UNIONS WORRIED ABOUT AIR NZ DRUG TESTS

Auckland: 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
New Zealand 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.

Chief Judge Tom Goddard and Judges Barrie Travis and Graeme Colgan decided
that in areas where the effects of drugs could have catastrophic effects,
safety overrode an employee's expectation of privacy.

Air New Zealand chief executive Ralph Norris said he was pleased with the
judgement 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.

The three judges 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.

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

However, he said Air New Zealand 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
testing.

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

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

The court said the decision applied only to the particular circumstances of
Air New Zealand 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 would be "unlawful" unless their circumstances, such as
collection methods, mirrored those of Air New Zealand.

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