 | Drug Testing: Random drug testing unlawful |
 The Employment Court has banned random drug testing of all Air New Zealand workers, but given the airline the right to drug test workers in "safety-sensitive" areas reports NORML News Winter 2004.
The landmark case confirms the present situation where pre-employment, safety-related, and post-accident testing is allowed, but random testing of any worker, at any time, is not allowed.
Chief Judge Tom Goddard and Judges Barrie Travis and Graeme Colgan also said it was reasonable to test employees being transferred into positions where safety was a factor and for random testing of those working in "safety sensitive". areas. Council of Trade Unions president Ross Wilson said it meant other companies' policies were ieunlawfull. unless their circumstances, such as collection methods, mirrored those of Air NZ.
The court's decision had also said it seemed "unsatisfactory" in an emerging area of law that there was no legislation to put limits on the power to drug test or safeguards on the ways the results could be used. What is allowed: - Random tests of workers in insafety-sensitive areasli.
- Tests of any worker suspected of taking drugs whose behaviour is or could be harmful.
- Tests of any workers involved in an accident or near-miss.
- Tests before employment.
- No random testing of other workers.
|
|
|
|
| |
| Login |
|
You can register for some special extra features. | |
| Article Rating |
Average Score: 5
Votes: 5
| |
|
