The Supreme Court of Canada has ruled that mandatory random alcohol and drug testing of unionized employees at the Irving Pulp and Paper plant in New Brunswick was unreasonable. The majority opinion stated “A unilaterally imposed policy of mandatory random testing for employees in a dangerous workplace has been overwhelmingly rejected by arbitrators as an unjustified affront to the dignity and privacy of employees unless there is evidence of enhanced safety risks, such as evidence of a general problem with substance abuse in the workplace…In this case, the expected safety gains to the employer were found by the board to range from uncertain to minimal, while the impact on employee privacy was severe.” It ruled that the employer had not demonstrated the necessary safety concerns that would justify random universal testing.
Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., 2013 SCC 34 (CanLII)
