Drug test obligations
Partners of clients receiving Emergency Benefit who have work obligations are subject to drug test obligations.
Partners must undertake and pass drug tests when Work and Income have identified:
- a suitable job and pre-employment drug tests are required by a prospective employer or
- a suitable course and a pre-course drug test is required as part of the admission process by a training provider
A partner will fail their drug test work obligations if they have no good and sufficient reason and:
- a suitable job is available and they advise they will not apply for the job as they will not pass the pre-employment drug test
- they have been referred to or have applied for a suitable job or course and they refuse to take the pre-employment drug test or
- they have been referred to a suitable job or course and they fail or refuse a drug test
If a partner fails their drug test work obligations the same 5 day notice period and sanctions apply as for any other obligations failure.
Partner will not apply as they will not pass the drug test
An immediate obligations failure should be initiated if a partner, without a good and sufficient reason, has:
- been matched to a job opportunity and refuses to apply for it as they advise they will fail the pre-employment drug test or
- attended a seminar to discuss a job opportunity and advises they will fail the pre-employment drug test
Partner refuses to take the drug test
An obligations failure should be initiated if a partner without a good and sufficient reason, has been referred to a suitable job and refuses to take the pre-employment drug test.
Partner fails the drug test
An obligations failure should be initiated, if a partner, without good and sufficient reason, has:
- been referred to a suitable job and the employer advises that they have failed the pre-employment drug test or
- been referred to a suitable course and the training provider advises that they have failed the pre-course drug test
Note the employer or training provider must confirm that a partner has failed the drug test before you initiate the obligations failure.
Partner fails pre-employment alcohol test
Job applicants may be required to be tested for alcohol use prior to being hired. However, the drug test obligation requirements do not include alcohol.
If a partner failed a test for alcohol use, without a good and sufficient reason, then a work test failure could be initiated because the partner has failed to participate in the job interview process.
For more information see:
Legislation
- Specific obligations: work-test obligations section 144 and sections 146-149 Social Security Act 2018
- Requirements for drug test regulation 86 Social Security Regulations 2018
- drug test (definition) schedule 2 Social Security Act 2018
