Drugs and safety critical workplaces

The Fair Work Commission has consistently upheld the right of an employer engaged in a safety critical industry to enforce a policy which provides for dismissal when an employee presents for work with cannabis in his or her body. “For that reason, employer policies which provide for disciplinary action including dismissal where an employee tests positive for cannabis simpliciter may, at least in the context of safety-critical work, be adjudged to be lawful and reasonable.”  Sharp v BCS Infrastructure Support Pty Limited [2014] FWC 7310

And see also Hancock v DP World Brisbane Pty Ltd – [2022] FWC 1406 – 3 June 2022 – Spencer C