What happens if you refuse to undertake drug testing on Tasmania’s roads? What happens if you refuse drug testing in a Tasmanian workplace?
While essentially the advice, whether you’re at work or on the road, is the same, there is a potential and important difference, so let’s look at drug testing in Tasmania on our roads and in our workplaces to see what your rights are to refuse a test.
Refuse drug testing on Tasmania’s roads
The simple answer in regard to whether you can refuse roadside drug testing in Tasmania is yes. Tasmania Police, like other police forces across Australia, can’t make you undergo drug testing. However, refusing roadside drug testing is a serious offence and you’d be much better off taking the test and taking your chances.
The legislation in Tasmania that relates to breath, saliva and blood testing is very clear that the police have the power to conduct drug testing and also sets out when and how a police officer can request an alleged offender to submit to a further blood test. Refusing the drug testing is a breach of the legislation and penalties will invariably apply.
These penalties could range, for a first offence, from a fine of between $770 and $4,620, licence disqualification for between 12 and 36 months and imprisonment of 12 months. In some instances, the court may impose all three penalties – the fine, licence disqualification and imprisonment.
The penalties for having a positive roadside drug test in Tasmania are generally less than this, which is why we say you’re better off taking the test.
Refuse drug testing in a Tasmanian workplace
Just like Tasmania’s roads, you are well within your right to refuse drug testing at work.
The big question mark at work surrounds your workplace’s policy for drugs and alcohol and whether it includes a section on refusing a drug test. If your Tasmanian workplace is conducting drug testing, it’s highly likely they have a drug and alcohol policy that includes a section on what happens if someone refuses to undergo testing.
However, like on Tasmania’s roads, you are generally better off undergoing the drug testing and taking your chances. Unless your workplace has a zero tolerance for drugs and alcohol, you most likely won’t lose your job if you record a first-time positive drug test. If you’re lucky, you might even receive support and education to help you manage your drug use.
Drug testing in Tasmania
If you’d like more information about workplace drug testing in Tasmania, give Integrity Sampling a call on 1300 SALIVA. We have branches Tasmania in Hobart and Launceston and service much of the state.
Can you refuse drug testing on Tasmania’s roads and workplaces? Credit Highway Patrol Images (image modified) https://www.flickr.com/photos/special-fx/4928958222/