This blog summarizes a recent arbitration award where a union challenged an employer’s random drug testing policy at a coal mine.
drug and alcohol testing
I am increasingly being asked to speak about this subject at HR conferences, as employers are concerned about the practical implications of medical marijuana and how employees using it should be treated. The issue of marijuana in the workplace has generated a lot of attention, but what have our courts, arbitrators and tribunals said about it? A review of decisions addressing dismissal for workplace usage or possession of marijuana shows an inconsistent treatment which is consistent with the early stages that we are in.
Drug and alcohol testing in the workplace, particularly randomized testing, has always been a grey area for employers. When is such testing permissible? When is it deemed reasonable in light of safety concerns? The Supreme Court of Canada has answered some of these questions after their long-awaited decision regarding randomized drug and alcohol testing in the case of Irving Pulp and Paper.