When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Drug and Alcohol testing
Ask the ExpertDrug and Alcohol testing
hri_Admin asked 3 years ago
Hi, I would like to find out if it is okay for a company to mandate the Drug testing prior to hiring. Also, is it okay for a company to mandate the Drug and Alcohol testing when an employee who drives the company vehicle gets in accident? My company is in BC, MB, ON and QC.
1 Answers
Glenn Demby answered 3 years ago
Caveat: Alcohol and drug testing is very complex and depends on the exact situation and circumstances involved. There are no surefire formulas. But there are some general principles that should help. I'm assuming your employees aren't unionized. If they are, you'll have to negotiate your testing policy with the union. Pre-Employment Testing may be allowed IF: i. the position is safety-sensitive, like an equipment operator; ii. you consistently test ALL applicants for the position; Post-Incident Testing may be allowed IF: i. the position is safety-sensitive; ii. You have clearly defined triggers; iii. Those triggers are reasonable and not overly broad--work accidents are usually a legitimate tpost-incident rigger but it may depend on the nature of the accident; iv. You stick to those triggers and don't just claim everything is an incident justifying testing In All Cases: i. You have clear testing policies and procedures describing whom you test and for what reasons; ii. tests are carried out by qualified labs; iii. samples are properly collected and secured before delivery to the testing lab; iv. you keep the test results confidential and don't disclose them to anyone except where required by law and don't use them for any other purpose than the one articulated in your testing policy. If you haven't already, you should search HRI for drug testing. There's all kinds of great analysis, policy templates, case digests and other resources that you can use to ensure your testing policies are legally sound. Glenn
Seiko Harada replied 3 years ago

Thank you Glenn.