Local government is one of the most diverse employment sectors in Australia. A single council may employ office-based administrative staff, outdoor maintenance crews, heavy vehicle drivers, building inspectors, childcare workers, lifeguards, and library staff — all within the same organisation and often under the same enterprise agreement.

This diversity creates a unique challenge when implementing a drug and alcohol testing program. The program must be proportionate to the risks of each role, consistent with industrial obligations, and reflective of the community expectations that come with public sector employment. Getting this balance right requires careful design and genuine consultation.

The Range of Roles

Understanding the breadth of roles within a council is the starting point for any testing program. The risk profile varies enormously across the organisation:

Higher Risk Roles

• Outdoor crews — workers who maintain roads, parks, footpaths, and stormwater infrastructure. These roles involve the operation of heavy plant, chainsaws, elevated work platforms, and work near traffic.
• Depot workers — mechanics, stores personnel, and workshop staff who work with machinery, vehicles, and hazardous materials.
• Heavy vehicle and plant operators — drivers of garbage trucks, street sweepers, water tankers, graders, and other municipal plant.
• Building and health inspectors — staff who drive extensively as part of their role and may attend construction sites or other hazardous environments.
• Lifeguards and pool staff — where impairment could directly affect the safety of members of the public.

Lower Risk Roles

• Office-based administrative staff — customer service, finance, planning, and governance roles with no safety-sensitive duties.
• Library and community centre staff — roles with low physical risk profiles.

A risk-based approach allows the council to focus its testing program on the roles where impairment poses the greatest safety risk, while still maintaining the option to test all employees as part of a comprehensive program.

Union and Enterprise Agreement Considerations

Local government is a heavily unionised sector, and most outdoor and depot workers are covered by enterprise agreements negotiated with unions such as the Australian Services Union (ASU), the Australian Workers’ Union (AWU), or the United Workers Union. These agreements may contain provisions that directly affect the implementation of a drug and alcohol testing program.

Common Industrial Provisions

• Consultation obligations — most enterprise agreements require the employer to consult with employees and their representatives before introducing significant changes to workplace procedures, including the introduction of drug testing.
• Testing procedures — some agreements specify which testing methods are acceptable, how random selections must be conducted, or what happens when a worker returns a positive result.
• Support and rehabilitation — agreements may require the employer to offer counselling, rehabilitation, or return-to-work support before any disciplinary action is taken for a first positive result.
• Privacy protections — provisions regarding how test results are stored, who has access, and how long they are retained.

Working With Unions

The most successful local government testing programs are those that are developed in genuine consultation with union representatives. Attempting to impose a testing program without consultation is likely to result in industrial disputation, grievances, and a program that lacks workforce support.

Effective consultation involves:

• Engaging with the relevant union(s) early in the program design process.
• Sharing the rationale for the program, including risk assessments and incident data.
• Being open to feedback on the design, including testing methods, selection frequency, and consequences.
• Documenting the consultation process and any agreed positions.

Community Expectations

Local government employees work in and for the community. Council workers drive heavy vehicles on local streets, maintain the parks where children play, and operate machinery in public spaces. The community has a reasonable expectation that these workers are fit for duty and not impaired by drugs or alcohol.

At the same time, local government is publicly funded. Councils must demonstrate that their testing programs represent a responsible use of ratepayer funds and are proportionate to the identified risks. An excessively broad or expensive testing program that does not align with the council’s risk profile may face scrutiny from councillors, audit committees, or the community.

This tension reinforces the case for a risk-based approach. By clearly linking the testing program to identified safety risks — and being transparent about the rationale — councils can satisfy both community safety expectations and the expectation of fiscal responsibility.

A Risk-Based Approach

A risk-based approach to drug and alcohol testing means tailoring the program to the specific risks present in the council’s operations. This involves:

Risk Assessment

Conduct a formal risk assessment that identifies the roles within the council where substance impairment poses the greatest safety risk. Consider factors such as:

• Operation of heavy vehicles, plant, or machinery.
• Use of power tools, chainsaws, or other dangerous equipment.
• Work at heights or in confined spaces.
• Driving as a primary component of the role.
• Responsibility for the safety of members of the public.
• Access to hazardous materials.

Tiered Program Design

Based on the risk assessment, consider a tiered approach:

• Tier 1 (highest risk) — outdoor crews, plant operators, heavy vehicle drivers: random testing, pre-employment testing, for-cause testing, post-incident testing.
• Tier 2 (moderate risk) — building inspectors, lifeguards, workshop staff: random testing, for-cause testing, post-incident testing.
• Tier 3 (lower risk) — office-based staff: for-cause testing only, or included in the random pool at a lower frequency.

This tiered approach directs testing resources where they will have the greatest safety impact while maintaining a consistent policy framework across the organisation.

Proportionality

Proportionality is a legal principle that requires the response to be proportionate to the risk. In the context of drug and alcohol testing, this means:

• The testing program should be reasonably necessary to manage identified safety risks — not imposed simply because other organisations do it.
• The consequences for a positive result should be proportionate to the severity of the risk and the circumstances of the case. A first-time positive result from an outdoor worker may warrant a different response than a repeat positive from a heavy vehicle driver.
• The privacy intrusion involved in testing should be justified by the safety benefit. Testing methods, frequency, and scope should all be proportionate.

The Fair Work Commission has consistently applied the concept of proportionality when assessing the reasonableness of workplace drug testing programs. A program that is clearly disproportionate to the risks is vulnerable to challenge.

Implementation Checklist for Councils

• Conduct a risk assessment across all council roles.
• Consult with unions and employee representatives.
• Develop or update the drug and alcohol policy, ensuring it addresses all testing types, consequences, support pathways, and privacy protections.
• Have the policy legally reviewed.
• Train supervisors on their responsibilities under the program.
• Communicate the program to all staff through awareness sessions and written materials.
• Implement a genuinely random selection process with an auditable trail.
• Establish secure, access-controlled record-keeping.
• Review the program annually and report outcomes to the executive and elected council.

A Fair Program for a Diverse Workforce

Local government drug and alcohol testing programs must navigate the unique combination of workforce diversity, industrial complexity, and public accountability. The key is a risk-based, proportionate approach developed through genuine consultation — a program that protects the safety of workers and the community without overreaching.

If your council is implementing or reviewing its drug and alcohol testing program, FairTest provides the tools to manage a risk-based program across your diverse workforce — from automated random selections and tiered testing pools to secure records and compliance reporting. Start your free trial today.