The Construction, Forestry, Mining and Energy Union (CFMEU) has lost its bid to prevent an employer from conducting mandatory drug and alcohol tests of its employees, with the presiding judges finding that it will help the company meet its workplace health and safety obligations.

 

It seems clear enough that mandatory testing is a surer method of determining who is affected by alcohol and therefore who is at risk (of injuring himself or others) than relying on self-identification or the inclination of one worker to inform on another,” said judges Anna Katzmann and Robert Buchanan in their judgement.

 

“Every employer also owes a duty of care to its employees to take reasonable care for their safety.”

 

The CFMEU appealed an earlier decision by Fair Work Australia, which found that there was nothing in employment contracts that precluded administering random drug and alcohol tests to its employees.