a health-based approach to drug and alcohol policy
- the establishment of a compliance code for workplace drug testing, regulating what drug testing is reasonable in workplaces
- amendments to the Equal Opportunity Act to prevent discrimination against a person with a disability on the basis of their medical treatment.
Protecting our privacy
Beyond updating laws to allow for use of medicinal cannabis use, there is also the question of whether drug tests at work are an invasion of privacy.
Employers should not have complete oversight over the recreational activities of their employees except where their performance at work directly impacts the safety of other workers or the community. When a worker is off the clock, they should not be subject to the threat of oversight and job loss.
Likewise, workers with a disability, injury or chronic health conditions should face no further obligation to report their condition or treatments, as this is a violation of their personal privacy.
The surveillance and collection of workers medical history by employers is an unnecessary violation of our private lives. Unless a worker’s medical condition or treatment options fundamentally impact their ability to perform their jobs, they should not have to disclose to their employer sensitive details about their health.