Transcript Document

IMPORTANT MESSAGE
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From:
Date:
AIDAT
20 October 2012
To:
Cc:
Australian Workplaces
Industries, Unions and WHS Regulators
Re:
DRUG TESTING HARMONISATION
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DISCLAIMER: Although this presentation is made in support of Safe Work Australia Week, it is not authorised
by Safe Work Australia and does not represent any official or other views of Safe Work Australia, who may not
endorse, adopt, confirm, guarantee or approve of any material or representations in this AIDAT presentation.
Drug Testing Today®
Roadmap to
Uniform
Drug Testing
Standards
By
Sylvest Larsen
Safety Ambassador
Safe Work Australia Week
© Copyright 2012 AIDAT ® Drug Testing Today ®
Australasian Institute of Drug & Alcohol Testing Inc.
All rights reserved.
Drug Testing Laws
without Flaws
All Testing
All Workplaces, All Roadsides
All States, All Territories
All Australians
Same
Standards
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Trends
State
FED
Rail
Bus
Ferry
Road
2013*
VIC
2004
TAS
2005
SA
2006
NSW
2006
QLD
2007
WA
2007
NT
2008
ACT
2010
?
Urine
Oral
Air
FWA
L.Gov.
2008
2012
2012
* The Australasian Railway Association will set up a new single National Rail Safety Regulator in January 2013,
which will replace the seven state-based regulators in Australia. NRSR will replace 46 pieces of state, territory and
national legislation related to railway safety, bringing national, consistent and uniform (drug testing) regulations.
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Milestones
1988-2008
 1988: Ronald Reagan introduces urine based mandatory
drug testing in federal workplaces for illicit drugs
 1995: Standards Australia introduces AS 4308 urine
drug testing for illicit and prescription drugs
 2004: Victoria is the first state to introduce random
roadside oral fluid drug testing for illicit drugs
 2006: Introduction of AS 4760 - the world’s first oral
fluid based drug testing standard for illicit drugs
 2008: Civil Aviation Safety Authority (CASA) introduces
AS 4760 based mandatory testing for illicit drugs
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Milestones
2009-2012
 2009: AIRC Full Bench: urine to be replaced with oral fluid
when AS 4760 accredited laboratories are available
 2009: The first laboratory is NATA accredited to AS 4760
oral fluid (for screening and confirmatory testing)
 2010: ACT is last, and Australia first country, to adopt
random roadside, AS 4760 based, drug testing
 2012: The first oral fluid based on-site/rapid drug test
is NATA certified to AS 4760 (screening testing)
 2012: FWA Full Bench declares AS 4308 urine testing to
be replaced with AS 4760 oral fluid for all testing
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Key Drug Testing Rulings
 [2009] FWA 424: Random, drug & alcohol testing justified
at dangerous refinery - for safety-critical staff only
 [2009] AIRCFB 428: Urine to be replaced with oral fluid as
soon as accredited laboratories becomes available
 [2010] NSWIRC 1068: On-site, urine testing of truck drivers
justified - in the absence of accurate oral fluid tests
 [2011] FWA 8288: On-site, urine testing of coal miners ruled
more effective than current, deficient, oral fluid tests
 [2012] FWAFB 4998: Urine “unjust and unreasonable” and
to be replaced with oral fluid for all testing purposes
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Key Drug Testing Standards
Drugs
US NIDA
AS 4308
1988, Urine 1995, Urine
Workplace
Workplace
AS 4760
2006, Oral
Work/Road
Amphetamines
Benzodiazepines
Cannabis
Cocaine
Opiates
Phencyclidine
Irrelevant
Irrelevant
Conformity: All standards test for most common illicit drugs
Discrepancy: Only AS 4308 tests for BZO prescription drugs
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
[2012] FWA Full Bench 4998
Drugs
US NIDA
AS 4308
1988, Urine 1995, Urine
Workplace
Workplace
AS 4760
2006, Oral
Work/Road
Amphetamines
Benzodiazepines
Cannabis
Cocaine
Opiates
Phencyclidine
Irrelevant
Irrelevant
Progress: AS 4760 replaces AS 4308 for all testing purposes
Regress: Benzodiazepines (BZO) to be included in all testing
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Benzodiazepines (Benzos, BZO)
Benzos are a group of 30+ drugs called minor tranquillisers
prescribed to help people cope with grief or trauma, to help
calm people and relieve anxiety or to help people sleep.
●
●
●
●
Anxiety/Stress
Depression
Insomnia
Muscle Relaxation
●
●
●
●
Nervousness
Sedation
Seizures
Panic Attacks
Benzos are depressants which can cause drowsiness and
other impairments. Extended use (against medical advice)
can lead to tolerance and dependence, and BZO can also be
misused in combination with alcohol and other drugs (AOD).
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Permanent Problem
 By adding benzodiazepines (BZO) to the testing menu
you mix common prescription medicine with illicit drugs
(cannabis, cocaine, ecstasy, ice and heroin).
 “Employees shall not have to disclose any information
about prescription medication - unless and until they
have returned a confirmed positive drug test” (FWA).
With increasing popularity of on-site testing, staff testing
“positive” to BZO will be sent home in front of colleagues
(often branded as illicit drug users), before the screen test
has been confirmed and the usage/prescription validated.
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Pending Problems
 BZO is not part of current oral fluid standard (AS 4760)
 The number of BZO drugs to be included is not clarified
 No (official) cut-off levels have been set for above drugs
 No (accurate) rapid/on-site testing devices are available
 No (accredited) on-site testing providers are available
It has taken 25 years to develop an accurate on-site test for
illicit drugs, and it may well take another five years before
on-site screening becomes available for AS 4760 compliant
testing incorporating the most important benzodiazepines.
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Status
Fair Work Australia
Standards
Australia
Technology
& Industry
- are not in sync
any time soon ..
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Perspective
Drug Testing Today®
Review ∙ Refine ∙ Resolve
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Regime
Endeavour Energy
Reason
Non-Safety
-Sensitive
SafetySensitive
AS 4308
AS 4760
Urine
Oral
Pre-employment
Periodic Check-up
Random/Blanket
Suspicion/Incident
Counsel/Follow-up
Rehab/RTW
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Regime
Fair Work Australia
Non-Safety
-Sensitive
SafetySensitive
Pre-employment
+ BZO
+ BZO
Periodic Check-up
+ BZO
+ BZO
Random/Blanket
+ BZO
+ BZO
Suspicion/Incident
+ BZO
+ BZO
Counsel/Follow-up
+ BZO
+ BZO
Rehab/RTW
+ BZO
+ BZO
AS 4308
AS 4760
Illicit & BZO
Illicit Drugs
Reason
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Framework
Drug Testing Today®
Reason
Non-Safety
-Sensitive
SafetySensitive
Setting
Pre-employment
Clinic
Periodic Check-up
Clinic
Random/Blanket
Work
Suspicion/Incident
Work
Counsel/Follow-up
Work
Rehab/RTW
Clinic
Unjustified
Justified
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Options
Drug Testing Today®
Reason
Non-Safety
-Sensitive
SafetySensitive
Pre-employment
Setting
Clinic
Periodic Check-up
?
Clinic
Random/Blanket
Work
Suspicion/Incident
Work
Counsel/Follow-up
?
?
Rehab/RTW
Work
Clinic
AS 4308
AS 4760
Urine
Oral
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Code
Drug Testing Today®
Reason
Non-Safety
-Sensitive
SafetySensitive
Setting
Pre-employment
Clinic
Periodic Check-up
Clinic
Random/Blanket
Work
Suspicion/Incident
Work
Counsel/Follow-up
Work
Rehab/RTW
Clinic
AS 4308
AS 4760
Illicit & BZO
Illicit Drugs
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Demarcation
Drug Testing Today®
UNIFORM Drug
Testing MODEL
HEALTH
(Medical)
SAFETY
(Operational)
Pre-employment
Periodic, Rehab
Work, Road, Rail
Bus, Ferry, Air
Setting
Medical Facility
Work/Roadside
Domain
Private
Public
Participation
“Voluntary”
Mandatory
Notification
Announced
Unannounced
Urine
Oral Fluid
Illicit & BZO
Illicit
Days
Hours
AS 4308
AS 4760
Area
Specimen
Drug Classes
Detection Window
Standard
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Harmonisation
Drug Testing Today®
AS 4308
AS 4760
At last, two standards, relying on different specimens,
revealing different pictures, serving different purposes,
can be applied in unison - complimenting each other.
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Synchronisation
Drug Testing Today®
Clarity ∙ Simplicity
Consistency ∙ Stability
On the road
and at work
For employers
and employees
- is one small step away
which you can take today ..
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Mission
Drug Testing Today®
ESTABLISHMENT OF
Uniform Standards
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Mission
Drug Testing Today®
AKA OPERATION
“Double Standards”
© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®
Drug Testing Invitation
Drug Testing Today®
Workplaces, employer associations, trade unions
and other organisations with an interest in
Uniform Drug Testing Standards
please register here
Thank You
Drug Testing Today®
www.drugtesting.org.au
© Copyright 2012 AIDAT ® Drug Testing Today ®
Australasian Institute of Drug & Alcohol Testing Inc.
All rights reserved.