Drug and alcohol testing in healthcare: Australian laws and workplace obligations
Healthcare is the largest employing industry in Australia and approximately 16.2% of people work in the sector. Healthcare professionals work in high-stakes environments where even small errors can have life-altering consequences. Ensuring staff are fit for duty is essential, which is why drug and alcohol testing in healthcare is both a legal and ethical responsibility.
Across Australia, workplace health and safety laws require healthcare employers to manage the risks of impairment and to provide a safe environment for employees, patients and healthcare users.
National laws governing drug and alcohol testing
Requirements are shaped by the Model Work Health and Safety Act 2011 and are adopted in most Australian jurisdictions.
Under the Act, employers must ensure, so far as is reasonably practicable, that workers and others are not exposed to health and safety risks. This includes managing risks associated with drug or alcohol impairment. Employers must also consult with workers on health and safety matters and establish systems to identify, assess and control those risks.
Healthcare employers are also guided by professional standards under the Australian Health Practitioner Regulation Agency (AHPRA). Registered practitioners have a professional obligation to be fit for duty and failure to meet this requirement can result in disciplinary action, regulatory sanctions or the loss of registration.
State and territory laws
Each Australian jurisdiction enforces its own WHS legislation and codes of practice, but all share the same core duties of care. Below is a brief overview of how they apply to drug and alcohol management in healthcare.
New South Wales
Queensland
Australian Capital Territory
Tasmania
Northern Territory
These states and territories have implemented the Act with little variation. Healthcare employers are required to identify potential impairment risks and implement control measures such as drug and alcohol testing, education and workplace policies.
Victoria
Victoria operates under the Occupational Health and Safety Act 2004, which imposes a duty on employers to provide a workplace that is safe and without risks to health. This includes taking steps to prevent employees from working while under the influence of drugs or alcohol.
Western Australia
Western Australia introduced the Work Health and Safety Act 2020 aligning its framework more closely with the national model. Healthcare employers must ensure that staff do not attend work impaired and that policies are in place to manage substance-related risks.
South Australia
Under the Work Health and Safety Act 2012 (SA), all healthcare employers must maintain a safe work environment and ensure workers are not under the influence of drugs or alcohol while on duty.
SA Health’s Worker Use of Alcohol and Other Drugs Policy provides a clear example of how these obligations are implemented in the public health system in this state. The policy applies to all healthcare staff, contractors, students and volunteers. The policy prohibits the use or possession of alcohol and illicit drugs in the workplace and requires workers to be fit for duty at all times.
Why drug and alcohol testing matters in healthcare
Testing programs are an essential part of a broader safety and wellbeing framework. In healthcare, testing helps to:
- Protect patient or client safety by ensuring staff are fit for clinical duties.
- Reduce the risk of errors, accidents and patient harm.
- Demonstrate compliance with WHS and professional regulations.
- Support a culture of safety and accountability.
- Identify potential issues early and provide appropriate support or referral.
Implementing a compliant testing policy
Drug and alcohol testing in healthcare can take several forms, including pre-employment, random, post-incident, for-cause and return-to-work testing. Testing should always comply with Australian Standards such as AS/NZS 4308:2008 (urine) and AS 4760:2019 (oral fluid) to ensure accuracy and fairness.
To comply with WHS laws and best practice, healthcare organisations should:
- Develop a clear, written policy outlining testing procedures, expectations and consequences of breaches.
- Consult with staff and relevant unions when introducing or updating policies.
- Ensure testing is reasonable, confidential and non-discriminatory.
- Provide education and support programs for staff affected by substance use.
- Review and update the policy regularly to remain compliant with legal and professional standards.
- Partner with a trusted provider to conduct testing and training aligned with national standards.
A well-structured testing program is more than a compliance measure because it reinforces a culture of safety and trust and wellbeing in the workplace. In healthcare, where the impact of impairment can be life-threatening, drug and alcohol testing is a critical part of risk management and patient protection.
AusHealth partners with healthcare organisations across Australia to deliver compliant, confidential and professional testing services. Our experienced team helps hospitals, clinics and aged care facilities meet their legal obligations while fostering safe and healthy workplaces.