If your business does not have a drug test program, it could be liable for drug or alcohol related incidents. In industries such as mining, railway or aviation, drug screening is of utmost importance; not only to protect your company, but to protect your employees as well in a potentially dangerous environment. In the event of a fatal drug or alcohol related incident, the preventative measures you have taken, or failed to take, could weigh on the liability that your company must assume.
According to the Mines Safety and Inspection Regulations 1995,1 workers are prohibited from being on a mine if they are under the influence of alcohol or drugs, making them a danger to other workers. Should any alcohol or drug related incident occur, the question of whether or not the site manager took all possible preventative measures will be raised. Not having a drug test program in place will hurt the company and show a possibility of negligence and this is not a position that any company wants to find itself in.
Railway workers are guilty of an offence if they test positive on a drug and alcohol test while on the job. According to the NSW Rail Safety (Drug and Alcohol Testing) Regulation 20082, an offence is committed if a worker is not tested for alcohol within three hours of being involved in any incident that has jeopardized the safety of another worker, making the company liable as well for any drug or alcohol related incidents. The maximum penalty for this in NSW is 250 penalty units which equates up to $27,500 in fines ($110 per unit) a very expensive exercise for companies or in regards to the worker the penalty for failing to take a test or failing the test is up to $2,750 fine or 9 months in prison.
Businesses that work in any industry that employs the use of heavy machinery and operates in a potentially dangerous environment should consider a pre-employment drug test program as well as ongoing onsite screening in the event of an incident.
Therefore, in order to limit the liability of your company and to protect your employees, it is a good idea to design and put a program into action that keeps the company compliant with industry regulations. Not all drug and alcohol related incidents can be prevented or foreseen, but any preventative measure that you take could save a worker’s life one day and keep your company out of the way of legal action and liability due to negligence. Protect yourself and your employees by investing in a drug test program.
For more information on how Mediscreen can help your business with onsite drug screening, please call 1300 79 70 40 or email us at admin@mediscreen.net.au .
1. http://www.austlii.edu.au/au/legis/wa/consol_reg/msair1995385/
2. http://www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+609+2008+cd+0+N