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safety sensitive positions

Can an employer have a zero tolerance policy for marijuana? The Human Rights Tribunal weighs in

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.


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Ruling on randomized alcohol testing

Woman Blowing in Breathalyzer

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.


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New Brunswick court of appeal weighs in on alcohol testing

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.


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