Drug Testing at Work: What Are Your Rights as an Employee?

Drug testing in the workplace is a sensitive topic and it can feel invasive if you’re not sure where you stand. While employers in New Zealand can carry out drug testing in certain situations, they must follow strict rules, and employees have rights that can’t be ignored.

Drug testing isn’t something an employer can do at random or without a valid reason. Generally, it’s allowed in the following situations:

Safety-sensitive roles: If your job involves operating machinery, driving, or other safety-critical work, drug testing may be part of your employment conditions.

Pre-employment testing: Employers can include drug testing as part of the hiring process, especially for safety-sensitive roles.

Post-incident testing: If there’s been a workplace accident or a near miss, an employer might require testing as part of the investigation.

Reasonable cause: If there’s a genuine belief - based on specific behaviour or signs - that an employee may be under the influence.

It also must be clearly set out in your employment agreement or workplace policies. If it’s not written down, your employer could be on shaky ground.

Even if drug testing is part of workplace policy, you still have to give your consent before being tested. That said, refusing a test when it’s part of a lawful policy could lead to disciplinary action but you can’t be forced to undergo a test on the spot without your agreement. Before giving consent, you can (and should) ask:

• What kind of test is being used (urine, saliva, hair)?

• Who is conducting the test?

• How will the results be used and stored?

Your employer must take reasonable steps to protect your privacy. This includes conducting tests in a private, respectful manner, keeping test results confidential and limiting access to your results to only those who need to know.  Drug testing shouldn’t be used as a way to embarrass or intimidate employees. If you feel that your dignity or privacy has been breached, you may have grounds for a complaint.

If you return a positive result, your employer must follow a fair process. That means:

• giving you a chance to explain the result (e.g. prescribed medication),

• considering whether the result actually impacts your ability to do your job, and

• taking appropriate steps before making any disciplinary decisions.

Dismissal should never be the first step. Your employer must show that they’ve investigated thoroughly and considered all the facts.

If you believe that drug testing in your workplace is being misused, or the process was flawed, you may be able to raise a personal grievance. So if you’re concerned about how drug testing is being handled at your workplace, or you’ve been asked to take a test and you’re not sure what your rights are, get in touch with an expert.  mathewswalker.co.nz | 0800 612 355

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