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ARTICLE · 07 JANUARY 2013

The HR Space: Temporary Injunction Against Random Drug And Alcohol Testing

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Random drug and alcohol testing in the workplace was recently back before the Alberta Court of Appeal.

CanadaEmployment and HR
Kyla Stott-Jess
Kyla Stott-Jess
Katie Clayton
Katie Clayton
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Random drug and alcohol testing in the workplace was recently back before the Alberta Court of Appeal. Oil Company Suncor appealed an injunction against its new proposed drug and alcohol testing policy. In Communications, Energy and Paperworkers Union, Local 707 v. Suncor Energy Inc., 2012 ABCA 272 (PDF), the Alberta Court of Appeal issued a split decision upholding an injunction preventing Suncor from initiating random testing until an arbitration on the issue is completed. 

Background

Following seven fatalities at one of its worksites since 2000 (three of which Suncor attributed to worker drug and alcohol usage), it introduced a new drug and alcohol policy requiring employees in "safety sensitive" and "specified" positions to submit to random drug and alcohol testing. The policy was set to go into force on October 15, 2012 for employees, and January 1, 2013 for Contractors. Under the policy, approximately 85% of Union members working at the Suncor site would be

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