Drug And Alcohol Testing: Safety vs. Privacy - Safety Wins For Now

Random alcohol and drug testing causes irreparable harm to privacy interests, but not allowing it creates a risk of even greater irreparable harm to safety.  That was the decision reached by an Arbitrator who was asked by a union to make an interim order to prevent the employer from implementing its new testing policy.  (The decision is Teck Coal Limited, Unreported Arbitration Award, May 9, 2013 (Taylor)).

This is NOT a finding that random alcohol and drug testing is allowed.  That is still very much in dispute and this decision was on the narrow issue of whether the employer should be prevented from implementing its policy until  the union's grievance is decided.  But the decision does highlight the possibility that the right type of evidence in the right type of workplace may allow for random testing.