Ontario arbitrator rules against random workplace drug tests

A step forward for the rights of workers

Toronto (6 July 2007) - An arbitrator has ruled that random workplace drug testing is intrusive and constitutes an unreasonable exercise of management rights.

The decision has been handed down in the wake of a grievance filed by the Public Service Alliance of Canada (PSAC) against the Greater Toronto Airports Authority (GTAA) in 2001.

The GTAA drug and alcohol testing policy, implemented without union input, cast a wide net and called for measures such as random urine samples, pre-appointment testing and disciplinary measures.

In reaching the decision, the arbitrator found that a positive drug test does not necessarily indicate impairment. Thus, a link the employer attempted to make with safety issues was rejected. The arbitrator also cited guidance on the issue by the Supreme Court of Canada.

The decision concluded that the GTAA could not justify discriminatory aspects of its policy because testing could not be shown to be reasonably necessary for the accomplishment of a work-related purpose. NUPGE