Can I refuse a drug and alcohol test at work?

Question

Accepted Answer

Most policies state what happens if an employee refuses to take a drug or alcohol test. Usually, refusal without good cause is treated as failure to follow a reasonable and lawful instruction that is considered to be serious misconduct.
The employer must follow a fair and reasonable process when investigating and taking action against an employee who refuses to take a drug test. If it ends up in the Employment Relations Authority (or Court), the test of justification will be applied. This test means the employer must:
Sufficiently investigate before taking any action against the employee (including the sequence of events that led to the employee’s refusal and their reason for refusing);
Raise its concerns with the employee before taking any action against them;
Give the employee a reasonable opportunity to respond to its concerns before taking any action against them; and
Genuinely consider the employee's explanation before taking any action against them.
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