Sentences with phrase «inherently dangerous workplaces»

Further, the Supreme Court noted that safety has never been held to justify random testing even in the case of «highly safety sensitive» or «inherently dangerous workplaces» such as railways and chemical plants or those that pose a risk of explosion in the absence of a «demonstrated problem with alcohol use in that workplace» (CEP at para 45).

Not exact matches

Although there was no dispute that the workplace was a dangerous one, the Supreme Court determined that the simple fact that a workplace might be «highly safety sensitive» or «inherently dangerous» did not, in and of itself, justify the implementation of a random alcohol testing policy.

Industrial workplaces are considered inherently dangerous, and they can result in more serious injuries than other work sites.

In doing so, the Supreme Court overturned the New Brunswick Court of Appeal's decision that had concluded that an employer can implement a policy for mandatory random alcohol testing so long as (1) the workplace is «inherently dangerous», and (2) the policy only applies to individuals in safety sensitive positions.

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.

The workplaces are inherently dangerous, involving such hazards as working with or around heavy equipment, including heavy haul trucks, cable and hydraulic shovels, high voltage power lines, radiation, chemicals, explosives, high temperature steam, high pressure piping, high pressure, flammable liquids and gases, and in blast zones.

With the advent of Ralph Nader and the consumer rights movement in the US in the 60s and 70s, the law began to turn against manufacturers and employers, and away from the traditional fatalist view that workplaces were inherently dangerous places.