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ARTICLE · 29 JANUARY 2013

The Enforceability Of Random Drug Testing Is In Play

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A labour arbitration board hearing began early this month over Suncor's intention to commence random drug and alcohol testing of its oil sands employees.

CanadaEmployment and HR
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A labour arbitration board hearing began early this month over Suncor's intention to commence random drug and alcohol testing of its oil sands employees. The hearing is the latest in a battle that has been going on since Suncor announced in July of 2012 that, in focusing on workplace safety, it would soon implement random testing policy for workers in safety-sensitive positions. The outcome will likely have a significant impact on the legal and practical landscape of employee drug testing in Alberta, and the case is being closely watched by practitioners across the country.

When announced, the Communications, Energy and Paperworkers Union (CEP) Local 707 filed a grievance over the drug testing policy. The CEP then obtained an injunction in the Court of Queen's Bench to prevent the policy from being implemented prior to a decision being rendered by the arbitration board. The Alberta Court of Appeal upheld the temporary injunction in November, after earlier rejecting

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