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“The Supreme Court’s decision makes it clear that employers can’t simply impose random alcohol testing on their workforce. They need to negotiate this question.”
The Supreme Court of Canada released a 6-3 decision on June 14, which ruled that Irving Pulp and Paper Ltd. in Saint John, New Brunswick was unreasonable when the company unilaterally adopted random drug testing in 2006 for employees in safety-sensitive positions.
CEP Local 30 filed a grievance challenging the policy after a worker was chosen randomly by a computer program to take a breathalyzer test.
The test showed a blood alcohol level of zero, but the worker said the test was humiliating and unfair.
The Supreme Court ruled that a dangerous workplace does not give an employer an automatic justification for random testing.
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what do you think the us court would do?
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