Positive Drug Test? What Employees Need to Know About Workplace Rules
A recent Fair Work Commission decision confirms that returning a positive drug test can lead to dismissal – even if you’re not impaired and even if the substance was used during your days off.
The situation unfolded after another worker found drug paraphernalia and while there was no suggestion the item belonged to the dismissed employee, its discovery raised immediate concerns about possible drug use among staff. The employer arranged drug testing for all guards on site.
One employee returned a positive test for methylamphetamine, well above the company’s cut-off levels. He admitted to using methamphetamine recreationally during his time off and said he hadn’t realised it would still be in his system. But the Commission found that the employer had a clear drug and alcohol policy, which prohibited returning a positive test above certain thresholds – regardless of impairment. That alone was enough to justify the dismissal.
Key takeaways for employees:
Policy awareness is critical. Saying you didn’t know about the drug and alcohol policy won’t always help. If you signed an employment contract or attended an induction where the rules were explained, the Commission will likely find you were aware.
Off-duty use still matters. If you return to work with drugs in your system, even after a few days off, you can still be found in breach of policy. Being unimpaired isn’t necessarily the point – the presence of the substance may be enough.
Admissions can help – but don’t always save your job. Being upfront might demonstrate honesty, but if it confirms a breach of policy, it can also support the employer’s case.
Context counts – but doesn’t excuse. Even where the process is challenged or the test’s accuracy is questioned, the Commission looks at the totality of the evidence. In this case, expert toxicology evidence supported the employer’s actions.
Understand your contract. Employment agreements often define serious misconduct to include testing positive for drugs – not just being under the influence. This can justify summary dismissal.
Employees in safety-sensitive industries or roles with strict drug policies should take particular care. Positive tests are taken seriously – even if no actual impairment is proven. If your workplace has a zero-tolerance policy, the consequences can be immediate and final.
