![]() If you are an employee and have questions or concerns about drug testing in your workplace, contact the Toronto employment lawyers at Sultan Lawyers. At the end of the day, a balance must be achieved between human rights, and workplace and public safety. The main reason for implementing drug and alcohol testing should be to measure impairment, rather than to be used as a deterrent, and testing to ascertain impairment will generally only be justified as a bona fide requirement where a reasonable connection to the job can be demonstrated (for instance, where an employee in a safety-sensitive position had an accident or narrowly avoided an accident). a legitimate) requirement of the job (for example, where testing is necessary to achieve safety). Reasonable cause will vary depending on the circumstances, including the nature of the employment (for instance, whether the workplace is safety sensitive, such as a construction site).ĭrug and alcohol testing may be justified if an employer can prove that the testing is a bona fide (i.e. Courts and human rights tribunals consider drug and alcohol testing to be extremely invasive and have ruled that such testing can only be done where an employer has “reasonable cause” to do so. Unlike in the U.S., pre-employment drug tests, or drug tests done periodically over the course of someone’s employment, are not common in Canada and are generally not permitted. We provide strategic, forward-thinking advice to help employees navigate workplace relationships. At Sultan Lawyers in Toronto, our knowledgeable employment lawyers have many years of experience advising employees on their rights at work, including on whether they might have to participate in drug or alcohol testing. ![]() The law around drug testing in the workplace is evolving, and with the pending changes to marijuana legislation, will continue to evolve. As such, drug and alcohol testing is not always permissible, and being subject to such testing may provide employees with grounds for a legal claim against their employer. Employees whose employer seeks to implement such testing should be aware it can raise significant human rights concerns and might be discriminatory based on addiction or perceived addiction. Some employers seek to address this concern through implementing drug and alcohol testing. ![]() A significant safety concern for some employers is drug and alcohol use by employees. ![]() Toronto Employment Lawyers Advising Employees on Drug Testing in the WorkplaceĮmployers have a positive obligation to create a safe workplace for employees. ![]()
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