subject: Urine Testing And You [print this page] Never have the rights of society versus the rights of the individual been in stronger opposition than when it comes to the subject of drug testing in the workplace, but never has it been more necessary. New Occupation Health and Safety Standards on the provincial and federal levels have been increasingly more stringent.
Legislators have deemed it is a shared responsibility to have a safe and secure workplace. Bill C-45 caused an amendment in the Canadian Criminal Code.
Section 217.1 of the Canada Criminal Code states that, Everyone who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task. As supervisors and company owners we must be cognizant of what is happening on the ground level of our business.
Owners of taverns and licensed establishments have been aware of the civil concept of vicarious liability, for several years and over the past two decades have been increasingly aware of legal challenges that could arise if one of their patrons leaves their establishment and another party gets hurt because of their patrons intoxication.
One Alberta Alcohol and Drug Abuse Commissions report, Substance Use and Gambling in Alberta Workplace 2002, states that, 1% of Albertans report use drugs at work, 10% report using drugs other than alcohol (not at work), while 26% report that street drugs are easily accessible near the work site.
In order to comply with municipal, provincial, and federal health and safety regulations we need keep our workers safe in their places of work. Prince Albert Safety Training plans include drug testing, common place for two decades in the states, but now is coming on-line in Western Canada.
Companies and their insurers are in the business of managing risk. One way to do this is to implement a drug and alcohol drug testing program within their company. In managing risk, the company must precariously balance human rights considerations against a backdrop of safety factors. Whether an employee is handling large sums of money or a 100 tonne lift, company officials will soon have to weigh in on this subject as a matter of course.
