Some Legal Aspects of Drug Testing in the Canadian Workplace

Human Rights, Collective Bargaining and Labor Arbitration, and the Canadian Charter of Rights and Freedoms
  • Monique Pinsonneault
Part of the Research Advances in Alcohol and Drug Problems book series (AADP, volume 11)


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.


Drug Testing Collective Bargaining Legal Aspect Collective Agreement Reasonable Accommodation 
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  1. 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
  2. Canada Labour Code, R.S.C., 1985 C.L-2, 3.36(1).Google Scholar
  3. 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
  4. 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

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© Springer Science+Business Media New York 1994

Authors and Affiliations

  • Monique Pinsonneault

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