drug & alcohol testing issues BY ED SECONDIAK, ECS SAFETY SERVICES, LTD.
In Canada testing policies can be highly contentious and generate strong feelings both for and against. Many employers are implementing or strengthening drug and alcohol testing programs as a part of an overall approach to address concerns where the risk of impairment on the job could place employees, co-workers, the public and the environment at risk. This task can be challenging for U.S. corporations or executives working or directing work in Canada.
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n Canada there is no legislation that allows for drug and alcohol testing in the workplace however there are various Federal and Provincial laws and or regulations that require an employer to provide a safe workplace. Canadian companies whose drivers travel into the U.S. must have drug
and alcohol testing programs that meet the U.S. DOT regulations. In gen- eral terms the programs are identical with the exception that in Canada the employer has a duty to accommodate. The employer cannot termi- nate an employee simply because they failed a drug and or alcohol test. The Canadian Human Rights Commission and Provincial / Territorial Hu-
man Rights Commissions publish position papers on their interpretation of the human rights limits on drug and alcohol testing. There are also various court decisions speaking on drug and alcohol testing along with Federal and Provincial Privacy Laws that the employer must be aware of and comply with. Inquiring about, or testing for, a condition that is a physical and or
mental disability or perceived disability is allowed only where it is a le- gitimate bona fide occupational requirement (BFOR) of a particular job. The Human Rights Commissions consider alcohol or drug addiction or perception as a physical or mental disability. A perceived disability may include an employer’s perception that a person’s use of alcohol or drugs make him or her unfit to work.
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