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| Energy & Utilities
February 8 2018

Court upholds workplace drug policy

The latest iteration regarding the debate over drug and alcohol testing in the workplace recently came in the form of a decision from the Alberta Court of Appeal in Suncor Energy Inc. and Unifor Local 707A.

In 2012, Suncor began implementing random testing for workers in safety-sensitive positions at various sites. The arbitration panel that was implemented by Unifor, who grieved the testing as an infringement on the workers ' privacy, rejected Suncor's argument, finding that evidence of a widespread substance abuse problem was not specific to a particular group of employees in question.

But, in his judicial review, Justice Nixon found that the arbitration panel improperly focused on the lack of direct connection between Suncor's evidence. The matter will return to the courts for fresh adjudication.