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ARTICLE · 26 JUNE 2013

Important Decision On Random Alcohol Tests In The Workplace

Borden Ladner Gervais LLP
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The Supreme Court of Canada will soon be releasing its long-awaited decision in Irving Pulp & Paper Ltd v Communications, Energy and Paperworkers Union of Canada, Local 30.

CanadaEmployment and HR
Duncan Marsden
Duncan Marsden
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​The Labour & Employment department at BLG understands that the Supreme Court of Canada will tomorrow be releasing its long-awaited (by us anyway!) decision in Irving Pulp & Paper Ltd v Communications, Energy and Paperworkers Union of Canada, Local 30.

Irving Pulp is a case which originated in New Brunswick and in which the issue of the legitimacy of policies relating to random alcohol testing in the workplace, will be considered.  In brief, Irving Pulp operated a kraft paper mill (which will presumably be held to have been a safety-sensitive work environment) and in 2006 introduced a policy of random alcohol testing for safety-sensitive positions.  The union challenged the legitimacy of such a policy and the case has made its way to the Supreme Court of Canada.  The matter was heard in December 2012.

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