Some Legal Aspects of Drug Testing in the Canadian Workplace
In recent years, the use of drugs by workers has become a major concern for employers. Canadian and American studies show that a certain percentage of workers use drugs, and that the use of some drugs can lead to industrial accidents (see Chapter 1). In some cases, authors have argued that drug testing has reduced accidents in the workplace (Bickis, Carter, Dobson, & Lees, 1987; Dupont, 1990; Kaplan, Langevin, & Ross, 1988). It is not surprising, therefore, that some employers have resorted to drug testing in the selection and monitoring of employees. The implementation of drug testing by employers, however, can infringe workers’ rights under the law.
KeywordsDrug Testing Collective Bargaining Legal Aspect Collective Agreement Reasonable Accommodation
Unable to display preview. Download preview PDF.
- Bickis, V., Carter, D., Dobson, D., and Lees, R., 1987, Policy study: Drug impairment and drug testing in the workplace, in: Occupational Health Centre, Queens University, Kingston, Ontario 4–17.Google Scholar
- Canada Labour Code, R.S.C., 1985 C.L-2, 3.36(1).Google Scholar
- DuPont, R. L. 1990, Mandatory random testing needs to be undertaken at the worksite, in: Controversies in the Addiction’s Field, (R. C. Engs, ed.), pp. 105-111.Google Scholar
- Kaplan, E. S., Langevin, J. B., and Ross, R. A., 1988, Drug and alcohol testing in the workplace: The employers perspective, William Mitchell Law Review, 14:365.Google Scholar