Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

I live in Nova Scotia and work in a safety sensitive

Customer Question
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: 8 months ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 3 minutes by:
12/6/2017
Lawyer: Debra, Lawyer replied 8 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,060
Experience: Lawyer
Verified

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.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 8 months ago

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

Are you federally regulated?

Ask Your Own Canada Law Question
Customer reply replied 8 months ago
Thank you
Customer reply replied 8 months ago
federally regulated
Lawyer: Debra, Lawyer replied 8 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.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 8 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.

Ask Your Own Canada Law Question
Customer reply replied 8 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 8 months ago

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

Ask Your Own Canada Law Question
Customer reply replied 8 months ago
Is there a body of government that regulates the practice of drug testing in the workplace?
Lawyer: Debra, Lawyer replied 8 months ago

No there isn't.

Ask Your Own Canada Law Question
Customer reply replied 8 months ago
Ok last question, what recommendations do you have for pursuing this issue anonymously?
Lawyer: Debra, Lawyer replied 8 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.

Ask Your Own Canada Law Question
Lawyer: Debra, Lawyer replied 8 months ago

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

Ask Your Own Canada Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,060
106,060 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

106,060 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

250 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I have a human rights and discrimination Question I have
I have a human rights and discrimination Question I have been employeed with my company for 3 and half years with a spotless record no abenstee or sick days. Over the last 2 years I have been prescrib… read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
Im an electrician and a registered medical marihuana user
I'm an electrician and a registered medical marihuana user and recently have been denied employment is this not a violation of my human rights?… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
I am a recovering alcoholic and I work as a delivery driver
I am a recovering alcoholic and I work as a delivery driver that services Vancouver. My workplace is unionized. I am planning to have a baby so I need to take time off and attend a rehab program and I… read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
I was recently on a Shell site in northern Alberta with a 0
I was recently on a Shell site in northern Alberta with a 0 drug and alcohol policy. Basically they are permitted to use a dog to sniff out drugs. A dog picked out my room and they searched my room ba… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
Good day.My current employer in Canada is still conducting
Good day. My current employer in Canada is still conducting random drug and alcohol testing(considered safety sensitive). Even after the Supreme Court's ruling on June 14/13 basically ruling against r… read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
I WORK ON AN OIL RIG AND THERE WERE 3 INCIDENTS ON THE RIG...AT
I WORK ON AN OIL RIG AND THERE WERE 3 INCIDENTS ON THE RIG...AT THE TIME OF THE INCIDENTS I WAS NOT ON THE RIG OR EVEN WORKED ON IT....THE TOOL PUSH GOT FIRED AND I CAME OUT TO FILL IN...THERE HAS NOT… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
For a lawyer familiar with British Columbia law. I would like
For a lawyer familiar with British Columbia law. I would like to know my rights with regards XXXXX XXXXX urine drug testing at work. I work as a paramedic and my position has been deemed safety sensit… read more
Law.Hut
Law.Hut
Lawyer
Law degree (Juris Doctor)
6,458 satisfied customers
how do i file a complaint of bullying, intimadation and harassment
how do i file a complaint of bullying, intimadation and harassment in the workplace in nova scotia… read more
CriminalLawyerTO
CriminalLawyerTO
27 satisfied customers
I live in nova scotia my employer implemented a drug policy.
I live in nova scotia my employer implemented a drug policy. I have been with the company 13 years. The policy came into effect in July. I passed the hair test with no problem and I really have no pro… read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
I am a truck driver holding an AZ licence. Employed for only
I am a truck driver holding an AZ licence. Employed for only 6 weeks with this company.While I was OFF duty and "layed over" at my work place, A friend picked me up and drove me to have a couple of dr… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,186 satisfied customers
Im a canadian citizan working in canada for a US company doing
Im a canadian citizan working in canada for a US company doing random drug test in canada do i have to comply with ther tests… read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
This year xmas,boxing day & newyears day are falling on week
This year xmas,boxing day & newyear's day are falling on week ends. According to the Canadian labour code 193.(1) 7 193.(2) an employer must move the holidays preceding or following the week end. The … read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
I have a question about the Canadian Model for Providing a
I have a question about the Canadian Model for Providing a Safe Workplace, specifically Employers' Duty to Accomodate following a Positive Drug test. I have been reading some of the case law and would… read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
My wife suffered significant trama as a child , at the hands
My wife suffered significant trama as a child , at the hands of a family member, then a very abusive boyfriend. She has been diagnosed with manic depression, a personality disorder , depression and ot… read more
Yossarian (user name)
Yossarian (user name)
Bachelor's Degree
957 satisfied customers
We have an employer that wants to implement a drug & alcohol
We have an employer that wants to implement a drug & alcohol testing program for safety sensitive jobs. It may be random. Do we have any legal options in fighting this?… read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
My company has a manditory retirement policy at age 65. I want
My company has a manditory retirement policy at age 65. I want to continue working beyond age 65. What responsibility does the company have if they don't want me to continue working beyond age 65.… read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
i left my job to go back to school to take a CCA course. My
i left my job to go back to school to take a CCA course. My employer offered the course once but i was not allowed to take it because I already worded there i haave been employed there for 5 years. I … read more
Debra
Debra
Lawyer
Doctoral Degree
106,060 satisfied customers
How is random drug testing usually administered . I recently
How is random drug testing usually administered?. I recently missed a shift at work due to personal reasons and my company required me to undergo an independent evaluation from an addictions specialst… read more
Flagbridge-CDN
Flagbridge-CDN
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x