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Taking specific steps when implementing a D&A testing regime will help employers if they need to rely on it to defend disciplinary action, according to a lawyer.

Firstly, employers need to consider whether such testing is actually permitted, through an enterprise agreement, policy or contract, Henry William Lawyers partner Renee Kasbarian tells an HR Daily Premium webcast.

Next, they must determine whether it is lawful and reasonable to conduct testing, she says, by taking into account their work health and safety obligations, the nature of the work their employees perform, the industry they operate in, and any industry standards or requirements...