AIR NZ WINS RIGHT TO DRUG TEST STAFF

The Employment Court has given Air New Zealand the right to drug test
its workers in a landmark case that has unions worried other
industries will follow suit.

However, the court ruled out random testing across the board, saying
Air NZ could not justify random testing of workers in positions where
safety was not critical and there had been nothing to indicate drugs
had been taken.

Air NZ chief executive Ralph Norris said he was pleased with the
judgment which allowed the company to test for drugs after an accident
or near accident, or if it had cause to believe an employee's
dangerous behaviour was due to drugs.

Chief Judge Tom Goddard and Judges Barrie Travis and Graeme Colgan
also said it was reasonable to test employees being transferred into
positions where safety was a factor and for random testing of those
working in "safety sensitive" areas.

They acknowledged there was a "natural and understandable reluctance"
from some employees to provide urine specimens for drug testing.
However, employers had duties under the Health and Safety in
Employment Act and in areas where safety was a concern, drug testing
was reasonable and a good deterrent.

In areas where the effects of drugs could have catastrophic effects,
safety overrode an employee's expectation of privacy, the court said.

Engineering, Printing and Manufacturing Union national secretary
Andrew Little said he was disappointed the court had not ruled out
random testing altogether. The union would consider an appeal.

However, he said Air NZ had gone to considerable lengths to address
many of the union's concerns when amending its initial policy.

The case is the first comprehensive decision on workplace drug testing
in New Zealand and has been closely watched by other industries
interested in drug testing.

Forest Owners Association chief executive Rob McLagan said his group
was awaiting the judgment on Air NZ before looking seriously at
extending its pre-employment testing to just cause and random testing.

However, unions have warned they would keep a close eye on industries
taking the decision as a green light for testing.

The court said the decision applied only to the circumstances of Air
NZ and its workers, adding few other companies were of the same scale
or in the same specialised field.

Council of Trade Unions president Ross Wilson said it meant other
companies' policies were "unlawful" unless their circumstances, such
as collection methods, mirrored those of Air NZ.

He said urgent legislation was needed to spell out legal rights and
responsibilities for other industries.

The court's decision had also said it seemed "unsatisfactory" in an
emerging area of law that there was no legislation to put limits on
the power to drug test or safeguards on the ways the results could be
used.

Mr Little said employers need to be aware that in order to introduce
any drugs-testing system extensive consultation with the workforce was
needed. What was right for a particular company or industry would
depend on the circumstances.

The case arose after Air NZ announced plans to broaden its programme
from pre-employment drug testing to include its 10,000 strong
workforce, including random testing. Six unions argued the testing
breached privacy, was against the Human Rights Act and Bill of Rights
Act, and showed a lack of trust in employees.

What is allowed

* Random tests of workers in "safety-sensitive areas".

* No random testing of other workers.

* Tests of any worker suspected of taking drugs whose behaviour is or
could be harmful.

* Tests of any workers involved in an accident or near-miss.

* Tests before employment.