Random Drug Testing Policy Struck Down By Arbitrator

In its decision on a recent policy grievance, an Arbitrator refused to allow an employer to unilaterally impose a random alcohol and drug testing program, serving as a reminder of the challenges facing employers in the implementation of such policies.

On the facts, in 2012 the employer, an oil company, attempted to implement a urinalysis based random alcohol and drug testing policy. The union representing 34% of the employees who would be subject to the policy filed a policy grievance. The policy was not collectively bargained between the employer and union. A previous drug testing policy, which had been in place since a policy grievance in 2008 was already in operation in the workplace. The existing policy tested employees "for cause" only after incidents occurred. The policy also required all employees to be "fit for duty".