While this decision is a significant win for employers in the realm of drug and alcohol testing policies, we caution employers that the nature of their operation, the manner in which their drug and alcohol testing policies are drafted, and
the individual circumstances of each incident are crucial and will impact whether such a policy will be upheld in another workplace.
Not exact matches
Whether deciding school policy for an upcoming year or debating the consequences for an
individual student arising from a single
incident of misbehavior, educators juggle several factors: striking a balance between an orderly campus and a welcoming climate conducive to learning; protecting the safety
of all students while recognizing the rights
of individuals; treating students equitably but, when warranted, considering
individual circumstances that influence behavior; and, in concert with every school's educative mission, convincing students who are behaving badly to correct their behavior while also standing ready to banish anyone who interferes with the learning
of others.
However, as noted in the Blue Mountain decision, the definition
of «workplace» will be specific to the facts
of the
individual case and so there remains some degree
of uncertainty as to under what
circumstances an
incident may still fall outside the scope
of the employers reporting obligation.