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ARTICLE · 09 AUGUST 2011

The HR Space: Court Okays Random Alcohol Testing

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The recent decision of Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, 2011 NBCA 58, by the New Brunswick Court of Appeal has upheld random alcohol testing where the workplace is determined to be "inherently dangerous" and the method of testing is minimally intrusive.

CanadaEmployment and HR
Lyne Duhaime
Lyne Duhaime
Karen Sargeant
Karen Sargeant
Brian Smeenk
Brian Smeenk
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The recent decision of Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, 2011 NBCA 58, by the New Brunswick Court of Appeal has upheld random alcohol testing where the workplace is determined to be "inherently dangerous" and the method of testing is minimally intrusive.

In this case, a grievance was brought by a 34-year-old millwright in the maintenance department of a pulp and paper mill. He was randomly selected for an immediate breathalyser test. The employer's policy on drug and alcohol use stated:

"Employees involved in safety sensitive positions will be subjected to unannounced random tests for alcohol."

Although the employee passed the test, he challenged the policy. His union alleged there were no reasonable grounds to test because there had been no accident or incident that would justify such test.

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