Drug Testing Law May Evolve

It will be interesting to see how the law will evolve with the update of the Canadian Human Rights Commission ‘Policy on Alcohol and Drug Testing’ and the continual development of methods of drug testing, says Fasken Martineau’s ‘The HR Space.’ It says in the event that technology progresses and drug impairment can be detected on the day of testing, random drug testing could be permitted for many safety-sensitive positions. The Supreme Court of Canada has yet to weigh in on the issue of drug and alcohol testing in the workplace. However, with the potentially contradictory lines of argument developing, it may be time. Currently, drug and alcohol addiction are considered disabilities. As such, individuals who suffer from such addictions are protected from discrimination under human rights legislation. Drug and alcohol testing is, therefore, limited essentially to situations where there is reasonable cause to suspect impairment while at work.

Wednesday, December 23, 2009
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