A parliamentary question seeks clarification on the Labor Government's support for employers who stand down employees refusing drug/alcohol testing and face subsequent strike action. The government emphasizes workplace-specific policies, consultation, and the role of industrial tribunals.

AnsweredQoN 1283Legislative Assembly
Asked
19 March 2003
Portfolio
Consumer and Employment Protection

QuestionView source ↗

(b) what support will the Labor Government give to an employer who stands down an employee because they refuse drug or alcohol testing, prior to using heavy or dangerous machinery ; and (c) will the State Labor Government support an employer who becomes subject to strike action as a result of such a stand down?
(c) will the State Labor Government support an employer who becomes subject to strike action as a result of such a stand down?
(a) Alcohol and drug testing is a matter to be dealt with in a specific workplace. The Government expects that employers implementing a policy relating to drug and alcohol testing in a workplace would have consulted with employees and unions, and that procedures would have been installed to ensure fairness in dealing with situations where tests of employees prove positive. A guidance note issued by the WorkSafe Western Australia Commission provides valuable information in this regard. (b) & (c) Industrial tribunals are the appropriate forums for dealing with these issues. Employers acting as described in (a) above, should be confident of a positive outcome from a matter referred to an industrial tribunal for conciliation or arbitration. It is not the role of the Government to arbitrate in specific disputes.
The Government expects that employers implementing a policy relating to drug and alcohol testing in a workplace would have consulted with employees and unions, and that procedures would have been installed to ensure fairness in dealing with situations where tests of employees prove positive. A guidance note issued by the WorkSafe Western Australia Commission provides valuable information in this regard. (b) & (c) Industrial tribunals are the appropriate forums for dealing with these issues. Employers acting as described in (a) above, should be confident of a positive outcome from a matter referred to an industrial tribunal for conciliation or arbitration. It is not the role of the Government to arbitrate in specific disputes.
A guidance note issued by the WorkSafe Western Australia Commission provides valuable information in this regard. (b) & (c) Industrial tribunals are the appropriate forums for dealing with these issues. Employers acting as described in (a) above, should be confident of a positive outcome from a matter referred to an industrial tribunal for conciliation or arbitration. It is not the role of the Government to arbitrate in specific disputes.
(b) & (c) Industrial tribunals are the appropriate forums for dealing with these issues. Employers acting as described in (a) above, should be confident of a positive outcome from a matter referred to an industrial tribunal for conciliation or arbitration. It is not the role of the Government to arbitrate in specific disputes.

AnswerView source ↗

Answered
1 April 2003
Responded by
Minister for Consumer and Employment Protection
Response time
13 days
The Department of Consumer and Employment Protection provides the following response:
(a) Alcohol and drug testing is a matter to be dealt with in a specific workplace.
The Government expects that employers implementing a policy relating to drug and alcohol testing in a workplace would have consulted with employees and unions, and that procedures would have been installed to ensure fairness in dealing with situations where tests of employees prove positive.
A guidance note issued by the WorkSafe Western Australia Commission provides valuable information in this regard.
(b) & (c) Industrial tribunals are the appropriate forums for dealing with these issues. Employers acting as described in (a) above, should be confident of a positive outcome from a matter referred to an industrial tribunal for conciliation or arbitration. It is not the role of the Government to arbitrate in specific disputes.

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