Random drug and alcohol testing in the workplace is a safety
issue that continues to test the boundaries of privacy rights of
employees. There are two current cases that will help to clarify
the current law with respect to this issue.
Irving Pulp & Paper Ltd. operates a paper mill in St. John,
New Brunswick. Irving introduced a policy that allowed for random
alcohol testing for employees in safety sensitive positions at the
paper mill. The tests were done with a breathalyzer. The employees
tested were selected by an off-site computer that randomly chose
10% of those in safety sensitive positions in any 12-month period.
An Irving employee who was in a safety sensitive position was
randomly tested. He grieved on the basis that the testing infringed
on his right to privacy. The case went to arbitration and was
ultimately heard by the New Brunswick Court of Appeal, which
decided that once a workplace is found to be inherently dangerous,
as long as the testing is minimally
