Post-incident Drug And Alcohol Testing In Canada: A Practical Guide For Employers

Drug and alcohol testing in the workplace is a complex area of law. Employers have a statutory obligation to maintain a safe workplace, and impairment can present a significant risk in certain work environments. At the same time, courts and labour arbitrators have made it clear that testing is not unrestricted and must be justified based on the circumstances.

Over time, a well-developed body of legal principles has emerged to guide when testing is permissible and how it should be implemented. These principles are drawn from labour and employment law, privacy law, human rights law and occupational health and safety legislation. It is important for employers to understand and correctly apply this legal framework when developing, implementing and enforcing drug and alcohol testing policies.