The HR Space: Supreme Court Rejects Random Alcohol Testing Policy in Dangerous Workplace

The HR Space is edited by Louise Béchamp, Karen M. Sargeant and Brian P. Smeenk 

Canada's highest court has ruled that random drug and alcohol testing in the workplace may violate privacy rights.  In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd. (PDF), the Supreme Court of Canada (SCC) considered the validity of a random alcohol testing policy in a unionized workplace. Although the SCC recognized that random testing may be imposed where it is a "proportionate response" to safety and privacy interests, six of the nine judges agreed with the orininal arbitration board - there was insufficient evidence of an alcohol-related problem at the workplace. On the facts of this case, the impact of random testing on employee privacy was not justified.