Company Drug Tests with Inadequate Methods

Marlborough Lines Ltd, a New Zealand utility supplier used ineffective drug testing methods and is now paying the price. A hefty $12,000 because they failed to use an MRO after a drug test revealed that Warren Bush was positive for amphetamines.

After his supervisor reported that he "didn't seem with it," Bush was ordered to take a drug test administered by an industrial nurse. When the results came back positive he was dismissed, due in part to previous warnings on his record.

Bush told managers he was taking sinus medication and requested another drug test. Though the second test came back negative, he was still terminated.

Marlborough Lines has been charged with failing to understand the drug test results or to take qualified professional advice, such that an MRO might provide before dismissing Bush.

Bush was awarded $12,000, a reduced amount from $15,500 for his contribution to his dismissal.