Vigilance still needed on workplace drug impairment - Paul Jarvie, EMA

A report shows THC, the active ingredient in cannabis, was the most common drug found in workplace tests.

Paul Jarvie is manager of employment relations and safety, at the Employers and Manufacturers Association (EMA).

• While currently low, drug use in the workplace must be watched closely.
• The latest Imperans Report shows 4.55% of workplace drug tests were positive, with cannabis being the most common.
• Employers must proactively manage risks, update drug policies, and ensure staff understand the dangers of impairment.

OPINION

The number of workers impaired by drug use in New Zealand is relatively low, but employers cannot afford to become complacent.

The latest Imperans Report from The Drug Detection Agency (TDDA) offers important insights into the ongoing risks posed by substance use in the workplace, and vigilance is needed to maintain safe working environments.

The inaugural quarterly report, which analysed data from drug testing conducted between July 1 and September 30, 2024, showed that 4.55% of workplace drug tests came back positive.

The report revealed that the most commonly detected substance was THC, the active ingredient in cannabis, accounting for 72.9% of positive tests. Other substances included amphetamine-type drugs (34.2%), opioids (12.9%), and smaller amounts of benzodiazepines, cocaine and alcohol.

A positive drug test indicates a similar level of impairment as a failed blood-alcohol test and that person would be legally unable to drive.

These findings highlight a critical issue for employers, as substances like cannabis and methamphetamine can have a profound impact on safety by impairing co-ordination, reaction times and judgement.

It’s essential for employers to stay ahead of the curve by regularly reviewing and updating their drug policies and ensuring that all staff understand the risks associated with workplace impairment.

The Imperans Report fills a crucial information gap not currently addressed by agencies like WorkSafe and ACC.

While these organisations track workplace accidents, they do not provide details on whether substances were involved. This lack of data has left employers with little guidance on how to manage and mitigate the risks associated with drug impairment in the workplace.

The findings on cannabis use are particularly concerning, as cannabis is often associated with slower reaction times and impaired motor skills.

In safety-sensitive industries, such as transport, construction, and manufacturing, which makes up a large proportion of the EMA membership, employees under the influence of cannabis or methamphetamine can create serious safety hazards.

Employers must recognise that drugs like cannabis and methamphetamine can severely impair an employee’s ability to perform their job safely, whether that’s operating heavy machinery, driving vehicles, or making critical decisions in high-risk environments.

The data also revealed an uptick in opioid use, accounting for nearly 13% of positive drug tests. Opioids, often prescribed for pain management, can cause drowsiness, reduced alertness, and impaired cognitive function.

This is a growing concern. Employers need to be proactive in addressing the potential risks posed by prescription painkillers, which might not be immediately recognised as impairing substances.

One of the most important takeaways from the report is the ongoing need for proactive risk management.

TDDA’s analysis is based on a variety of tests, including pre-employment, post-incident and random screenings, which were aggregated from across New Zealand and Australia.

This comprehensive approach allows businesses to anticipate potential risks before they escalate into serious issues. For example, the report found that random testing is essential in identifying impairment before incidents occur, particularly in safety-sensitive environments.

However, introducing drug testing is not a decision to be taken lightly. It’s an important tool, but it must be part of a broader strategy that includes comprehensive policies, staff education, and clear communication.

The key is not to react impulsively, but to develop a systematic approach that aligns with the business’ health and safety goals.

To ensure that drug-testing policies are effective, businesses must integrate them into their employment agreements and consult with their employees and union representatives.

As outlined in some key court cases, employers must ensure that their policies are lawful, reasonable, and compliant with employee rights.

You must assess the extent of drug use in your workplace by gathering relevant data, such as accident records, attendance, and productivity, before implementing a drug-testing policy.

Knee-jerk reactions can lead to problems, both legally and in terms of employee relations.

Testing is usually undertaken in pre-employment screening, following an incident or accident, where there is “reasonable cause to suspect” drug use, and randomly, which is usually a feature of drug-testing policy for a highly safety sensitive workplace.

The EMA and other employer organisations have extensive policies on drug-testing, making them a condition in employment agreements, and drug and alcohol policies at functions.

The Imperans Report emphasises the need for continuous adaptation of drug and alcohol policies to reflect evolving trends.

With substances like synthetic drugs becoming a growing concern, businesses must stay informed and adjust their strategies accordingly.

As a part of their ongoing commitment to workplace safety, employers should also ensure their drug policies cover emerging substances, such as synthetic cannabinoids.

This is an area that is rapidly changing, and businesses need to be prepared.

Ultimately, the responsibility to protect the safety and wellbeing of workers remains with employers.

This report serves as a reminder that while drug impairment in the workplace is currently low, it’s a risk that can’t be ignored. Vigilance, clear policies, and regular updates are critical to maintaining a safe and healthy work environment.