Opinion Piece: Fairness, Safety, and Independence in Workplace Drug Testing – Lessons from Queensland Rail and the Fair Work Commission

By Glenn Dobson, CEO of The Drug Detection Agency

Recent decisions from the Fair Work Commission (FWC) involving Queensland Rail (QR) reinforce the critical importance of workplace drug and alcohol testing in safety-sensitive industries. However, they also expose the risks of inconsistent application and the need for fairness in enforcement. These rulings should serve as a wake-up call to all employers: zero-tolerance policies must be underpinned by robust, fair, and independent testing programs.

Context: The FWC Rulings

Two key FWC cases involving Queensland Rail demonstrate the balancing act between policy enforcement and procedural fairness:

– In Woodgate v Queensland Rail [2024] FWC 3165, the FWC upheld the dismissal of a Protection Officer who tested positive for cocaine and committed a critical safety error. The Commission supported QR’s position, citing the safety-critical nature of the role and the validity of its zero-tolerance policy.

– Conversely, in Purves v Queensland Rail [2022] FWC 3343, dismissal was ruled harsh after a 39-year employee returned a low-level BAC of 0.025. The FWC ordered reinstatement, emphasizing that mitigating circumstances and fairness must be considered—even in zero-tolerance environments.

The Case for Independent Accredited Testing

These cases reveal more than just legal nuance—they also underscore a deeper operational imperative: the credibility and consistency of a workplace drug testing program and the application of such. A key foundation of any enforceable policy must be independent, accredited testing. This is vital for several reasons:

1. Objectivity in testing and reporting – Employers should be able to demonstrate that all testing is conducted impartially and according to industry best practices. Using an independent accredited provider ensures there is no perceived or actual bias in how tests are carried out or reported. This is especially crucial when dismissals are challenged at the FWC.
2. Chain of Custody integrity – Accredited providers follow strict chain-of-custody protocols that reduce the risk of procedural errors. This supports the defensibility of the testing process in legal and regulatory settings. For TDDA clients, they have the benefit of our own bespoke electronic reporting platform “Imperans” providing real time reporting of processes.
3. Compliance with relevant Standards – Independent suppliers accredited under AS/NZS 4308 (urine) and AS/NZS 4760 (oral fluid) operate under externally audited systems, giving employers confidence in the reliability of results and protecting against legal liability. 
4. Consistency across the organisation – Relying on internal or ad-hoc testing solutions risks inconsistency in the application of policies. Third-party providers offer standardised protocols across all worksites and all employees—critical when managing diverse teams or high-risk environments.
5. Fairness, transparency and trust – When testing is conducted by an external, professional agency, employees are more likely to trust the process. This supports a safety culture rather than one rooted in fear or mistrust.

Recommendations for Employers 

In light of the recent FWC rulings, employers—especially in safety-critical industries—should:

• Review drug and alcohol policies to ensure clarity, legal defensibility, and alignment with safety responsibilities.
• Engage an independent, accredited testing provider to manage all testing, interpretation, and documentation.
• Ensure transparent communication with employees around testing protocols, rights, and obligations.
• Treat all disciplinary action on a case-by-case basis, balancing safety concerns with principles of procedural fairness and natural justice.
• Train leadership teams on how to respond to positive tests appropriately and consistently.

Zero-tolerance policies remain a valid and often necessary tool in high-risk industries—but they are not immune from scrutiny. As the Queensland Rail cases illustrate, the Fair Work Commission expects employers to uphold fairness, consistency, and procedural correctness. To meet these expectations, workplace drug and alcohol testing must be carried out in a way that is not only rigorous but also defensible. Partnering with an independent, accredited provider is central to achieving this balance.

Organisations looking to strengthen their testing protocols, ensure compliance, and foster a culture of safety and fairness should consider seeking guidance from experts in the field. TDDA has worked alongside businesses across a wide range of industries to implement practical and legally sound drug testing frameworks that protect both people and operations.

Doing so not only protects the business legally—it protects lives, aligning any workplace with TDDA’s mission “to protect the girl on the bike”. Click here for more information.