Positive Test Results: The Step-by-Step Process That Protects Both Employer and Employee

Compliance & Legal

A positive drug or alcohol test result is one of the most consequential events in the employment relationship. For the employer, it triggers a process that must be managed with precision — procedural errors at this stage can render the entire testing program’s investment worthless. For the employee, it is a moment that may affect their livelihood, their reputation, and their wellbeing.

Getting the post-positive process right is not optional. It is the mechanism by which organisations protect their workforce from impairment risk while ensuring that the affected employee is treated fairly, lawfully, and with dignity. This article sets out the step-by-step process that achieves both objectives.

Step 1: Initial Screening Result

Most workplace drug testing in Australia begins with a point-of-collection screening test — either oral fluid or urine — using an immunoassay device. When a screening test returns a non-negative result, it is critical to understand what this means and what it does not mean.

What a Non-Negative Screening Result Is

A preliminary indication that a substance may be present at or above the cut-off level specified in the relevant Australian Standard (AS/NZS 4308 for urine, AS 4760 for oral fluid).
A trigger for the next step in the process — not a final determination.

What It Is Not

A confirmed positive result.
Proof of impairment.
A basis for disciplinary action (unless your policy specifically provides for action on screening results, which carries significant legal risk).

At this stage, the employee should be informed of the non-negative screening result, advised that the specimen will be sent for confirmatory testing, and, in safety-sensitive roles, stood down from duties pending the confirmed result. The stand-down should be on full pay unless the policy or employment instrument provides otherwise.

Step 2: Confirmatory Laboratory Testing

Confirmatory testing is conducted by a NATA-accredited laboratory using gas chromatography-mass spectrometry (GC-MS) or liquid chromatography-mass spectrometry (LC-MS/MS). These methods are definitive — they identify the specific substance and its concentration with a high degree of accuracy.

The turnaround time for confirmatory testing is typically two to five business days. During this period:

The chain of custody must be maintained for the specimen.
The employee remains stood down from safety-sensitive duties (if applicable).
The employer should not take any disciplinary action or make any adverse assumptions.

If the confirmatory test is negative, the screening result is deemed a false positive. The employee should be informed immediately, returned to full duties, and the matter should be treated as closed. Any record of the initial non-negative screening should note the confirmed negative outcome.

Step 3: Notification of Confirmed Positive Result

When the laboratory confirms a positive result, the employer must notify the employee formally. This notification should be:

In writing — verbal notification should be followed by a written confirmation that sets out the confirmed result, the substance and level detected, and the next steps in the process.
Confidential — the result should be communicated only to those who need to know. Disclosure beyond the minimum necessary personnel may breach the Privacy Act 1988.
Accompanied by support information — the notification should include details of the Employee Assistance Program (EAP) and any other support services available to the employee.

Step 4: Show Cause Process

Before any disciplinary decision is made, the employee must be given an opportunity to respond. This is a fundamental requirement of procedural fairness, and its absence is one of the most common reasons that dismissals for positive test results are found to be unfair by the Fair Work Commission.

What the Show Cause Process Should Include

Written notice — a formal letter advising the employee of the confirmed positive result and inviting them to provide a written response within a defined period (typically five business days).
Right to support — the employee should be advised that they may have a support person or representative present at any meeting.
Opportunity to explain — the employee may provide information that is relevant to the decision, such as a valid prescription for the detected substance, a medical condition, or circumstances that the employer should consider.
Genuine consideration — the employer must genuinely consider the employee’s response before making a decision. A show cause process that is conducted as a formality, with the outcome predetermined, does not satisfy the requirements of procedural fairness.

Step 5: Support and Referral

A positive test result may indicate a substance use issue that warrants professional support. Employers have both a legal and ethical obligation to offer support services to affected employees.

EAP referral — refer the employee to the organisation’s Employee Assistance Program for confidential counselling and support.
Medical review — in some cases, a referral to an occupational physician may be appropriate, particularly where the detected substance may have been prescribed or where the employee raises a medical explanation.
Rehabilitation pathways — for organisations with a rehabilitation-oriented policy, this is the point at which a return-to-work agreement and monitoring plan may be discussed.

Step 6: Decision-Making

The decision following a confirmed positive result must be made in accordance with the organisation’s policy and the applicable employment instrument. The decision should take into account:

The employee’s response to the show cause notice.
The nature of the substance detected and the level.
The employee’s role and the safety implications of impairment in that role.
The employee’s disciplinary history.
Any mitigating circumstances raised by the employee.
The policy’s prescribed consequences for a first offence, second offence, and so on.

Possible outcomes may range from a formal warning with monitoring and support, through to termination of employment. The key is that the decision is proportionate, consistent with the policy, and documented.

Step 7: Documentation

Every step of the post-positive process must be thoroughly documented. The documentation should include:

The screening result, date, time, and tester.
The confirmatory result and laboratory report.
The notification provided to the employee.
The show cause letter and the employee’s response.
Notes from any meetings, including attendees and a summary of what was discussed.
The decision, the reasons for it, and who made it.
Any referrals to EAP, medical professionals, or rehabilitation services.

This documentation is your defence if the decision is challenged. Without it, even a reasonable and well-intentioned process may be found to be procedurally unfair.

Step 8: Return-to-Work Pathway

Where the outcome is not termination, a structured return-to-work pathway protects both the employer and the employee. This pathway typically includes:

Medical clearance — a fitness-for-duty assessment by an occupational physician before the employee resumes safety-sensitive duties.
Return-to-work agreement — a written agreement that sets out expectations, conditions, and monitoring arrangements.
Follow-up testing — a schedule of follow-up tests at defined intervals, typically more frequent than the standard random testing rate.
Ongoing support — continued access to EAP and any other support services.

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