Australian Mine Safety Journal is digital publication on mining industry

A recent decision by the Fair Work Commission to not reinstate a worker after he was sacked for taking Nurofen Plus on the job has shone a light on the need for employee compliance with direction, effective and concise drug and alcohol policies and reasonableness when it comes to over the counter medications In the case of Guorgi vs Transdev, Transdev alleged that Mr Guorgi, a Compliance Co-ordinator, failed to notify Transdev that he was taking Nurofen Plus, failed to report the use by not providing a medication declaration form to his Manager and failed to comply with the Drug and Alcohol Testing Procedure in relation to a saliva test. Additionally, Transdev considered that Mr Guorgi failed to appreciate the seriousness of these allegations or to acknowledge any error was of particular concern given his role of Compliance Coordinator. He was terminated on the basis of a breach of the Transdev Queensland drug and alcohol policy Mr Guorgi’s case to the Fair Work...

New laws requiring organisations to protect whistleblowers and implement whistleblowing policies have passed through the Australian Government and is expected to come into effect on 1 July. On 19 February 2019, the House of Representatives passed the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 . The Bill is due to receive royal assent and commence operation 1st July 2019. Professor A J Brown, Professor of Public Policy and Law at Griffith University, has highlighted a few key aspects of changes. Professor Brown said that legal protections do not only kick in after a whistleblower starts to experience reprisals.  Only taking action on reprisals after the event is like giving a band-aid to an amputee – by the time compensation rights are triggered, it is usually too late. All public and large proprietary companies are required to have whistleblowing policies which spell out how they will “support and protect” those who speak up...