B.C. Arbitrator Provides Perspective On Random Drug And Alcohol Testing Policies

A British Columbia arbitrator has denied an application by the United Steelworkers for an interim injunction that would prohibit Teck Coal from performing random drug and alcohol tests at several coal mines until the union's grievance of that policy could be addressed. The decision provides another perspective in the rapidly evolving jurisprudence on random drug and alcohol testing in Canada.

As in previous decisions, the arbitrator assessed the risks to employee safety along with the potential infringement on employee privacy. The arbitrator concluded that the employer's interest in protecting employees should be paramount as a failure to do so would result in the greatest degree of irreparable harm.