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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100407
Experience:  Lawyer
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I was at the hospital for a work injury and my employer sent

Customer Question

Hi, i was at the hospital for a work injury and my employer sent a guy there that performed a drug and alcohol test on me after i was medicated with heavy pain killers. can they do that
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

Were you ask for your consent? Did you know who the guy was and why he was there?

Did they find drugs or alcohol in your blood?

What has your union done?

Customer: replied 1 year ago.
i did give them my consent . never met the guy before but understood his reason for being there
no alcohol but mass amounts of opiates, morphine, codeine, ex. THC
my union has not got back to me and i can't get a hold of them
Expert:  Debra replied 1 year ago.

So some of what they found was not what was provided by the hospital then?

And so they are going to conclude, correctly, that you had taken these drugs before getting hurt at work. Is that the issue here?

Customer: replied 1 year ago.
but i don't use drug at all during my week of work and if at all rarely on my time off. is this test deemed accurate and be used against me?
They also want me to pass another drug test before i return to work and sign a 2 year agreement/probation that states i can not have any drugs at all in my system and allows them to randomly drug test me. i don't care about taking another drug test but don't think i should be subjected to a 2 year random drug testing after i have already passed a test prior to this incident, am i in the right
Expert:  Debra replied 1 year ago.

Is this about safety?

Customer: replied 1 year ago.
this is about my rights as an employ and as a human being, this is my second incident in 16 years. I'm sure from there eyes there calling it a safety issue
Expert:  Debra replied 1 year ago.

What is your job?

Customer: replied 1 year ago.
i am a captain of small tugboats on the Fraser River, with a 2 man crew(a deckhand and myself). i tow logs up and down the river with the occasional barge assist/tow
Expert:  Debra replied 1 year ago.

The law about drug testing is constantly changing but essentially it can be discrimination if they treat you differently because they believe you have a substance abuse issue unless this treatment is reasonable.

It is clear that they have a strong obligation to keep the workplace safe and requiring all employees to be free for the influence of drugs is not going to be considered unlawful.

But the can only test if the testing goes to your ability and not just to whether you have consumed a drug. And they cannot have a system that provides for automatic discipline if you are found to have a used a drug when the test is done.

They also cannot decide you have a substance abuse problem just because you have been seen to have used drugs.

On the other hand they are doing this because there was an incident and courts find that this approach has merit.

They will have to prove that this testing is necessary to ensure safety in the workplace.

So whether the testing will be allowed will depend on these various factors. But if you are saying that you only consumed these drugs on your off time and that even if they are still in your blood they are not longer affecting your ability and can prove that they could not discipline you if the results of the test show drug use.

I am sure your union has a policy about how to handle this and knows the law and there may even be something in your collective agreement that covers this.

Does this help at a starting point.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 1 year ago.

Is there anything I can help you with at this point in time?

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