The Court of Appeal of Newfoundland and Labrador has recently overturned a decision of the lower court, which had upheld an arbitration award on judicial review. Consequently, three separate reasons were issued by the Court of Appeal addressing undue hardship limits of accommodation which should be considered by employers regarding impairment from medication in safety-sensitive … Continued
Continue ReadingAccording to a recent article published in the Commercial Carrier Journal, new data released by the U.S. Department of Transportation (DOT) shows that thousands of truck drivers could have already failed a drug test while potentially remaining employed and operating commercial vehicles for months. The Clearinghouse, an online database created by the DOT, holds information … Continued
Continue ReadingIn a recent article published in the U.S. magazine Overdrive, senior editor Todd Dills discussed a statement he received from a drug-testing service provider, according to which police officers would not challenge THC-positive drug test results when truck drivers report using cannabidiol-containing (CBD) products, regardless of what the product’s legal status is in the state … Continued
Continue ReadingIn a recent opinion piece published by the London Free Press, the labour lawyer Howard Levitt discusses his concerns regarding a recent order set by a British Columbia court as an ‘unfortunate and dangerous’ precedent for employers concerned with public safety. Earlier in November, Metro Vancouver’s transit authority, TransLink, was ordered to stop random drug … Continued
Continue ReadingThe legal battle over random drug testing in its northeastern Alberta oilsands facilities has ended for Suncor Energy, with a ruling in favour of the company. Since 2012, when Suncor began randomly testing its safety-sensitive employees for drug and alcohol workplace impairment, the energy giant has been in dispute with Unifor, the union representative for … Continued
Continue ReadingFollowing federal legislation introduced in the House of Commons in April to legalize and regulate the sale and distribution of cannabis on or before July 1st, 2018, Ontario has become the first province or territory to announce a framework that will manage the use and sale of legal cannabis, including online ordering and distribution as … Continued
Continue ReadingThe Canadian federal government has released their final report on the legalization and regulation of cannabis. The report contains detailed information concerning all aspects of legalization and regulation of cannabis including the production, distribution and sale of the substance. As the legalization of cannabis approaches, more questions surrounding impairment and workplace testing policies are being … Continued
Continue ReadingPoints to Ponder about Random Drug Testing The use of random drug and alcohol testing within the workplace is a very hot topic right now and has caused a fair bit of debate amongst unions, employees and employers. The debate in regards to the efficacy and appropriateness of drug testing in the workplace is not … Continued
Continue ReadingAlberta arbitration has called a halt to yet another Canadian employer of unionized workers having the right to include randomized drug testing as part of its alcohol and drug testing policy. The groundwork for this decision began with Irving Pulp & Paper Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30 in June … Continued
Continue ReadingIn Canada, drug and alcohol testing in the workplace is a complex issue. There has yet to be any legislation passed by provincial or federal governments on the topic of drug and alcohol testing, which makes it difficult for employers to develop internal policies. There exists a fine line between testing for drug and alcohol … Continued
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