What Employers Need To Know About Random Drug And Alcohol Testing In Canada

Few areas of labour and employment law require employers to navigate as many competing obligations as workplace drug and alcohol testing. While employers have a duty to maintain a safe workplace, courts and labour arbitrators have consistently held that testing must be justified by the circumstances and cannot be imposed without limits.

In a previous Insight, we reviewed the legal framework governing post-incident drug and alcohol testing. In this Insight, we examine one of the most contentious forms of workplace testing: Random drug and alcohol testing. A recent arbitration decision involving the Toronto Transit Commission (TTC) reinforces the high threshold employers must meet before implementing a random testing program and provides helpful guidance on when such testing may be permissible.