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When Duty of Care Fails: Lessons from the Linq Bus Company Safety Breaches

A recent case in Australia has brought workplace safety sharply into focus. According to the ABC, Linq Bus Company faces over 50 criminal charges, including multiple counts of exposing passengers and workers to serious risk due to ongoing safety breaches. These include failing to act on positive drug test results, inadequate driver supervision, and a culture of inaction.

While the charges are still before the courts, the message is already clear: when a company fails in its health and safety responsibilities, the consequences can be serious — legally, ethically, and operationally.

How similar policy failures typically unfold

In comparable transportation-sector incidents in Australia—and sometimes in New Zealand—cases often involve failure to:

  • Conduct confirmed follow-up testing after an initial positive or “not-negative” result
  • Properly stand down or remove employees from safety-sensitive roles while awaiting further tests
  • Maintain records, chain-of-custody, and documented responses
  • Train supervisors in reasonable cause identification, action, and documentation

When drug test results are ignored, delayed, or unconfirmed, employees may continue operating vehicles in possibly impaired states—posing direct risks to public health and safety.

Relevance under NZ’s HSWA 2015

Under HSWA, PCBUs must:

✅ Identify impairment risks

Where roles like driving present serious risk, drug and alcohol impairment must be identified as a hazard and actively managed

✅ Implement appropriate controls

That means having a well-defined Drug & Alcohol Management Policy with protocols for:

  • Pre-employment screening
  • Post-incident or reasonable-cause testing
  • Random or periodic testing (as aligned with risk)
  • Clear responses to positive or inconclusive results

Without confirmed tests, decisions to restrict duties, provide support, or follow-up are significantly weakened.

✅ Exercise due diligence (Section 44 HSWA)

Officers must proactively check that these systems are robust, working, and properly acted upon—especially when early warning signs (like initial positives) arise. Failure to confirm or act upon test results can amount to reckless disregard for safety.

✅ Train and engage workers

PCBU’s must equip management and employees to:

  • Recognise signs of impairment
  • Respond quickly and appropriately
  • Understand the policy, its consequences, and how tests proceed

Why strict testing procedures matter

  • Safety: Ensures that potentially impaired staff are not permitted to drive or operate equipment until cleared.
  • Compliance: NZ courts in cases like Vulcan Steel have supported reasonable-cause and post-incident testing when policy is clear and consent is documented
  • Legal integrity: Properly managed testing minimizes the risk of claims of unfair dismissal or privacy breaches.
  • Leadership accountability: Ensures PCBUs and officers are not found negligent in failing to act on warning signs.

How Advance Diagnostics can help

  • Policy audits: Ensure your drug and alcohol policy includes safe, legal follow‑up procedures after initial positives.
  • Manager training: Teach your leadership how to conduct, document, and act on reasonable-cause testing.
  • Testing compliance: Provide certified third-party testing with verified chain-of-custody and lab confirmation.
  • Due diligence support: Help your officers review and validate your systems regularly to meet HSWA standards.

✅ Key takeaway

If an organization fails to confirm initial drug test results, take timely action, or maintain clear procedures, it risks safety breaches—and prosecution under both Australian and New Zealand safety laws. HSWA makes it clear:

  • You must identify impairment risks
  • Control them through rigorous policy and practice
  • Verify those controls are being followed
  • Engage and train your workforce effectively

Ignoring early test warnings is not just bad practice — it’s potentially unlawful.

📩 If you want to strengthen your workplace testing systems or ensure your accountability mechanisms are binding, confidential, and compliant, get in touch—Advance Diagnostics is ready to help.

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