Is pre employment drug testing legal in Ontario?

Pre-employment drug testing in Ontario is generally not permissible; The Ontario Human Rights Commission (“OHRC’) has stated that: “Since drug testing cannot be shown to actually measure impairment, pre-employment drug testing should not be conducted.

Employers within Canada must exercise caution when implementing drug testing policies. An employer may appropriately institute drug or alcohol testing for safetysensitive jobs in four circumstances: (1) pre-employment; (2) reasonable cause; (3) post-incident; or (4) random.

The Ontario Human Rights Commissions states that, “drug and alcohol testing can only be justified in very narrow circumstances – where there are health and safety concerns in dangerous work environments in which people are doing safety-sensitive work.” So, the onus is on the employer to prove that a job is safety …

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Can you refuse a pre employment drug test?

You have the right to refuse a drug test, and the employer has the right to refuse you a job on that basis. State laws may impose some procedural rules on how an employer tests. For example, the employer may have to use a certified laboratory or give you an opportunity to explain a positive result.

Do companies drug test after pre employment?

If a company tests for drug use, it is most often part of the pre-employment screening process and would be required after the employer has offered the prospective employee a job, pending the results of the drug test. A failed drug test could result in the job offer being withdrawn.

Can you ask for a retest for drug test?

Candidates may request a retest of the original urine sample within five working days after notification of a positive test result. This retest is at the expense of the candidate, unless the original test result is called into question by the retest.

What is the most common pre employment drug test?

Urinalysis – A urine test is the most common form of pre-employment testing and is typically conducted once a conditional offer of employment has been sent. A urine test can show traces of drug use even after the effects of the drug has worn off and remain in the body for an extended period of time.

Can I refuse a random drug test at work?

Employees may refuse to take a workplace drug test – but they can also be fired for that refusal. An employer only needs to demonstrate they had good reason to believe someone was a safety hazard or was unable to perform their job.

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Can I be randomly drug tested at work?

Random drug screen.

If your company policy allows for random drug screens, an employer can test an employee at any time. This can be especially important in high-turnover industries or for employees working in safety-sensitive positions.

Can my boss drug test me?

In most cases, an employee seeking first-time employment can be tested as a condition of employment, even if there is no cause or reason to believe that the prospective employee has been taking drugs. The employer, however, must test all incoming employees for drugs and may not single you out for special treatment.

Does a failed drug test go on your background check?

What causes a red flag on a background check? There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test.

What happens if you test positive on a pre employment drug test?

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.

What happens if I fail a DOT drug test?

What happens if I fail my DOT drug test? If you fail your DOT regulated drug test, DOT regulations require your employer to immediately remove you from performing any DOT safety-sensitive job. There may be other consequences, too, like losing your certification or license.

What is tested in a pre employment drug screen?

A typical urine drug test for employment purposes screens for drugs including amphetamines, cocaine, marijuana, methamphetamines, opiates, nicotine, and alcohol. Urine tests may be required as part of pre-employment screening or may be conducted randomly by employers, especially for employees in certain occupations.

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Will I fail a drug test if I drank the night before?

It is possible for your system to still have enough alcohol in it the next morning that you could fail a urine or blood test for driving under the influence. You would definitely have a problem trying to pass a test that is designed to detect the presence of any alcohol.

What should I avoid before a drug test?

For 24 hours prior to collecting the specimen, you should avoid strenuous exercise as well as the following substances and drugs:

  • Acetaminophen.
  • Alcohol.
  • Antihistamines.
  • Aspirin.
  • Caffeine.
  • Vitamin B.
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