Discipline for off-duty cocaine use justified in safety-sensitive workplace

June 25, 2017 0 COMMENTS

by Rosalind H. Cooper

A recent decision of the Supreme Court of Canada in Stewart v Elk Valley Coal Corp., 2017 SCC 30, has confirmed that employers have the ability to take disciplinary action against employees for drug and alcohol use in safety-sensitive workplaces.

The worker in this case was employed in a mine where a drug and alcohol policy had been implemented. The policy required workers to disclose any dependence or addiction issues and to make such disclosure in advance of any incident occurring. If employees followed the policy, they were offered treatment for their addiction. If disclosure was not made and an incident occurred and the employee subsequently tested positive for alcohol or drugs, he or she could be terminated.

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Drug testing does not always violate fundamental rights

April 26, 2015 0 COMMENTS

by Marie-Gabrielle BĂ©langer

In Canada, the criteria for allowing random drug or alcohol testing in the workplace are very limited because these tests are regarded by our courts as an invasion of an employee’s privacy. But what about requiring targeted testing of an employee suffering from an addiction? read more…