Can an employee be identified as a user of drugs or alcohol on the job?
Canada (Federal), Canada
The following excerpt is from Witwicky v. Canadian National Railway, 2007 CHRT 25 (CanLII):
In this case, the respondent's policy is not directed at identifying all users of drugs or alcohol. Rather, it imposes sanctions against those whose are identified as possessing or consuming drugs or alcohol on the job. There is nothing in the policy preventing employees from using alcohol as long as they do not do so on the job or as long as it does not affect their capacity to perform their duties. (See also, Middlemiss v. Norske Canada Ltd, 2002 BCHRT 5, at par. 25.).
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