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.
Not exact matches
In a
workplace that is
dangerous, employers are generally entitled to test individual employees who occupy safety sensitive positions without having to show that alternative measures have been exhausted if there is «reasonable cause» to believe that the employee is impaired while on duty,
where the employee has been directly involved in a
workplace accident or significant incident, or
where the employee is returning to work after treatment for substance abuse.
The Supreme Court of Canada has concluded that a
workplace policy which provides for random alcohol testing is not justified when there is an absence of evidence of an existing problem with alcohol use in the
workplace, even
where the
workplace is considered inherently
dangerous.
Occupational Health & Safety: Pregnancy Dionne v. Commission scolaire des Patriotes et al. (Que.C.A, Apr. 2, 2012)(34854) May 1, 2014 The pregnancy of a supply teacher is not an incapacity that prevents her from performing her work, but
where the
workplace is a
dangerous environment, that triggers her statutory right to substitute that work with a safe task or withdraw.