Random testing must have union approval but door still open for non-union employers
Attempts by Ontario employers with unionized workplaces to deter alcohol and drug impairment in the workplace with random testing programs may have been foiled by the Ontario Court of Appeal. The court, in a unanimous decision, has upheld an arbitrator’s ruling that employers cannot implement random drug and alcohol testing in a unionized workplace without collectively bargaining for permission in the collective agreement and obtaining union consent.
