Alcohol And Drug Testing: Where Are We Now?

Over the last several years, the debate surrounding the legal parameters of alcohol and drug testing in Canada has escalated, particularly for industrial employers engaged in safety sensitive work.

The complexity of the debate stems from several factors. First, unlike the situation in the United States, there are no statutes or regulations that directly address alcohol and drug testing in Canada. Second, challenges to alcohol and drug testing policies come in various forms, including human rights complaints, labour arbitration grievances and complaints to privacy commissioners. The analysis in these venues differs, making it difficult to articulate a unified, coherent approach. Finally, alcohol and drug testing raises a number of competing interests and values that are not easily reconciled, as demonstrated by the conflicting case law across Canada.