Alberta Court Provides Guidance For Random Drug And Alcohol Testing

The Alberta Court of Queen's Bench has recently issued a decision that provides guidance regarding the contractual right of a non-unionized employer to implement randomized drug and alcohol testing. 

In Phillips v Westcan, 2020 ABQB 764, the Alberta Court of Queen's Bench upheld a non-unionized employer's use of random drug and alcohol testing in Alberta for safety sensitive positions. 

The employee, Mr. Phillips, was employed as a long haul truck driver to transport dangerous goods. The nature of Mr. Phillips' duties meant that he usually worked remotely and without supervision. 

Mr. Phillips had been first employed by Westcan in 2013 when the drug and alcohol testing policy had been in place. Mr. Phillips' left and returned to employment with Westcan in 2015. Upon returning to Westcan, Mr. Phillips objected to being subjected to random drug and alcohol testing and sought a permanent injunction against his employer to cease testing him.