The Ontario Superior Court of Justice has upheld the dismissal of a long-haul truck driver who tested positive for cannabis during a second random drug test in McCarthy v. Bison Transport Inc. The court found that termination for cause was justified because he held a safety-sensitive position, understood the company’s testing policy and had previously been warned about the consequences of another failed test.
The plaintiff worked for Bison Transport as a long-haul driver on routes between Canada and the United States, making his role safety-sensitive and subject to mandatory random drug and alcohol testing. Bison clearly communicated its testing policy during his orientation in October 2013. The driver signed documents acknowledging the company’s zero-tolerance approach and understanding that violations could result in dismissal.
After testing positive for cannabis in November 2014, the driver was placed on unpaid leave, assessed as not having an addiction, required to complete an educational program and warned that another failed test could lead to immediate dismissal. When he tested positive again in 2017, Bison terminated him for cause, and the court later rejected his wrongful-dismissal and human-rights claims.
The court ruled that random drug testing of commercial drivers serves a legitimate road-safety purpose and upheld the driver’s termination for cause after his second failed test. It found that Bison’s policy was clearly communicated and consistently enforced, that the consequences were proportionate, and that the driver understood another positive result could lead to dismissal.
In addition, the court dismissed the human-rights claim, finding that a positive drug test alone did not establish a disability and that, because the driver had been assessed as not having an addiction, Bison had no duty to accommodate him.
According to a legal analysis published by JD Supra, the case offered several key lessons for employers. Specifically, the analysis suggests that this decision shows that employers in safety-sensitive, regulated industries should clearly communicate and consistently enforce drug-testing policies, while offering appropriate assessment and support after a first positive result. Moreover, the analysis also highlighted that a failed drug test does not automatically establish a disability or require accommodation, although employers must consider accommodation when an employee has or is reasonably perceived to have a substance-use disorder.
