In contrast to previous decisions
concerning random testing, the Court found that oral swabs were capable of detecting impairment from drug use.
Not exact matches
It is
concerning that a
random test of colloidal silvers on the market often found ones that are ineffective or even contaminated with bacteria (24).
And although I had a valid prescription for the cough syrup, I was also
concerned that I would
test positive at a
random drug screen at work.
Although there were some small - scale
random - assignment experiments of the effects of desegregation on
test scores, most of what we know today
concerns the relationship between a school outcome such as achievement on the one hand, and racial composition on the other.
(14) With respect to noncompliance with a DOT agency regulation, conduct that affects important provisions of Department - wide
concern (e.g., failure to properly conduct the selection process for
random testing).
There has been significant discussion in recent weeks
concerning the recent Alberta Court of Appeal decision on
random workplace drug
testing.
At arbitration, the Majority Panel ruled in favour of Unifor, holding that Suncor had not demonstrated sufficient safety
concerns within the bargaining unit to justify
random testing.
In ATU the union sought an interlocutory injunction to restrain the implementation of
random drug and alcohol
testing until a decision was reached
concerning the validity of the Toronto Transit Commission's
testing policy.
An employer can impose
random drug or alcohol
testing if it represents a «proportionate response in light of both legitimate safety
concerns and privacy interests.»
For example, an analysis of this concept in the context of
random drug
testing of students engaged in extracurricular activities where the school's common law authority is balanced against constitutional
concerns about privacy under the 4th Amendment is found in the U.S. Supreme Court case Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).
There is no doubt that
random testing policies can infringe upon human rights and raise privacy issues, but the evidence put forward in these cases suggests that, if the threshold
tests for safety and risk in a workplace discussed above are met, appropriate policy design may alleviate most
concerns arising from those areas.
This article is intended to canvass the current legal limits and requirements in Canada, for those employers and organizations
concerned about the safety and security of their operations, who still wish to consider the possibility of
random drug and / or alcohol
testing programs.
Thus, the employer had not demonstrated sufficient safety
concerns that would justify universal
random testing.
Justice Abella did note that there may be dangerous workplaces where
random drug
testing may be justified if it is proportionate in view of both legitimate safety
concerns and privacy interests.
He noted that the conflict is between the privacy rights of employees who would be subjected to
random drug
testing, and the safety
concerns of co-workers who are working with other employees under the influence of intoxicating substances.