Drug Testing – What is Reasonable Cause?

Drug testing remains a hot issue for employers in Alberta. In May of 2005, the Human Rights Commission issued a decision in the Les Halter v. CEDA Reactor Limited case which has concerned many employers. The decision is based on the Panel’s finding of a perceived disability where no actual disability exists and then assesses the employer’s discharge of its duty to accommodate.

In this case, Halter worked as a dredge operator at a site in Fort McMurray, Alberta. Based on rumours that there was rampant drug use and alcohol abuse by the members of the crew, management conducted a drug test on each member of the crew on the basis of reasonable suspicion or reasonable cause. Seven of the fourteen crew members tested positive for illicit drugs in their systems above acceptable levels. Halter was one of these seven crew members. Halter was suspended for two weeks pending a second drug test. He was the only crew member who tested positive a second time. Halter’s employment was terminated for