Some consideration must be taken into account when a business
or organisation decides to implement drug-testing within
their policies and contracts. As stated by the Health and
Safety in Employment Act 1992 (Ministry of Business,
Innovation and Employment, 2012) employers have a duty to
have a workplace that is safe to employees and others, and
this has led to the increase of employer awareness and
drug-testing within employment.
Paul Jarvie, the Health and Safety Manager for Employers and
Manufacturers Association has estimated that drug testing
covers from 40-50% of the workforce (Collins, 2011). Many
articles on the subject will provide that not only can drug
users cause accidents or an unsafe environment but their drug
use can also hinder their productivity for the business they
work for.
Generally the criteria for drug-testing in the workplace
depends on whether the employee is indirectly or directly
involved in an accident, or "near miss", the area the
employee works in is safety sensitive, or if the employee
shows any effects of drug use. As your article states that
"laws around drug testing generally allow for pre-employment
screening", this is a reasonable request by employers as
there should be a provision in all employment agreements that
prohibit the use of drugs before and during their regular
work hours, and that drug testing will be required before the
commencement of employment.
Those who fail the test before the commencement of employment
can be given the chance to rehabilitate themselves or the
employer may decide to not hire them. Having this stipulation
before being employed can deter drug-using applicants, and as
stated by Graeme Smith, Sales and marketing manager for
Balance Agri-Nutrients, it makes employees aware drug use
would not be accepted (McPherson, 2012).
Random drug testing as mentioned in your article as
"problematic" does have the safety versus privacy issues but
employers should require employees to be subject to random
drug testing, and not just for safety sensitive areas, as
drug use impairment could cause accidents or "near misses" in
any industry. But the employer must ensure that they comply
with any provisions already laid out within existing
legislation, including the Human Rights Act 1993, the New
Zealand Bill of Rights and the Privacy Act 1993 as mentioned
by the Ministry of Business, Innovation & Employment.
Michael Cranford (Beauchamp & Bowie, 2004) believed that
employers could test employees for drug use as it didn't
violate the employees privacy rights boundaries set in a
contract.
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