Is random drug testing legal in Ontario?

The short answer is no. For the most part, drug testing not only violates the Human Rights Code, but it is also a gross infringement on a worker’s reasonable right to protection of privacy.

Random testing of employees in safety-sensitive positions may be permissible in the following limited circumstances: where the employer is able to show that there is a demonstrated alcohol or drug abuse problem amongst employees in safety-sensitive positions in the workplace and testing is a proportionate response (in …

Are employers allowed to do random drug tests?

In states that have a drug-free workplace program, employers are typically permitted to test after an employee comes back to work after rehabilitation following a positive drug test. They also can test after an accident, based on reasonable suspicion, or even on a random basis.

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Can you get randomly drug tested?

Random drug testing can be more effective at detecting and detering drug use than periodic or pre-employment testing because employees do not know when the drug testing will occur. According to the U.S. Department of Labor, because this type of testing has no advance notice, it can act as a deterrent.

Meanwhile, pre-employment drug testing is allowed in Canada if the job is “safety-sensitive,” which implies a position in which impairment could result in a “catastrophic incident” and impact others. Still, a failed or refused test is not necessarily grounds for a withdrawn job offer.

What do drug test cutoff levels mean?

A sample that produces a drug test level below the cutoff is deemed negative, while a sample that produces a drug test level at or above the cutoff is deemed positive.

Can you be fired for being an alcoholic in Canada?

In Canada, employment law requires accommodation “to the extent of undue hardship.” … An employee who does not behave properly and respectfully in the workplace, or who refuses treatment can be terminated with cause, regardless of their substance addiction.

Does a failed drug test go on your medical record?

According to the Equal Employment Opportunity Commission (EEOC), “if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.” As a best practice, all drug test results should be filed in a confidential …

Can they legally watch you pee for a drug test?

Is that legal? Usually not. Some courts have found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect against tampering with urine specimens.

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Can a company drug test you without notice?

No matter what kind of job you have, the employer can make you take a drug or alcohol test, without prior notice, if: They have reason to think that you are under the influence of drugs or alcohol at work.

Can you be fired for failing a random drugs test?

As an employee, you can always refuse to take a workplace drug test. But, if you are fired because of your refusal, you may have little recourse. (In fact, in some states, you might be denied unemployment benefits if you are fired for refusing to take a drug test.)

Can you be charged if you fail a drug test?

Another situation where failing a drug test could result in criminal charges is during probation. For people convicted of drug charges, the judge’s probation conditions may include abstaining from alcohol or drugs, enforced by random drug testing.

How frequent are random drug tests?

At a 50% testing rate, random drug tests identify 40% of daily users, 8% of monthly users and only 1% of annual users during the course of a year. The estimated rate of illicit drug use among employees is approximately eight times the average random testing positive rate.

Can you still get hired if you fail a drug test?

Pre-employment screening can be more straightforward than screening for existing staff, Phillips said. If an employer makes a job offer contingent on passing a drug test, the offer can generally be rescinded if the applicant tests positive. There may be more steps employers must follow for current employees.

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Can employers do drug tests in Canada?

Employers may conduct drug testing when there is reasonable cause to suspect impairment on the job, constituting a company policy breach. For example, when an employee exhibits signs that “sufficiently arouse the employer’s suspicion of impairment,” a drug test would be reasonable.

Can you ask for a retest for drug test?

It’s also possible there was simply a mistake on the first test. A common drug testing protocol is to divide the test sample into two portions, testing one immediately and saving the other for a retest, in case of a contested positive result. If this happened in your case, ask for a retest of your sample.