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ARTICLE · 21 NOVEMBER 2011

Suspect Your Employee Is Using Drugs Or Drinking?

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The Toronto Transit Commission has received widespread publicity in recent weeks for its proposed adoption of drug and alcohol testing for transit operators.

CanadaEmployment and HR
McMillan LLP
McMillan LLP
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The Toronto Transit Commission has received widespread publicity in recent weeks for its proposed adoption of drug and alcohol testing for transit operators. The relevant legal issues are significant. As an employer, if you suspect that an employee may be using drugs or drinking and performing duties while impaired, this is of great concern. Drug or alcohol abuse by an employee can endanger the safety of other employees, customers or the public and give rise to other potential liabilities.

Many Canadian employers are uncertain about the laws surrounding drug and alcohol tests for employees. Drug and alcohol testing is a challenging issue, and tests can only be used in limited circumstances. Applied improperly, the testing could easily lead to a contravention of applicable human rights laws. In this regard, it is important that all employers understand the laws surrounding drug and alcohol testing in Canada, and create policies and procedures that will withstand legal

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