Worker told to hit the road after drug test refusal

Company policy stated refusals would result in discipline including dismissal, but positive test would bring assistance
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 07/06/2016

An Alberta company had just cause to dismiss an employee for refusing to take a drug and alcohol test following a workplace incident as specified by company policy, an adjudicator has ruled.

Dallas Mielke was a professional truck operator hauling loads for Entrec Corporation, a heavy haul and lift company based in Bonnyville, Alta. Much of the company’s business involved moving and lifting large items for clients in the oil and gas industry.

Hired in 2010, Mielke had a few instances of discipline on his record, including when he scraped the side of a trailer with a backhoe he was unloading, a minor collision between his and another truck and an occasion when he was issued a non-compliance form for not wearing his safety glasses and not signing on to a safety meeting.