The legalisation of medicinal cannabis has been a significant advancement for patients in need of alternative therapies. It has created some extra food for thought for employers though, who must now strike a delicate balance between maintaining workplace safety and respecting the rights of employees when it comes to prescription medicines.
The recent introduction of the Land Transport (Drug Driving) Amendment Act 2025 to allow police to conduct roadside oral fluid testing for drugs has sparked another dimension. At a simple level drivers can now be prohibited from driving for 12 hours as a starting point if they fail a roadside drug test, even if that is because of prescription medicines.
We looked at this potential outcome as part of a recent case where an employee of a client had tested positive for THC after being prescribed medicinal cannabis. In this case the employees reading for THC was as high as we had seen the same week from a regular marijuana user. The employee had no idea that this testing outcome was a possibility or that they could be at risk / create risk simply by driving. They were relying on the fact that it was a doctor that had issued the prescription and the information in the letter that was provided.
Interestingly, the letter from prescribing clinic included that a recommendation to not drive if the employee felt impaired, and that this should resolve within 8 – 10 hours. There was no reference to possible legal ramifications from failing a roadside drug test, or consideration for the employee’s duties which in this case did involve operating heavy machinery and driving duties. It did recommend the employee discuss their prescription with the employer which they had initially overlooked.
This example shows the potential for conflicting advice between medical recommendations for prescription medicines and workplace safety obligations, along with the AS/NZ standards for drug testing thresholds. Considerations as employers you could be factoring in the mix in response are;
- Foster Open Communication: Remind employees of the importance of disclosing prescription medicines that could create a risk of impairment and affect their work, particularly in safety-sensitive roles.
- Review Policies and Procedures: Ensure that your drug and alcohol and vehicle policies are up-to-date and are being reviewed at least bi-annually to keep pace with new legislation, practices, and issues.
- Assess and Adjust Work Arrangements: In cases where employees are prescribed medications that could create risks to safety, consider whether any duties might need to be altered and what information might be needed to help with that,
If you need help with checking if your policies are up to date or for responding to a disclosure about prescription medicines that could create a risk of impairment get in touch with us.