Ontario Arbitrator Upholds Discharge For Refusing Post-incident Drug And Alcohol Testing

Can an employee be terminated for refusing a post-incident drug and alcohol test?

Yes. In Dome Mine Ltd. and USW, Local 7980, 2026 CanLII 78264 (ON LA), an Ontario arbitrator upheld the termination of an employee who refused a valid post-incident drug and alcohol test. The decision reinforces that where an employer has a legitimate basis to require testing, an employee’s refusal to comply may itself justify termination, even where the underlying safety breach may have other explanations.

The decision is particularly relevant for employers operating in safety-sensitive workplaces, highlighting the importance of clear testing policies, prompt action following serious incidents, and consistent documentation supporting testing decisions.