important message ---------------------------------------- from: aidat date: 20 october 2012 to:...

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IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators Re: D R U G T E S T I N G H A R M O N I S A T I O N ---------------------------------------------------------------------- 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.

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Page 1: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

IMPORTANT MESSAGE----------------------------------------

From: AIDATDate: 20 October 2012

To: Australian WorkplacesCc: Industries, Unions and WHS Regulators

Re: D R U G T E S T I N G H A R M O N I S A T I O

N ----------------------------------------------------------------------

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.

Page 2: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

UniformDrug Testing

Standards

© Copyright 2012 AIDAT ® Drug Testing Today ®Australasian Institute of Drug & Alcohol Testing Inc.

All rights reserved.

Roadmap to

Drug Testing Today®

By

Sylvest LarsenSafety Ambassador

Safe Work Australia Week

Page 3: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Lawswithout Flaws

All TestingAll Workplaces, All Roadsides

All States, All TerritoriesAll Australians

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Same Standards

Page 4: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Trends

State Rail Bus Ferry Road Air FWA L.Gov.

FED 2013* 2008 2012

VIC 2004

TAS 2005

SA 2006

NSW 2006 2012

QLD 2007

WA 2007

NT 2008

ACT 2010

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

* 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.

? Urine Oral

Page 5: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

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. ®

Page 6: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

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. ®

Page 7: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

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. ®

Page 8: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Key Drug Testing Standards

DrugsUS NIDA

1988, UrineWorkplace

AS 43081995, UrineWorkplace

AS 47602006, OralWork/Road

Amphetamines

Benzodiazepines

Cannabis

Cocaine

Opiates

Phencyclidine Irrelevant Irrelevant

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Conformity: All standards test for most common illicit drugs Discrepancy: Only AS 4308 tests for BZO prescription drugs

Page 9: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

[2012] FWA Full Bench 4998

DrugsUS NIDA

1988, UrineWorkplace

AS 43081995, UrineWorkplace

AS 47602006, OralWork/Road

Amphetamines

Benzodiazepines

Cannabis

Cocaine

Opiates

Phencyclidine Irrelevant Irrelevant

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Progress: AS 4760 replaces AS 4308 for all testing purposes Regress: Benzodiazepines (BZO) to be included in all testing

Page 10: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

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 ● Nervousness ● Depression ● Sedation ● Insomnia ● Seizures ● Muscle Relaxation ● 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. ®

Page 11: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

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 testhas been confirmed and the usage/prescription validated.

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Page 12: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

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 forillicit drugs, and it may well take another five years beforeon-site screening becomes available for AS 4760 complianttesting incorporating the most important benzodiazepines.

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Page 13: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Status

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Fair Work Australia

Standards Technology Australia & Industry

- are not in sync any time soon ..

Page 14: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Drug Testing Today®

Drug Testing Perspective

Review ∙ Refine ∙ Resolve

Page 15: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Regime

ReasonNon-Safety-Sensitive

Safety-Sensitive

Pre-employment

Periodic Check-up

Random/Blanket

Suspicion/Incident

Counsel/Follow-up

Rehab/RTW

AS 4308 AS 4760

Urine Oral

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Endeavour Energy

Page 16: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Regime

ReasonNon-Safety-Sensitive

Safety-Sensitive

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

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Fair Work Australia

Page 17: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Framework

ReasonNon-Safety-Sensitive

Safety-Sensitive Setting

Pre-employment Clinic

Periodic Check-up Clinic

Random/Blanket Work

Suspicion/Incident Work

Counsel/Follow-up Work

Rehab/RTW Clinic

Unjustified

Justified

Drug Testing Today®

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Page 18: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Options

ReasonNon-Safety-Sensitive

Safety-Sensitive 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

Urine Oral

Drug Testing Today®

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Page 19: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Code

ReasonNon-Safety-Sensitive

Safety-Sensitive 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

Drug Testing Today®

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Page 20: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Demarcation

UNIFORM Drug Testing MODEL

HEALTH(Medical)

SAFETY(Operational)

Area Pre-employmentPeriodic, Rehab

Work, Road, RailBus, Ferry, Air

Setting Medical Facility Work/Roadside

Domain Private Public

Participation “Voluntary” Mandatory

Notification Announced Unannounced

Specimen Urine Oral Fluid

Drug Classes Illicit & BZO Illicit

Detection Window Days Hours

Standard AS 4308 AS 4760

Drug Testing Today®

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Page 21: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

At last, two standards, relying on different specimens,revealing different pictures, serving different purposes,can be applied in unison - complimenting each other.

AS 4308 AS 4760

Drug Testing Today®

Drug Testing Harmonisation

Page 22: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

On the road For employers and at work and employees

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Drug Testing Today®

Drug Testing Synchronisation

- is one small step away

Clarity ∙ Simplicity Consistency ∙ Stability

which you can take today ..

Page 23: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Mission

ESTABLISHMENT OF

Uniform Standards

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Drug Testing Today®

Page 24: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Drug Testing Mission

AKA OPERATION

“Double Standards”

© Copyright 2012 AIDAT ® Drug Testing Today ® Australasian Institute of Drug & Alcohol Testing Inc. ®

Drug Testing Today®

Page 25: IMPORTANT MESSAGE ---------------------------------------- From: AIDAT Date: 20 October 2012 To: Australian Workplaces Cc: Industries, Unions and WHS Regulators

Workplaces, employer associations, trade unionsand other organisations with an interest in

Uniform Drug Testing Standards

Thank You

© Copyright 2012 AIDAT ® Drug Testing Today ®Australasian Institute of Drug & Alcohol Testing Inc.

All rights reserved.

Drug Testing Today®

www.drugtesting.org.au

Drug Testing Today®

Drug Testing Invitation

please register here