Suncor Takes Another Step Towards Random Drug Testing For Employees In Safety-Sensitive Positions

The Alberta Court of Appeal recently released a decision upholding the quashing of a ruling that restricted Suncor's legal right to implement random drug and alcohol testing for union employees in safety-sensitive positions. The main issue was whether Suncor had to demonstrate that there was a substance abuse problem within the bargaining unit specifically, or whether evidence of a general problem within the workplace was sufficient.

In upholding the decision of the court below, the court highlighted the importance of a safe work environment in favour of privacy concerns of union employees.

Background

Suncor introduced random drug and alcohol testing for employees in safety-sensitive positions at some of its sites in the Fort McMurray area in 2012.^[1] The union representing many of those employees grieved the alleged infringement of unionized workers' privacy rights.^[2]