In one of the first cases to consider this issue the Ontario Human Rights Tribunal was faced with the question of whether a “zero tolerance” policy for marijuana consumption discriminated against a worker in a safety sensitive position who wanted to consume marijuana at work for medicinal purposes.
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.
On July 7, 2011 the New Brunswick Court of Appeal handed down a decision regarding an employer’s alcohol testing policy. In Irving Pulp and Paper Limited v. Communications, Energy and Paperworkers Union of Canada Local 30, 2011 NBCA 58, the Court found that the random alcohol testing policy in the case was reasonable.