Can Employers Ban Workers From Using Cannabis In Their Private Lives After Legalizati
- Thread starter Grace Woodbine
- Start date
That's wrong.
Unless it's a "safety sensitive position" (which is narrowly defined by the courts), generally speaking drug testing is not legal for employers in Canada. There's a whole field of case law on this stuff and it's constantly evolving. There's pre-employment screening, random drug testing, post-incident testing, etc. It's quite complicated to sort out.
But generally speaking, an employer is not legally entitled to ask you for a drug test. Now if they believe you're unfit for duty (inebriated for example), different story. But just showing up to work and being asked to take a piss test, nope, not legal.
If you're really interested, google the Imperial oil case.
What you mean is: They can try, and you can fight it out, but they can't fire you for 'disobeying'. If they care that much they'll have to find some other excuse to let you go.
And you can fight that.
It will be treated like alcohol, you can not be under the influence or inebriated. We are going through training right now on how to deal with it as well from a safety standpoint. Can have people high operation heavy machines.
Employers will demand that employees report "fit for duty" and they will define what fit for duty means. In a nutshell, policies will be tailored to read, "an employee who reports to work must be fit for duty. Fit for duty means 0 percent alcohol and 0 percent pot in your blood" (paraphrasing here).
You don't want a guy operating a crane who is hung over or still under the influence.
You don't want a truck driver, a cop, an airline pilot, etc. etc. The list is endless.
You don't want a guy operating a crane who is hung over or still under the influence.
You don't want a truck driver, a cop, an airline pilot, etc. etc. The list is endless.
You are wrong if you actually believe this
Nationally over 10% of Canadians are subjected to random drug tests by employers
This number jumps in "problem" provinces (eg BC is nearly DOUBLE the national average)
Any workplace safety can be tested (driving a truck, handling machinery, etc)
Here is ON human rights
http://www.ohrc.on.ca/en/policy-drug-and-alcohol-testing-2016
Imperial Oil was not against RANDOM drug testing
The ISSUE with Imperial Oil was that it was DISCRIMINATORY against one specific individual (he admitted to having a problem in the past and then they specifically TARGETED HIM for extra "random" tests and made him change jobs)
Case is here:
http://www.ohrc.on.ca/ko/node/10056
Just work in an office and you can easily smoke on the job
As long you’re showing up to meetings, dialing into the calls, and handing your reports in.. nobody will notice. If your eyes are red people just assumed you’re tired
If only they knew what I do every smoke break lol . Oh yeah you’ll need a vaporizer
As long you’re showing up to meetings, dialing into the calls, and handing your reports in.. nobody will notice. If your eyes are red people just assumed you’re tired
If only they knew what I do every smoke break lol . Oh yeah you’ll need a vaporizer
Wouldn't it be like booze? It's legal but you can't go to work hung over or try to work drunk and you can't drink while working.
And just how would anyone detect or measure that? How would it differ from f'rinstance brain effects of long term-exposure to Satanism, to extreme right or left wing politics or not having picked up a book or had a rational thought since the age of 16? And could you defend against dismissal because your brain was born that way? How would the base-line brain function be established, pre-longterm use?
I work with a large mining company owned outside of Canada. We currently operate several different mines in several different provinces. Pre employment 5 panel drug screening is required, as well post incident 5 panel drug testing. If your a witness to an incident or accident you also may be subject to the testing. Recently we introduced training for supervisors and upper management to recognize impairment at work. A fairly strict and difficult process for having a suspected impaired employee, subjected to drug tested is developed, and used. All 5 panel drug testing requirements exclude alcohol testing, as its done separately. Currently the piss in a cup test is used, and a breathalyzer for alcohol.
ALL jobs on the mine site are listed as “Safety Sensitive”. Therefore all employees, contractors, visitors are subject. This is our 8th year using this drug testing and screening in Canada. Only recent changes were: pre employment no longer has to be a hair follicle drug test (goes back roughly 3 months on your drug use habits).... now it’s a piss test.
It’s becoming fairly common. There was a lot of confusion and whining happening when it was first introduced. Now, it just seems normal.
ALL jobs on the mine site are listed as “Safety Sensitive”. Therefore all employees, contractors, visitors are subject. This is our 8th year using this drug testing and screening in Canada. Only recent changes were: pre employment no longer has to be a hair follicle drug test (goes back roughly 3 months on your drug use habits).... now it’s a piss test.
It’s becoming fairly common. There was a lot of confusion and whining happening when it was first introduced. Now, it just seems normal.
Employers can do whatever they want.
It's like any job asking for a police background check, which I've had to do. Clean record and they paid me back the fee and got hired.
If I had a record, they probably wouldn't touch me even if I've been a great guy since any kind of conviction 20 years ago.
It's like any job asking for a police background check, which I've had to do. Clean record and they paid me back the fee and got hired.
If I had a record, they probably wouldn't touch me even if I've been a great guy since any kind of conviction 20 years ago.
Sounds like Rio Tinto.
No employer of any note wants stoners working for him. Whether it's legal or not.
