CASE LAW

NSW Industrial Relations Commission (NSWIRComm) upholds transport company's right to conduct on-site based urine drug tests of truck drivers, as there are accredited products and providers available for on-site based urine testing, but not (yet) for on-site based oral fluid testing. [2010] NSWIRComm 1068

[2009] AIRCFB 428 Australian Industrial Relations Commission (AIRC) Full Bench affirms that oral fluid drug testing is to replace urine drug testing at Shell refinery - when laboratories have been NATA accredited to the oral fluid drug testing standard and the standard incorporates Benzodiazepines - as oral fluid testing is less intrusive and more impairment orientated. [2008] AIRC 510               

Fair Work Australia (FWA) approves random drug and alcohol testing - for safety-critical employees only - at Caltex refinery, given the dangerous environment and potentially catastrophic consequences of an incident or accident. FWA emphasises however that this decision is not an automatic entitlement for other employers. [2009] FWA 424

LINKS & RESOURCES

ACCREDITATION

We now have NATA accredited laboratories to the AS 4760 oral fluid drug testing standard in Sydney (Australian Racing Forensic Laboratory), Brisbane (Queensland Health), Melbourne (Racing Analytical Services) and Perth (ChemCentre). The standard is scheduled for revision this year with incorporation of Benzodiazepines at the top of the agenda. There are still no oral fluid accreditations for on-site testing, but a few urine-based on-site testing kits and providers (including Medvet, Healthscope and Douglass Hanly Moir) have been accredited to AS 4308. To protect your employees, and to ensure your program can withstand a legal challenge, your workplace should always employ accredited products and providers. See complete listing.
 

SETTING THE STANDARD

The Drug and Alcohol Management Plan (DAMP) from Civil Aviation Safety Authority (CASA) is Australia’s most advanced workplace program. Being the first government authority to employ oral fluid drug testing, CASA is establishing Medical Review Officer (MRO) competencies, training Alcohol & Other Drugs (AOD) supervisors, developing education and response programs, performing audits and providing videos, tips for cutting down and FAQ's. See DAMP program and policy template.

DAMP organisations (being or servicing airports or airlines) do not have to perform random testing and only have to test employees performing safety sensitive aviation activities (SSAA). For a bullet proof oral fluid drug testing program, you must have an accredited laboratory to perform both the initial, screening test and the confirmatory test, as there are still no accredited on-site testing products or providers. To supplement the laboratories, some collecting agencies have obtained accreditation for the collection and dispatch of oral fluid samples (Fit4Duty, Frontline and Medvet).
 

ORAL TESTING DEVICES

For 25 years, saliva and oral fluid based drug tests, capable of detecting the most common recreational drugs on-site, have been “showing promise”. But so far, the Food and Drug Administration (FDA) in the USA (being the world's leading accreditation authority for medical devices) has not cleared or approved any such device. You can make your own search by filling in the "Device Name" you wish to check here: 510(k) Database
 

In Australia, the National Association of Testing Authorities (NATA) is the body accrediting laboratories and other testing facilities to the Australian Standards 4308 (urine) and 4760 (oral fluid). And to this date, no oral fluid based drug testing provider has qualified for on-site testing (as no one has been able to produce an on-site testing device that meets the verification criteria). Regardless, in order to advance their testing kits and devices, some providers are using this bold selling point: “Complies with AS 4760:2006”. Making claims, yet to be proven, is not in line with the AANA Code of Ethics.