Testing the urine of workers in order to detect drug and alcohol use has been banned by the Fair Work Commission which found employees at Endeavour Energy are to be tested using saliva swabs instead.
Last week the Fair Work Commission refused Endeavour Energy's bid to urine test its 2635 employees.
The commission labelled the use of urine tests “unjust and unreasonable” in a case which could have wider implications for a range of industries, including mining.
Endeavour Energy launched the latest legal action in October last year, with the matter heard in the Fair Work Commission in December. The company was attempting to vary the original decision, which required the use of oral testing, with urine based testing.
The Electrical Trades Union said the decision confirmed two previous court rulings that found the use of urine test was unfair because it could detect drug use from days earlier, rather than more recent use that could lead to impairment at work.
ETU NSW deputy secretary Neville Betts said the decision highlighted that the role of drug and alcohol testing in the workplace should be about identifying potential impairment, rather than disciplining staff for private actions taken in their own time.
“While oral testing accurately identifies recent drug use, where an individual may be impaired in their abilities, urine tests unfairly monitor workers’ private lives by potentially showing a positive result even where a substance may have been used many days prior, in a private capacity,” Betts said.
“This is the third time the courts have ruled in favour of the ETU on this issue, despite Endeavour Energy spending hundreds of thousands of dollars in an attempt to force urine testing on their staff.
“This most recent decision absolutely cements this legal precent that has wide-ranging ramifications not only for the electricity sector, but for every industry that carries out drug and alcohol testing, in particular mining, aviation, transport and emergency services.
“In recent years drug testing of employees has become increasingly common, both in the public sector and private enterprise, which is why making sure the practice is done as fairly as possible is so important.
Endeavour Energy's chief executive Vince Graham said the ruling contradicted a 2011 decision by which found in favour of a coalmining employer's right to conduct urine testing, Newcastle Herald reported.
In that case, the commission found urine testing was more accurate.
"Mine workers and electricity workers both work in potentially dangerous conditions and yet different drug testing methods have been ordered by the [Fair Work Commission]," Graham said.
Originally posted at: http://www.miningaustralia.com.au/news/union-puts-rio-bhp-and-woodside-on-notice-about-ur
The Australian Manufacturing Workers Union has put major mining companies on notice as it fights against the use of urine tests for the detection of drugs and alcohol.
The AMWU says it is planning court challenges against miners who use urine tests to detect substances such as cannabis, cocaine, and heroin in their workers.
It claims the method is too intrusive and says urine tests are unfair because it can detect drug use from days earlier, rather than more recent use that could lead to impairment at work.
AMWU secretary Steve McCartney said union members preferred saliva testing, The West Australian reported.
"We will be taking them all on because we owe it to our membership," he said.
"You can tell Rio Tinto, Woodside and BHP (Billiton) that they can be expecting to hear from us."
The move comes after a recent ruling by the Fair Work Commission banned the use of urine tests for the detection of drugs and alcohol for workers at the NSW Government-owned electricity network company Endeavour Energy.
The commission labelled the use of urine tests “unjust and unreasonable” and ordered the company to conduct testing for substances via saliva instead.
It is believed the AMWU will use the precedent of this case in its fight.
However the Association of Mines and Metals executive director of policy, Scott Barklamb, fears a move to saliva testing could undermine safety on mine sites.
Barklamb said the Fair Work Commission should not have the right to take decisions about drug testing away from management.
"AMMA strongly believes that the only suitable people to be making decisions about which drug and alcohol testing method is best suited to maintaining a safe workplace are the people directly involved in running those workplaces," he said.
"It is not the expertise or role of an employment tribunal, or an employer association, or a union boss to make critically important operational decisions regarding the safety of someone else's employees."
An opinion piece about the role of drug testing on mine sites was met with mixed reactions by Australian Mining readers.
Some say urine testing is unfair because it can detect small amounts of substances that are no longer having an effect on the user.
“I would be pissed off if they could sack me for being drunk 3 days ago,” one reader said.
“I don't really care about what people do in their own time. If they're not affected when they turn up to work, that's all that matters to me. I don't condone drug use or excessive alcohol consumption, but I also don't think that your employer should have a say in your activities outside of work,” another stated.
However others were not so forgiving, stating that even a small amount of residual drugs in a person’s system had the potential to cause impairments at work.
“Do what you want on your time, but drugs last in your system for a reason, and the impairment can last a while.” One Facebook commentator said.
“Instant dismissal no verbal warning no written warnings on ya bike my livelihood & safety far outweighs some drugged up lunatic,” another argued.
How can I pass a drug test for Weed/Marijuana? March 16 2014
Unfortunately for many, the consequences of small actions can cause dire repercussions. Smoking just once can render your urine positive for THC cannabinoids for up to 7 days depending on your metabolism. Play around with our THC Calculator for a better idea of detection times depending on frequency of use and metabolism.
A positive drug test at your workplace can: cause your to lose your job, be issued a formal warning, be sent home without pay until you can prove you are clean, and is generally an awkward situation which most people want to try an avoid. So can you pass a drug test for marijuana? Depending on the situation… Yes it is possible.
Situation 1: You know you will be tested
Situation 2: Random Drug test
In Situation 1, you know you have a drug test coming up. The best thing you can do is to abstain from ingesting any THC products from the date you become aware you have a test. Depending on how long you have been smoking, THC can be detected over the AS4308 cut off levels of 50ng/ml for up to 2 months. On average the Chronic smoker will be clean after 3 weeks but this time length greatly deviates depending on the individual.
Why abstain? Because the staff at Pass My Drug Test care for your future and not our sales results. More than likely, a pre-planned drug test is usually for a new job pre-medical. There is nothing more stressful than wondering if you passed your drug test. Not having to worry about planning for your drug test will allow you to focus your energy on getting that job.
What do I do if I didn’t abstain or if my test is within the detectable period? Don’t worry, use our THC Calculator to help you choose the appropriate product.
There are a few products which should come up.
- Monkey Dong Package with Synthetic Urine / Synthetic urine only if female
- Cleansing programs (Varied lengths)
- Ultra Mask + Stat! Flush Package
- Ultra Mask
The Monkey Dong package is fairly self-explanatory, this would be suggested if you are required to pass the test with high toxicity (THC Cannabinoids). The Monkey Dong Package includes a fake Penis (if you are male) and Synthetic Urine.
The Cleansing programs have been written and designed by the staff at Pass My Drug Test after years of research. These programs include daily supplements and also dietary and exercise tips which will help your body naturally detox the detectable toxins out. The programs also include products to further aid in passing your drug test for the day. The intent of the program is to reduce the toxin concentration over the course of the program so that on the day of the test, your urine should be close to passing (if not already clear). Consuming the test day products will further increase probability of a negative result (passing your drug test).
The Ultra Mask (Also labelled B-Clear) and Stat! Flush are intended to be used for mild toxic levels. For high toxic levels we would always recommend finishing one of our programs prior to use or simply using the Monkey Dong and Synthetic Urine package. This product helps you pass your drug test by a simple dilution method. By consuming this product and following the instructions, effectively you are hydrating your body so that when you need to urinate at the test, your urine sample has become diluted such that your toxin levels actually show less than the actual toxin levels should be.
Can I just drink water before my test and pass instead of using these products? Yes you can, however most tests also test for adulterants. Most commonly colour and specific gravity. By urinating a completely clear liquid and having a very low SG in your sample, questions will more than likely arise. It is entirely possible to consume the right amount of vitamin B, sugars and salts however it’s typically more reliable to use these formulated products (Ultra Mask and Stat! Flush) over anecdotal mixing ratios.
For Situation 2: Random Drug test: You need to evaluate whether smoking marijuana while having a job with RDT (Random Drug Test) is a good idea. If quitting is not an option (marijuana or the job) then this is a difficult situation as you need to prepare with most products prior to your test.
Synthetic Urine is your best bet, as with the short notice of a random drug test you can’t really drink an Ultra Mask in the middle of your workplace. The only thing you need to ensure is that your Synthetic Urine is at or around 37 Degrees Celsius. Portable hand warmers may be a solution however will end being costly over time. Investing in an electric baby food and milk warmer could potentially be a solution for keeping urine around a certain temperature, but it depends on your current workspace and how many questions will be asked about your personal baby food and milk warmer… and no baby.
In summary it’s always best to abstain from any drugs prior to a drug test, but as life is not always perfect there are always options.
Usually people apply various methods for Drug Detection Times for the specific identification of drugs through urine and saliva testing. Consumed drug substances often stay in your system for a significant period of time, even after you have stopped using. Lab technicians know how to trace Drug Detection Time considering various factors as important as:
- Drug frequency
- Body mass
- Metabolic rate
- Quality of drug
- Health, age & sex
Drug Detection Time varies from drug to drug because of its quality and consumed quantity. For example; Drug Detection Times for these drugs are:
- 2-4 days for opiate, heroin, codeine and morphine
- 3-5 days for Methamphetamine
- 7-14 days for PCP (sing abuse)
- 30 days duration for chronic PCP abuse
Tracing duration of THC is roundabout 2-7 days but it is only for the single consumption of this drug. Sensitivity of drugs also contributes for the exact detection of drug abusing duration.
If you are conscious of your drug screening results and are unsure of detection times, there is always the option of removing drug substances by using guaranteed Drug Detox Products. These products ensure complete detox simultaneously boosting up your confidence for upcoming drug screening tests. Everyone can perform urine drug screening test at home after consuming Drug Detox Products to be sure of the results. Ensure to visit our shop to see our entire range.
Passing drug tests is a regular stress in many peoples day to day lives; especially those working in the mining and other industries where tests are commonplace. Often employees feel their ability to complete their duties is not effected by having a good time in their time away from work. Your time is, after all, your time.
There are a number of detox programs you may rely on in order to pass drugs tests and ensure the financial wellbeing of yourself and your dependents. Not sure what you need ? Feel free to use our calculator to determine your own personal circumstances. Otherwise, browse our shopfront to see what’s out there! Pass My Drug Test has scoured the earth to bring you the very best in detox products.