Legal Alert: Random Alcohol Testing Upheld
July 6, 2011
On September 20, 2010 the N.B. Court of Queen’s Bench overturned an Arbitration Board and found random alcohol testing of employees in safety sensitive positions is reasonable where,
1) the workplace is dangerous and
2) the form of testing minimally intrudes on employee privacy.
Click here to read McInnes Cooper’s October 2010 Legal Update.
The union appealed. On July 7, 2011 the N.B. Court of Appeal dismissed the appeal and confirmed the Queen’s Bench Decision. It held that where the workplace is found to be “inherently dangerous”, an employer is not required to prove an existing alcohol problem in the workplace before adopting a policy requiring mandatory random alcohol testing.
Watch for our full analysis of this case to be published soon.
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