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ARTICLE · 15 FEBRUARY 2013

Drug And Alcohol Testing: An Update

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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The issue of drug and alcohol testing is about to receive significant judicial scrutiny which will hopefully lead to some clarity.

CanadaEmployment and HR

The issue of drug and alcohol testing is about to receive significant judicial scrutiny which will hopefully lead to some clarity around whether or not employers may randomly test employees for drug and alcohol use. Guidance in this area would be welcomed by employers.

Drug and alcohol testing has long been a hot topic for employers, particularly in Alberta and more specifically in the oil sands where drug and alcohol has tended to be more prevalent on employee camps (i.e. a workplace) and in an industry which uses heavy machinery and where safety is a high priority.

There are a number of issues in relation to drug and alcohol testing. Employers argue that the safety of employees (to ensure, for example, that the operator of a mechanical shovel is not impaired by alcohol or drugs) must be paramount. The other side of the coin (which is most often argued by unions) is that drug and alcohol testing is potentially a breach of an individual's human rights as well as

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