Under New Zealand law, both employers and employees have a duty to ensure their workplace is safe.
An employer should provide employees with the highest level of protection from risks, as is reasonably practicable. Dangerous behaviour resulting from alcohol or other drug use is a risk. Employees also have a duty to take reasonable care for their own and others' safety. They must comply with any reasonable policy or procedure relating to health and safety, including a policy on alcohol and drugs.
Workplace safety can be improved, and impairment can be more effectively monitored, through good personnel management and being aware of signs and symptoms, while also introducing a proactive, supportive culture around recognising and reporting risks.
The Ministry of Business, Innovation and Employment’s Employment Agreement Builder could help you to implement a drug testing strategy into your employment agreement.
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