Addiction issues in a flour mill: screening tests are reasonable

Release date: March 9, 2009

The union challenges a part of the employer’s policy concerning drug and alcohol screening tests whenever work accidents occur. The employer is running a food business, and the workplace includes various hazards, stemming from machines in motion to manipulating explosive material. Even though the evidence failed to reveal any link between the high number of work accidents and addiction issues, 15% of employees have or have had an addiction problem. According to the arbitrator, the employer’s policy regarding the imposition of screening tests whenever work accidents occur is reasonable. Where positions deemed safety-critical are concerned, tests will be required only when an investigation of the event points to the presence of a human factor. Where positions deemed non safety-critical are concerned, tests will be conducted only after an assessment of the event points to the possibility that one of the causes may stem from the employee’s impaired faculties. Teamsters Quebec, Local 973 (FTQ) v. Horizon Milling (union grievance) , DTE 2008T-182 (T.A.) Me Nathalie Faucher (May, # 1)


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