A new Victorian report into workplace drug testing has found that employees prescribed medicinal cannabis have routinely lost their job or faced disciplinary action just for taking a legal medication – and the law must be amended to protect them. 

Legalise Cannabis MP Rachel Payne said the report, stemming from a parliamentary inquiry by the Legal and Social Issues Committee, highlighted the need for government to keep up with medical advancements. 

Workplace drug testing policies produced by WorkSafe have not been updated in Victoria for 17 years, they were drawn up almost a decade before doctors could prescribe medicinal cannabis.  

More than 1.2 million prescriptions for medicinal cannabis have been issued in Australia since 2017 to help people suffering a range of debilitating conditions, such as chronic pain, cancer and multiple sclerosis. 

Access to medication is a fundamental human right 

Ms Payne said being able to take a medication to treat an ongoing medical condition was a fundamental human right and must be recognised in law, meaning the Equal Opportunity Act 2010 needs to be amended to protect this right. 

“It’s distressing to think that medicinal cannabis patients are being tested and dismissed from work because cannabinoids – unlike alcohol – show up on drug tests hours, even weeks after any effects of the medication have worn off,” she said. 

“It is critical that both government and workplace policies reflect contemporary, health-led approaches to occupational health and safety.

“The inquiry heard that workers in a diverse range of sectors have been sacked or disciplined even though they were not affected or impaired by medicinal cannabis, they just had tiny traces of cannabinoid chemicals in their system.” 

The committee heard evidence from workers, unions and businesses, and released their report on Tuesday [August 27]. 

Legalise Cannabis MP David Ettershank said several industries had mandatory workplace drug testing, including mining, transport, maritime, aviation and police, other workplaces can adopt policies that require workers to be tested to keep their jobs. 

Mr Ettershank said the report recommends that drug testing should only occur when employers have a well-founded belief that a worker may be impaired, and there must be employee supports in place.  

“If drug testing is required, it must be done in a manner that is respectful,” he said.  

“The current WorkSafe advice is that testing policies must be appropriate to the level of risk of the work but that’s not what’s happening. Workers are being sacked even though they were in no way affected or incapacitated.” 

The words of workers unfairly treated 

The committee heard that one employee informed his employer he was a medicinal cannabis patient ahead of a workplace drug test. 

“I was dismissed at the end of the day due to their company policy not allowing for medicinal cannabis. All other prescription medicines were acceptable,” he said. 

Health and Community Services Union officer Stephanie Thuesen said voluntary disclosure was an ‘extremely courageous’ act considering the consequences employees could face. 

Another worker told the committee, “If I do not consume my medicine, for fear of retribution at the workplace, then I am less capable of completely and accurately performing and completing my work. The employer has a lack of understanding.” 

Employers don’t realise medicinal cannabis is safe 

Ms Payne said employers, who do not realise that medicinal cannabis is a safe and effective medication, were effectively forcing workers to instead shift to strong opiates and barbiturates, often not screened for in workplace tests. 

“Workplace drug testing aims to protect workers from risk but in truth, bad testing policies can have the opposite effect by influencing workers to take more intoxicating drugs,” she said. 

“Employers need to stop focussing on presence of the chemical THC and instead think about impairment. A recommendation of the Inquiry is that WorkSafe should investigate impairment testing technologies like apps that test balance and cognitive response. 

“WorkSafe must develop a comprehensive alcohol and other drugs compliance code for businesses so that employee and employers are protected.” 

Resources

> Inquiry into Workplace Drug Testing in Victoria – Rachel Payne
> Workplace Drug Testing Inquiry – Rachel Payne