MORE FACE DRUG TESTS AT WORK

Workplace drug testing is becoming an increasingly common practice in
Marlborough.

More than a dozen companies in Blenheim and Picton are now screening
employees for drug and alcohol use, according to the Institute of
Environmental Science and Research (ESR).

The Employment Court has now also 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.

ESR workplace drug testing manager Shelli Turner, from Wellington, said
today 45 companies throughout the top of the South Island were testing,
with the forestry industry making up the bulk of those.

Transport and construction companies were also among those likely to use
workplace testing in the area, she said, and the numbers opting to do so
were gradually increasing.

Marlborough Road Transport Association chairman Tony Duncan said there
appeared to be a move towards such testing across the transport industry,
which he supported.

"I think it's coming that we will have to write some sort of testing
(regime) into employment contracts as there's a real move towards becoming
more safety conscious."

Mr Duncan said smaller transport companies in Marlborough were less likely
to test employees because they tended to know their staff better.

"But for larger companies who employ more staff, it is definitely a safety
issue and I believe there are some in Marlborough which do test for drug
and alcohol use now."

Marlborough Winegrowers spokesperson Stuart Smith said that while he agreed
with the Employment Court's decision, the wine industry did not currently
have a policy relating to drug and alcohol testing.

"It's one of the few sensible decisions from the Employment Court and
personally I think all employees should be subject to random testing. Best
practice would say that when you go to work you expect that person to not
be under the influence, especially those working with heavy machinery," he
said.

Safe Air general manager Jeremy Remacha said today it was too early to say
how the decision would affect the Marlborough aviation engineering company
and he had yet to discuss the issue with Air New Zealand management.

Safe Air is a subsidiary of Air New Zealand, raising the possibility the
court's decision could be extended to the Marlborough company. Safe Air
currently does not include pre-employment drug testing.

The Employment Court ruling 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.

Engineering, Printing and Manufacturing Union Marlborough-Nelson organiser
Alan Clarence said the union would hold talks with Safe Air management to
decide how the term "safety sensitive" applied to the company.

"The decision has said that where you propose to drug test any worker, the
requirement for extensive consultation is there and I guess that is a good
thing. I understand that was something that was lacking when Air New
Zealand first proposed this," Mr Clarence said.

Air New Zealand 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.

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.