Can Employers Randomly Drug Test in NZ? Workplace Laws & Rights

Random drug testing is a topic that often raises questions for both employers and employees, especially in safety-sensitive industries like construction, transport, forestry and manufacturing. In New Zealand, while there’s no blanket law mandating drug testing, employers do have a duty under the Health and Safety at Work Act 2015 to manage workplace risks, including those posed by impairment.

So, can you, as an employer, legally implement random drug testing in your workplace? The short answer is yes, but only under specific conditions.

In this article, we’ll explore the legal framework around random drug testing in New Zealand, address common questions from both employers and workers, and outline what a fair, effective, and supportive testing programme should look like. If you’re considering introducing random drug testing at your organisation, LifeCare can help you implement a professional, respectful, and policy-aligned programme that prioritises both safety and employee wellbeing.

Here’s what we’ll cover in this article:

Can my employer randomly drug test me?
Legal and practical conditions for random drug testing in New Zealand
What happens after I am selected for a random test
How Random Drug and Alcohol Testing Works
Building a Safer Workplace: More Than Just Testing
Conclusion: Making Random Drug Testing Work: Lawfully, Ethically, and with Care
Why choose LifeCare as your drug testing partner
Useful Resources

Find out more about LifeCare’s Drug and Alcohol testing

Can my employer randomly drug test me?

Yes, employers in New Zealand can carry out random drug testing, but only in specific circumstances. It normally applies to safety-sensitive roles, and it must be clearly outlined in your employment agreement or the company’s drug and alcohol policy.

However, some companies take a more holistic approach by testing the entire workforce, rather than just selected roles, to ensure equity and consistency across the business.

Here’s what that entails:

Legal and Practical Conditions for Random Drug Testing in NZ

1. Safety-Sensitive Industries

Random drug testing is typically justified in industries or roles where impairment could pose a serious risk, such as construction, transport, manufacturing, or any job involving heavy machinery, driving, or hazardous materials. The more safety-critical the role, the stronger the justification for testing.

2. Clearly Stated in a Drug and Alcohol Policy

Employers must have a written Drug and Alcohol Policy that clearly outlines:

The objective of testing (e.g., to maintain safety)
The test methods used (e.g., saliva, urine or both)
The type of testing (e.g., random, post-incident, reasonable cause)
How random selection will be done
Guidelines outlining next steps if someone tests not-negative or refuses testing
Support processes, like access to EAP or rehabilitation

This policy should be communicated to all employees and included as part of their employment agreements.

3. Employee Awareness and Consent

Employees must be made aware of:

The company’s intention to conduct random drug testing
The rationale behind it
How the process works
You can’t surprise staff with a drug test if this hasn’t been included in their contract or if a clear policy isn’t in place.

4. Fair and Consistent Implementation

Random doesn’t mean selective. Employers need to:

Use a genuine random selection method (e.g., randomiser software or third-party selection)
Ensure all workers have an equal chance of being tested
Apply testing procedures consistently across teams and departments

5. Privacy and Respect

Test results must be handled confidentially and shared only with authorised individuals (typically HR or a designated H&S personnel). Employers also need to follow:

Privacy Act 2020, protecting personal health data
Human Rights Act 1993, preventing discrimination or unfair outcomes.
Employment Relations Act 2000, ensuring confidentiality and fairness throughout the process.
Health and Safety at Work Act 2015 (HSWA), supporting drug testing as a measure to manage workplace risk, but respecting the rights of individuals.

6. Support Pathways

Testing should emphasise support, not punishment. Employers are expected to:

Offer support resources for employees who test not-negative
Have clear referral processes to EAP services or alcohol and other drugs counselling (AoD)
Provide a clear path for rehabilitation and return to work where appropriate

Here are some examples of situations in which random drug testing can and cannot be allowed.

Allowed Situations	Not Allowed Situations
Safety-Sensitive Roles – Employees operating machinery, vehicles, or at heights.	Low-Risk Roles Without Consent – Office staff with no prior policy, inclusion in their employment agreement or role-based risk.
Pre-Employment Testing – Included as part of a transparent hiring process.	Surprise Testing – No clear drug policy or communication in employment terms.
Random Testing (if policy exists) – Applied fairly to all eligible staff.	Targeted Testing Without Justification – Testing specific individuals without cause.
Reasonable Cause Testing – Employee shows signs of impairment on the job.	Retaliatory Testing – Using testing to punish or intimidate workers.
Post-Incident Testing – Following an accident or near-miss event.	No Clear Procedures – Testing was done with no outlined method or process in place.
Return-to-Work Testing – After rehabilitation or policy breach (if documented).	No Consent or Awareness – Employees are unaware that drug testing is a condition of work.
Testing With Support Options – Linked to EAP or referral to help services.	Punitive-Only Approach – No pathway for support, counselling, or second chances.

Now that you’ve established the legal framework and responsible implementation steps, let’s address some common questions both employers and employees often ask in this context.

Can I refuse to take a drug test at work?

Yes, you can refuse, but it’s important to understand what that means. While no employer can physically force you to take a drug or alcohol test, refusing one may carry consequences. In some workplaces, a refusal is treated the same as a positive result and could lead to disciplinary action and may be in breach of your employment agreement. The specifics should be clearly outlined in your company’s Drug and Alcohol Policy, so it’s worth reviewing that document to know where you stand.

Even if you take substances outside of work, many substances remain detectable in the body long after use and residual effects can impair performance and pose safety risks during work hours.

What happens after I am selected for a random test

If you’re selected for a random drug test, your employer must follow their stated process, and you must give consent before testing proceeds.

Here are the common steps a company typically follows once a worker is selected for a random drug test:

How Random Drug and Alcohol Testing Works

As Health and Safety Managers, it’s important to understand how random drug and alcohol testing fits into your broader safety strategy. Here is a clear breakdown of the process, how it works, why it matters, and what you need to keep in mind.

1. Random Selection Process

Employees in safety-sensitive roles (e.g., operating machinery, driving, heights) are entered into a random selection process.
A fair and transparent method, such as randomiser software or a third-party provider, ensures all eligible employees have an equal chance.
The process must be non-discriminatory and in line with the company’s Drug and Alcohol Policy.

This maintains fairness, neutrality, and avoids perceptions of targeting.

2. Notification, Consent and Identification

Upon selection, the employee is discreetly notified that testing is required.
Consent is obtained before proceeding. Employees can decline, but should understand the consequences (as outlined in the company’s policy).
The tester confirms the individual’s identity using appropriate ID.

3. Pre-Test Instructions

The tester provides pre-test guidance (e.g., no eating, drinking, vaping or smoking 10 minutes before an oral fluid test).
The employee will be asked about recent medications or supplements.

4. Testing Methods Used

Typically, you’ll see two types of tests in NZ workplaces:

Oral Fluid (Saliva) Testing
- Quick (about 20 minutes), requires a private room but no bathroom facilities.
  Detects substances ingested within roughly 5 to 48 hours.
  Less intrusive; ideal for fast screening.
Urine Testing
- Requires a bathroom area for collection.
  Offers longer detection windows, anywhere from days up to a month or more, depending on the substance and use patterns.
  Provides detailed metabolite profiles; great for periodic or return-to-work testing.

5. Sample Collection

The drug test is conducted using either urine or oral fluid (saliva), depending on the agreed method.
The process is carried out in a private, respectful setting by trained collectors.

6. Result Interpretation

The test produces either a negative or not-negative result on-site.
A not-negative result is not a confirmed positive; it indicates the presence of a substance above the test’s threshold, requiring further lab testing.

7. Confirmation Testing (if applicable)

For any not-negative sample, a new sample is taken (only if it’s saliva testing, not urine) and securely sent to an accredited laboratory for confirmation.
The employee may return to work or be stood down, based on the company’s policy.

8. What Could Trigger a Not-Negative?

Certain substances can cause false “Not-Negative” results, including:

Medications: Some cold or allergy medicines contain compounds that mimic signals in screening tests.
Supplements: Pre-workouts, herbal supplements, or even melatonin may register on certain panels.
Foods or Beverages: Items like poppy seeds, hemp products, or tonic water can interfere with test results.

That’s why the confirmation step is essential; it ensures fairness and protects employees.

9. Result Reporting

Confirmed results are shared only with the designated authorised contact (e.g., HR or Health & Safety Manager).
The outcome is kept confidential and handled sensitively.

10. Follow-Up

If confirmed positive, the employer follows the procedure outlined in the company policy (e.g., support referral, management action).
If negative, the employee resumes work as normal.

Summary Overview: Random Drug Testing Flow

Step	Description
1. Random Selection	Fair, unbiased notification of test requirement
2. Consent & Collection	Employee gives consent; sample is collected confidentially
3. Screening	Initial test yields Negative or Not-Negative result
4. Confirmation (if Required)	Any Not-Negative is tested by lab for confirmation
5. Outcome & Next Steps	Results returned to authorised personnel; appropriate action taken, whether support or disciplinary steps as per D&A policy

Building a Safer Workplace: More Than Just Testing

Random drug testing is just one part of maintaining workplace safety and cannot replace a comprehensive health and safety strategy. While identifying potential impairment is crucial, especially in safety-sensitive roles, lasting safety and wellbeing come from a more holistic, integrated approach.

1. Clear Safety Policies

At the core of any drug testing programme should be a robust and clearly communicated Drug and Alcohol Policy.

What a Robust Drug Testing Policy Looks Like

Scope: Who it applies to and why.
Testing Methods: Whether using saliva, urine, etc.
Cadence and % of population to be tested
Procedures: Details on selection, collection, reporting, and follow-up.
Consequences: Clear steps following not-negative results.
Support Measures: Access to assistance and rehabilitation.
Consultation Evidence: Records of employee or union discussions.

These elements show commitment to safety as well as respect for employee rights.

2. Staff Education & Awareness

Education plays a pivotal role. Informing employees about the impact of substances on workplace safety, how the testing process works, and the availability of support reduces stigma and helps shift the conversation from punishment to prevention. Toolbox talks, onboarding sessions, and video explainers are effective tools for engagement.

3. Training for Leaders and Managers

Supervisors and health and safety managers are often the first line of response. Equipping them with training on how to identify signs of impairment, have supportive conversations, and refer staff to appropriate services ensures the testing process is not just clinical, but compassionate.

4. Access to Support: EAP and Beyond

Employees who test not-negative and positive, should not be left to navigate the next steps alone. A well-rounded programme includes Employee Assistance Programmes (EAPs) or referrals to community-based services. Providing access to confidential counselling, addiction services, or general wellbeing resources encourages self-reflection, recovery, and retention.

5. A Holistic Approach to Impairment

The New Zealand Drug Foundation recommends addressing workplace impairment with a broader view. This means recognising that fatigue, stress, mental health, and personal circumstances can impair performance just as seriously as substances. Policies should be designed to prioritise early support and reduce harm, not simply penalise.

In short, random drug testing is a valuable tool, but it works best when integrated into a proactive, supportive culture where safety is shared and wellbeing is everyone’s responsibility.

Employer & Employee Checklists

Here’s a practical checklist designed to guide both employers and employees through the essentials of implementing and navigating random drug testing in the workplace.

For Employers

A thoughtfully designed drug and alcohol policy doesn’t just protect, it supports. Use this checklist to ensure your program is fair, effective, and transparent:

Why are you implementing testing?

Ensure that testing is tied to a legitimate business need (e.g., safety-sensitive roles like drivers, heavy machinery operators, roles at heights).

Do you have a clear, communicated Drug & Alcohol Policy?

Does it explain: who’s affected, why testing happens, how it’s conducted, consent, follow-up procedures, and support mechanisms?

Who should be tested?

Correctly identify which roles require testing based on real risk.

Is the frequency reasonable and risk-based?

Tailor testing frequency to job risk: monthly/quarterly for high-risk roles, annual or incident-triggered testing for others.

Is your testing provider accredited?

Partner with a reputable, independent provider like LifeCare, ensuring policy alignment, confidential, and compliant testing.

For Employees

Here’s what you’ll want to check:

Is your role defined as ‘safety-sensitive’?
Are you aware of your rights?
Do you know if testing is included in your employment agreement or the Drug & Alcohol Policy?
Do you understand the testing process?
Are you clear on what to expect: selection, how testing works, accuracy, the difference between screening and confirmation?
What happens after a not-negative result?

Conclusion: Making Random Drug Testing Work—Lawfully, Ethically, and with Care

Random drug testing can be a powerful tool for workplace safety, but it should never stand alone. Used correctly, it’s a key component of a broader strategy that promotes wellbeing, fairness, and trust. Here’s what Health and Safety Managers should keep front of mind:

Key Takeaways

It Must Be Justified

Random testing is recommended for safety-sensitive roles and must be supported by a clear, transparent policy that defines which roles or areas are considered safety-sensitive. This policy should be clearly communicated and agreed upon by all staff.

Process Matters

Testing must be fair, truly random, and confidential. Consent, clear procedures, and follow-up mechanisms are essential.

Support Over Punishment

Testing should be part of a broader support system, not a punitive measure. Offering Employee Assistance Programs (EAPs) and access to counselling helps reinforce a culture of care.

Beyond Detection

A positive test only indicates substance presence, not necessarily impairment. Testing must be confirmation-driven and interpreted thoughtfully.

Balanced Approach Builds Trust

Education, leadership training, and employee engagement go hand in hand with testing to build a workplace culture grounded in safety and respect.

Why choose LifeCare as your testing partner

Expertise: Specialised experience in workplace health, screening, and policy alignment.
Credibility: Accredited testing methods that prioritise accuracy and procedure.
Support Focus: Designed to inform and educate your people.
Nationwide Delivery: Flexible options including on-site, mobile, and clinic-based services across NZ.
Confidentiality: LifeCare prioritises confidentiality, clarity, and employee wellbeing every step of the way
Management reporting: Giving consented managers visibility of results across six levels of the business, down to site, department and job role. Including treads over time.

Let us help you build a safer, more resilient workplace, together.

Useful Resources

Can Employers Randomly Drug Test in New Zealand?