Sentences with phrase «random alcohol test»

PHMSA - and USCG - regulated employees should not to be placed in random alcohol testing pools.
Ultimately, the Court found that «random alcohol testing was... held to be an unreasonable exercise of management rights under the collective agreement».
In February of 2006, Irving Pulp & Paper Mill («Irving») had implemented a random alcohol testing policy whereby 10 % of workers who held safety sensitive positions were to be randomly selected for breathalyzer testing over the course of a year.
The Supreme Court of Canada has granted the union leave to appeal a decision of the New Brunswick Court of Appeal dealing with the scope of an employer's ability to require employees to submit to random alcohol testing.
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.
Hopefully the Supreme Court will use this opportunity to lessen the legal ambiguity surrounding the use of mandatory random alcohol testing in safety - sensitive workplaces, as the provinces have been divergent on this issue.
As such, the Court noted that the dangerousness of the workplace is only one factor to consider in assessing whether it is justifiable to implement a random alcohol testing policy.
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.
«Supreme Court rules random alcohol testing not permitted without evidence of a significant workplace problem» (co-author), Brussels European Employee Relations Consultants (BEERG) and HR Policy Association, February, 2014.
Generally, random alcohol testing of employees who occupy safety sensitive positions has been held to be permissible.
When the matter was first dealt with by an arbitration board, it weighed the employer's interest in random alcohol testing against the harm of the policy to employees» privacy interests.
Irving clarified when an employer, in a unionized environment, could conduct random alcohol tests.
With respect to random alcohol testing, the board concluded that the employer's evidence did not distinguish between unionized employees, non-union employees and contractors on the worksite.
Today, a majority of the Supreme Court of Canada upheld an arbitration award which concluded that a random alcohol testing policy for use in a safety sensitive workplace was not justified.

Not exact matches

Evidence shows that the most effective policies to reduce alcohol harms, including harms to others, are: - Raising the price of the cheapest alcohol, through taxation and minimum unit pricing - Regulating the density of outlets that can serve alcohol and restricting the permitted hours of sale - drink driving laws, including a lower legal blood alcohol limit and random roadside breath tests - Screening and brief advice for people who are at risk of drinking to a level that is harmful to themselves and others However, the most effective approach is a comprehensive, multi-sectorial set of measures that work together to reduce levels of harmful drinking.
It also included random drug and alcohol testing for certain jobs considered «safety sensitive,» including corrections officers, public safety dispatchers and probation officers.
(NCAA Press Release) The Nigerian Civil Aviation Authority (NCAA) has conducted a random alcohol and drug tests on licensed aviation personnel in the industry.
The Hawaii State Teachers Association has ratified a new contract that will require its members to undergo random drug and alcohol testing — a requirement unusual for public school teachers — as the price for receiving a 4 percent salary increase each year over the next two years.
NOTE: Employers (and C / TPAs) subject to more than one DOT Agency drug and alcohol testing rule may continue to combine covered employees into a single random selection pool.
In addition to random testing, truck and bus companies are further required to perform drug and alcohol testing on new hires, drivers involved in significant crashes, and whenever a supervisor suspects a driver of using drugs or alcohol while at work.
Federal safety regulations require that truck and bus companies that employ CDL drivers conduct random drug and alcohol testing programs.
(b) You may combine employees from more than one employer or one transportation industry in a random pool if permitted by all the DOT agency drug and alcohol testing regulations involved.
For example, if an employee tells you that the employer misidentified her as the subject of a random test, or directed her to take a reasonable suspicion or post-accident test without proper grounds under a DOT agency drug or alcohol regulation, you must inform the employee that you can not play a role in deciding these issues.
The following chart outlines the annual minimum drug and alcohol random testing rates established within DOT Agencies and the USCG for 2016.
Question Multiple Locations and Random Testing: Can an employer make random drug and alcohol testing selections by terminal if the company has multiple locTesting: Can an employer make random drug and alcohol testing selections by terminal if the company has multiple loctesting selections by terminal if the company has multiple locations?
NEW ** FRA has developed model compliance plans to assist railroads and their regulated service contractors in complying with Part 219 requirements, with updates of Part 219 regulatory requirements and the addition to random drug and alcohol testing of Maintenance of Way Workers, as defined by the definition of «Roadway Worker» in Part 214.7, which become effective June 12, 2017.
The Annual Drug and Alcohol Information Survey results are used to determine the random testing rates for the following year.
(Sec. 5402) Revises the requirement that motor carriers conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for controlled substances or alcohol.
Question Management of Drug and Alcohol Testing: Does an employer have to join a consortium / pool in order to have its drivers be random drug tested, or can this program be managed by the employer?
TADTS currently uses the DrugPak ® software suite which is the premier random drug and alcohol testing management software available today.
DATCS» Collectors are ready, willing and able to perform drug and alcohol testing, whether in - house in one of our four branches, or on - site at your location for randoms or post-accident testing.
You are subject to unannounced random drug & alcohol testing.
Private schools often use random breath alcohol testing to monitor day to day behavior of students.
The Senate will consider a bill that would provide for random drug and alcohol testing for aviation, rail, and motor carrier employees
In a unanimous decision, the Alberta Court of Appeal reversed an arbitration board's decision that struck down Suncor's random drug and alcohol testing policy.
The Court of Appeal decision does not endorse random drug and alcohol testing at Suncor or elsewhere.
The FMCSRs take drunk and drugged driving very seriously and even require trucking companies to perform random drug and alcohol tests on drivers, as well as after certain types accidents.
Suncor introduced random drug and alcohol testing in 2012.
What they disagreed on was Suncor's use of random drug and alcohol testing as a part of that safety plan.
In 2012, Suncor implemented random drug and alcohol testing for workers in safety - sensitive positions at some of its sites in the Fort McMurray area.
Some of the rules of probation include: commit no offenses, perform community service hours, pay a fine, pay court costs, not use drugs or alcohol, provide random urine tests, attend counseling or therapy, work faithfully or attend school full - time.
The Court of Appeal decision is not an endorsement of random drug and alcohol testing at Suncor or elsewhere.
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.
Ultimately, Suncor demonstrates that random testing may be a justified safety measure where there is evidence of a general problem with drugs and alcohol in the workplace that can not otherwise be effectively addressed through other reasonable measures (i.e. education, training, supervision and / or other forms of testing and a sound policy).
The case represented the next chapter in the years - long battle between Suncor and Unifor, Local 707A over whether random drug and alcohol testing is a reasonable safety measure.
Citing Abella J's majority decision in Irving, the court explained that the test for whether random drug and alcohol testing is justified is defined in terms of whether there are special safety risks.
A truck accident lawyer can examine whether or not the trucking company was conducting adequate drug and alcohol screening and random testing, and whether the driver was intoxicated or under the influence of a controlled substance at the time of the accident.
For random and unannounced drug / alcohol testing in a safety sensitive environment, the goal would be that the employees performing the job are doing so under conditions that do not compromise safety.
Current regulations require that anyone who operates a commercial truck or other vehicle that requires a driver to obtain a commercial driver's license submit to both pre-employment and random drug and alcohol tests.
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