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I live in Nova Scotia and work in a safety sensitive

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position. My employer is in...
I live in Nova Scotia and work in a safety sensitive position. My employer is in the process of implementing a random drug testing policy to US-DOT standards with cutoff levels for positive results determined by the United States department of health, though we do not cross the border regularly if ever. Based on our pre-employment, post accident and reasonable cause testing, there is no history of problems with drugs or alcohol.
Based on my research, the Canadian Human Rights Commission is clear on the effectiveness/validity of random drug testing. I have contacted the Canada Labour board, they are in their words “silent” on the matter. The Nova Scotia Human Rights Commission has no policy on the matter. It seems now that my only course of action is to file a complaint with the Canadian Human Rights Commission.
I know you have provided advice to similar inquiries in the past, and I am wondering if there is any information I am missing. What is my best course of action going forward?
Submitted: 4 months ago.Category: Canada Law
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Answered in 3 minutes by:
12/6/2017
Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,894
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 4 months ago

I am sorry to hear that you are in a difficult situation.

Are you federally regulated?

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Customer reply replied 4 months ago
Thank you
Customer reply replied 4 months ago
federally regulated
Lawyer: Debra, Lawyer replied 4 months ago

I will answer you in a couple of minutes. I just want to be sure there is no case law that I may have missed in the last little while.

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Lawyer: Debra, Lawyer replied 4 months ago

The Canada Human Rights Commission does have a short paper that you can read here:

http://www.addictionconsulting.com/media/drugpolicy.pdf

As you can see random alcohol testing may be permissible in your situation but random drug testing is not permitted.

So yes your best next step is to file a complaint with the Canadian Human Rights Commission whom I believe you will find very helpful. They tend to be excellent to deal with.

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.

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Customer reply replied 4 months ago
Is there any requirement for my employer to qualify legally to conduct this type of testing? Or any body of the government that regulates this practice? It seems like they are implementing the policy with the hopes that everyone will comply without question.
Lawyer: Debra, Lawyer replied 4 months ago

They do not have to do anything from a legal point of view.

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Customer reply replied 4 months ago
Is there a body of government that regulates the practice of drug testing in the workplace?
Lawyer: Debra, Lawyer replied 4 months ago

No there isn't.

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Customer reply replied 4 months ago
Ok last question, what recommendations do you have for pursuing this issue anonymously?
Lawyer: Debra, Lawyer replied 4 months ago

No I don't think that will work.

I have dealt with this Commission before. They are highly skilled.

You can call them and discuss the issue and you can say you are worried about reprisals.

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Lawyer: Debra, Lawyer replied 4 months ago

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

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