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employees’ rights to privacy

By Devry Smith Frank LLP | 3 Minutes Read June 25, 2014

Another failure to implement random alcohol and drug testing policy in the workplace

Suncor Energy Inc. has recently attempted to implement a mandatory, random drug and alcohol testing policy among employees in “safety-sensitive” or “specified” positions at their oil sands work site Fort McMurray, Alberta. These positions are held by about 82 percent of the 3,383 union members employed at the site.

Article by Devry Smith Frank LLP / Employee Relations, Human Rights, Payroll, Privacy, Union Relations / alcohol and drug use in the workplace, breathalyzer testing, communications, employees’ rights to privacy, employment law, Energy and Paperworkers Union of Canada, filing a grievance, HR policy, Local 30 v. Irving Pulp & Paper, near-miss history, policies and procedures, random alcohol and drug testing policy in the workplace, random alcohol testing, random testing policy, reathalyzer and urine tests are considered very invasive, safety-sensitive position, serious invasion of employees’ privacy, unionized employees, urine tests

By McCarthy Tétrault LLP | 4 Minutes Read July 2, 2013

Employer’s random alcohol testing policy constitutes unreasonable invasion of employees’ rights to privacy

Rule of lawAn employee’s right to ensure workplace safety versus an employee’s right to privacy – these competing rights have been present in the workplace for many years. On one hand, employers must be able to adopt policies to protect their workforce and abide by statutory health and safety obligations. On the other hand, employees expect that they will not be subject to intrusive policies that unreasonably infringe on their privacy expectations.

Article by McCarthy Tétrault LLP / Employee Relations, Health and Safety, Human Rights, Privacy, Union Relations / alcohol use, canadian employment law, collective agreement, dangerous nature of the workplace, drug and alcohol testing policy, employees’ rights to privacy, Employer’s random alcohol testing policy, employer’s unilateral rule-making authority, employment law, health and safety obligations, invasion of privacy, management’s right to implement policies impacting the workforce, policies and procedures, random alcohol testing component, random alcohol testing was unreasonable, reasonableness standard of review, Return to work, safety concerns, substance abuse, workplace incident, workplace safety

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