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Social Security Act 2018

Obligations - Beneficiaries’ obligations - Specific obligations: work-test obligations

149: Failing drug test

You could also call this:

“What happens if you don't pass a drug test for a job or training”

If you are asked to take a drug test for a job or training, you need to know a few things. If you fail the first quick test and choose not to take a second, more detailed test, you will be counted as having failed the drug test. This is important because it can affect your benefits.

The place where you applied for a job or training can tell the government that you failed a drug test. They don’t need to ask you if it’s okay to share this information.

The government office that deals with benefits (called MSD) can use this information about you failing a drug test. They will believe it unless they have a good reason not to, like if they have proof that it’s wrong.

Remember, when you take a drug test for a job or training, you don’t have to give permission for the results to be shared with the government. They can share it anyway.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783391.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
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Part 3 Obligations
Beneficiaries’ obligations: Specific obligations: work-test obligations

149Failing drug test

  1. For the purposes of this Act, a person is taken to have failed an evidential drug test requested under section 257 if the person fails a screening test and waives the right to an associated evidential drug test.

  2. A potential employer or training provider may disclose, or authorise the drug test provider to disclose, to MSD that a person who has undertaken a drug test under section 147 has failed the drug test.

  3. MSD may act on the information disclosed under subsection (2) unless MSD has reason to believe that it is not reliable (for example, MSD may have evidence to the contrary).

  4. Consent of a person who has undertaken a drug test under section 147 to disclosure under subsection (2) is not required.

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