Drug or Alcohol Testing

Whether or not an employer will be able to implement a drug or alcohol testing program will depend on several factors, including:

  • whether there is a demonstrated problem that needs to be addressed;
  • whether there is a connection between drugs and alcohol and the job;
  • other methods available to address the issue; and/or
  • reliability of testing.

As part of justifying the testing, employer will also have to address the privacy issues. The high degree of sensitivity of this type of information will put a very heavy onus on the employer to show that the information will be collected in a sensitive manner, that minimal information will be collected, that it will be securely stored and that it will be disposed of in a timely and appropriate manner.

For more information on drug and alcohol testing view the case Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Limited(2013 SCC 34)