‘One-size-fits-all’ followup testing at Ontario employer not quite right (Legal View)

Concept reasonable but must allow for individualized treatment: Arbitrator
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 03/18/2016

An Ontario employer’s drug policy that specified random followup testing for employees returning to work after impairment at work was reasonable, but needed to be clarified so not all such employees were treated the same, an arbitrator has ruled.

The employer had a drug and alcohol policy that was intended to provide a safe workplace for employees and anyone else affected by the employees. The policy allowed employees who had tested positive for drugs or alcohol to return to work with followup tests. 

Once an employee who had previously tested positive obtained a negative test result, she was required to comply with unannounced and random followup testing.