Based on a recent survey, about 10% of Canadian worksites with 100 or more employees have a drug testing program. We know that people who are under influence of drugs at work might put themselves and others at risk, but what can employers do about it?
According to Alberta Occupational Health and Safety (OHS) Act, employers and employees have the obligations and share their responsibilities to protect the health and safety for the workers and other persons at the worksite. Here we will explore the ins and outs of drug testing in the workplace.
Why do Companies Drug Test?
In many companies, drug testing is primarily conducted in situations where safety is a concern. The drug test shows whether someone has recently used certain drugs, which can help to reduce industrial incidents related to drug use and improve safety at the workplace.
There are many types of employment-related drug tests:
- Pre-employment testing: Identify candidates who could pose a risk in safety-sensitive work environments.
- Pre-access testing: Identify people who could pose a risk in safety-sensitive work environments before giving them access to the work site
- Random testing: Deter substance use and enhance safety policy compliance by testing a random sample of the workforce
- Reasonable cause: Objectively evaluate possible factors when there are visible signs and symptoms of substance use impacting workplace safety
- Post-incident: Determine the possible contributing factors of a workplace incident and work to prevent future incidents
The most common form of drug testing in Canada is urinalysis. Urine samples from employees are analyzed for recent use of drugs such as cannabis, cocaine, opiates, and amphetamines. It should be noted that “a positive test result for drugs generally means that there was exposure to use of a substance, but it does not indicate how impaired the person may be, how often the person uses the substance, or whether someone has a substance use problem”. Because of this, even under Canadian law, employers could have employees undergo a drug test if it is reasonable.
The Complications of Drug Testing
Unfortunately, drug tests cannot detect whether someone is impaired by a drug at the time of the test. This can make things complex for the employer and has led to numerous court cases involving employees and human rights organizations acting on behalf of employees who have contested drug testing by employers in the workplace.
Meanwhile, The Centre for Addiction and Mental Health does not recommend testing employees but any reason other than if there is evidence that substance use is compromising workplace or public safety or is directly affecting job performance.
Alberta Human Rights and Citizenship Commission also stated based on current human rights case law:
- Drug and alcohol testing are only allowable in certain circumstances
- It is discriminatory to test potential or existing employees for drug and alcohol use if the testing is not reasonable and justifiable
- There is a duty to accommodate people with disabilities in the workplace, up to the point of undue hardship. Drug and alcohol dependency, whether perceived or real, fall within the meaning of disability under the Human Rights, Citizenship and Multiculturalism Act
So, what is the bottom line? The testing for drugs might be only implemented in the workplace as part of a well thought out and carefully considered policy.