Access to medication while working is a fundamental human right for people with a disability. 

A new report into workplace drug testing in Victoria has recommended that the right to take medication to manage a disability be embedded in law. 

The report found that people prescribed medicinal cannabis have lost their jobs or faced disciplinary action just for taking this legal medication 

Legalise Cannabis MP Rachel MP said the new report, stemming from a parliamentary committee inquiry, highlighted the need for the government to keep up with medical advancements. 

“Workplace drug testing policies produced by WorkSafe have not been updated in Victoria for 17 years, they were drawn up almost a decade before doctors could prescribe medicinal cannabis,” she said.   

“We really need to get with the times because more than 1.5 million prescriptions for medicinal cannabis have been issued nationally to help people suffering a range of debilitating conditions, such as multiple sclerosis, epilepsy, chronic pain, and cancer.” 

According to Rachel, it is critical that both government and workplace policies reflect contemporary, health-led approaches to occupational health and safety.  

“The inquiry heard that workers in a diverse range of sectors have been sacked or disciplined even though they were not affected or impaired by medicinal cannabis, they just had tiny traces of cannabinoid chemicals in their system.” 

Payne highlighted that being able to take medication to better manage a disability or ongoing condition was a fundamental human right and must be recognised in law, meaning Victoria’s Equal Opportunity Act 2010 needs to be amended to protect this right.  

“It’s distressing to think that medicinal cannabis patients are being tested and dismissed because cannabinoids – unlike alcohol – show up on drug tests hours, even weeks after any effects of the medication have worn off,” she said.  

The committee heard that one employee informed his employer he was a medicinal cannabis patient ahead of a workplace drug test.  

“I was dismissed at the end of the day due to their company policy not allowing for medicinal cannabis. All other prescription medicines were acceptable,” he said.  

Health and Community Services Union officer Stephanie Thuesen said voluntary disclosure was an ‘extremely courageous’ act considering the consequences employees could face.  

Another worker told the committee, “If I do not consume my medicine, for fear of retribution at the workplace, then I am less capable of completely and accurately performing and completing my work. The employer has a lack of understanding.”  

Payne highlighted that employers, who do not realise that medicinal cannabis is a safe and effective medication, were effectively forcing workers to instead shift to strong opiates and barbiturates, often not screened for in workplace tests.  

“Workplace drug testing aims to protect workers from risk but in truth, bad testing policies can have the opposite effect by influencing workers to take more intoxicating drugs,” she said.  

“Employers need to stop focussing on presence of the chemical THC and instead think about impairment. A recommendation of the Inquiry is that WorkSafe should investigate impairment testing technologies like apps that test balance and cognitive response.  

“WorkSafe must develop a comprehensive alcohol and other drugs compliance code for businesses so that employee and employers are protected.”  

Legalise Cannabis MP David Ettershank said several industries had mandatory workplace drug testing, including mining, transport, maritime, aviation and police, other workplaces can adopt policies that require workers to be tested to keep their jobs.  

Ettershank highlighted that the report recommends that drug testing should only occur when employers have a well-founded belief that a worker may be impaired, and there must be employee support in place.   

“If drug testing is required, it must be done in a manner that is respectful,” he said.   

“The current WorkSafe advice is that testing policies must be appropriate to the level of risk of the work but that’s not what’s happening.” 

“Workers are being sacked even though they were in no way affected or incapacitated.”