Drug Testing In Ontario: Is It Worth The Risk?

Pre-employment drug testing in Ontario is generally not permissible; The Ontario Human Rights Commission ("OHRC') has stated that: "Since drug testing cannot be shown to actually measure impairment, pre-employment drug testing should not be conducted. It is the OHRC's view that, in the absence of clear medical research, pre-employment alcohol testing does not appear to predict an employee's ability to perform the essential requirements of a safety-sensitive position. All it can do is assess impairment before the person is actually on the job. It is therefore difficult to see how an employer could justify pre-employment alcohol testing."

In order to justify drug testing, an employer must meet the following three-part test: