Drug screening near me10/20/2023 ![]() To conduct a post-incident drug test, the employer must have reason to believe that the employee’s acts or omissions could have been a contributing factor to the incident AND that the employee was likely impaired at the time of the incident. Post-incident drug testing should be conducted as soon as reasonably possible. In certain circumstances, employers are permitted to drug test an employee after an incident occurs within the workplace. Additionally, the policy should specify if an additional drug test is required for the employee to return to work after a breach. Suspicion may manifest in the form actions, behavior, or physical characteristics that give rise to impairment.Įmployers should determine what constitutes a policy breach in the company Drug and Alcohol Policy. 2 The suspicion should arise from an objective measure of the employer’s subjective view of the employee. For example, when an employee exhibits signs that “sufficiently arouse the employer’s suspicion of impairment,” a drug test would be reasonable. 1 REASONABLE CAUSE DRUG TESTINGĮmployers may conduct drug testing when there is reasonable cause to suspect impairment on the job, constituting a company policy breach. This information should be noted in the company drug and alcohol policy.Įmployers must note that an employee’s failure or refusal to submit to a pre-employment drug test cannot necessarily result in a withdrawn offer of employment. To justify pre-employment drug testing, the employer must be able to show risks, inherent in the workplace, that (1) make the work highly dangerous or (2) result in workplace accidents or mistakes. The Canada Human Rights Commission defines a safetysensitive position as one where the “employee has a direct role, with limited supervision, in a workplace operation where impaired performance could result in a catastrophic incident affecting the health and safety of the employee.” A safety-sensitive position may also be one where incapacity due to drug or alcohol impairment could directly injure employees or others in the work environment.Įmployers may only institute drug testing policies for employees in safety-sensitive positions. ![]() However, several requirements and restrictions exist that limit drug and alcohol testing in these given scenarios. Employers within Canada must exercise caution whenĪn employer may appropriately institute drug or alcohol testing for safetysensitive jobs in four circumstances: (1) pre-employment (2) reasonable cause (3) post-incident or (4) random.
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