Employee given choice between job and dope

Random drug testing a bona fide job requirement for trucking company doing business in U.S.: Arbitrator
By Lorna Harris
|Canadian Employment Law Today

Rick McLean, a driver for Lambeth, Ont.-based trucking company Allied Systems for nearly eight years, was terminated after failing his third random drug test for marijuana use. He had not been disciplined after the first positive test, but after the second one he was suspended and warned another positive test would prove fatal to his employment. The warning seemed straightforward enough and the outcome, when he failed a third test, was unsurprising. However, the situation wasn’t as clear-cut as it appeared.

In Canada, mandatory random drug testing for all employees in a safety sensitive workplace is not considered a reasonable exercise of management rights. Random testing may be done only if expressly negotiated, if there is reasonable cause, if there has been an incident justifying it or if it is part of a rehabilitation program. Canadian rules are based on the fact random tests for marijuana and other drugs may show evidence of past use but not necessarily present impairment.

Company operating in U.S. must follow U.S. regulations