The law and your workplace: transport
Given Australia’s transport sector employs over 640,000 people across the country, safety isn’t optional. It’s part of the law, professional standards and everyday workplace practice. Whether your organisation involves heavy vehicle operations, passenger transport or freight logistics, ensuring workers are fit for duty is a legal obligation, not just a best practice.
‘Everyone who works with heavy vehicles – from the business that employs a driver or owns a vehicle, to the business that sends or receives goods, is accountable for the safety of the heavy vehicle, its driver, and its load throughout the journey.’
Why does drug testing matter in transport?
One study shows ‘a prevalence of overall drug consumption of 27.6%…’ among truck drivers.
Drug testing in transport plays a vital role in meeting the above obligations and protecting workers, the public and your reputation. In industries where impairment could cause harm, such as mining, healthcare, transport, manufacturing or construction, drug and alcohol testing programs act as both a deterrent and a safety control.
It goes without saying that transport workplaces carry inherent risks. Drivers, operators and safety-critical staff are responsible not only for their own safety but also for the safety of passengers, pedestrians and other road users. Substance use can impair judgment, reaction times and coordination, increasing the risk of accidents and serious incidents.
Implementing a robust drug testing transport program helps businesses:
- detect and deter drug and alcohol use that may compromise safety
- support compliance with workplace health and safety laws
- reinforce a culture of responsibility and professionalism
- reduce the likelihood of costly accidents, fines and legal claims.
What the law says about drug testing in transport
Whilst alcohol and drug testing in the broader transport industry isn’t necessarily mandatory driving under the influence can pose serious health and safety risks.
Under Australian workplace health and safety laws, employers must ensure, so far as is reasonably practicable, that workers are not exposed to risks to their health and safety. This includes managing the risks associated with drug or alcohol impairment.
Transport Victoria states, ‘Drivers are, however, subject to other companies’ testing policies when on their premises.’
Transport businesses are generally required to assess and manage risks relevant to their operations. This can include:
- developing clear drug and alcohol policies that outline expectations, testing protocols and consequences
- conducting risk assessments to identify safety-critical roles where drug testing transport workers is appropriate
- engaging with workers, safety representatives and unions when implementing testing programs
- ensuring policies are applied fairly, transparently and consistently.
Some transport subsectors, such as rail, have specific statutory requirements. For example, under the Rail Safety National Law, rail operators must implement a drug and alcohol management program that includes testing and reporting obligations to the regulator.
It states, ‘A rail transport operator must prepare and implement a drug and alcohol management program for rail safety workers who carry out rail safety work in relation to railway operations in respect of which the operator is required to be accredited that complies with the prescribed requirements relating to drug and alcohol management programs.
Maximum penalty:
(a) in the case of an individual—$50 000;
(b) in the case of a body corporate—$500 000.’
There is also the National Standard for Health Assessment of Rail Safety Workers which helps people in the industry apply a reliable risk management process.
Types of testing for transport
A transport workplace can include several types of drug testing programs depending on risk and operational needs, such as:
- pre-employment testing to ensure new hires are not using substances that could affect safety
- random testing to deter use and maintain a drug-free culture
- post-incident testing following a crash or near miss
- for-cause testing when reasonable suspicion exists.
Each of these approaches helps your business manage safety risks while demonstrating a commitment to compliance and worker wellbeing.
AusHealth as your guide
At AusHealth, we partner with transport organisations across Australia to deliver compliant, confidential and industry-aligned drug and alcohol testing services. Our experienced team supports you to:
- Develop or review drug and alcohol policies
- Conduct testing onsite or at your facility
- Interpret results with professionalism and discretion
- Embed testing within your broader safety management system.