If employers do put in place before-the-job drug and alcohol testing for safety-sensitive positions, they should make sure that a positive test result does not lead to automatically revoking the offer of employment or other negative consequences. Negative consequences flowing from a positive test result may contribute to a finding that a job applicant has a “perceived” disability – even if he or she does not have an addiction. If testing leads to refusing to hire someone based on an addiction or perceived addiction, it may be prima facie discriminatory. While the case law has not ruled out the possibility of testing for alcohol or drugs after a person receives a conditional offer of employment for a safety-sensitive position, the OHRC recommends against this practice. The OHRC takes the position that drug and alcohol testing as part of the initial applicant screening process is prohibited under subsection 23(2) of the Code. The principles around these types of testing are similar. Testing for drug or alcohol use sometimes takes place before a person is hired, transferred or promoted into a position (“pre-employment” or “certification” testing) or is allowed, as a contractor, to start work on a client’s job site (“pre-access” testing).
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |