Skip to Content

Mining

Random drug and alcohol testing regime rejected as unreasonable invasion of privacy

Topics: - Drugs & Alcohol - Privacy
Jurisdiction: - British Columbia
Sector: - Mining

The recent arbitration award Teck Coal Ltd. (Fording River and Elkview Operations) v. United Steelworkers, Locals 7884 And 9346, 2018 CanLII 2386 again clarifies the relatively high hurdle employers must meet to impose random drug and alcohol screening in safety sensitive workplaces. 

The arbitrator affirmed the general arbitral consensus that employers must establish a workplace safety problem that is sufficient to warrant the intrusion of random testing, but that in doing so an employer may use evidence relating to workers falling outside of the bargaining unit, including workers represented by other unions at other worksites and third party contractors.

In this case the arbitrator rejected the employer’s reliance on theoretical safety risks, and found the safety benefits were not proportional to the significant harms to employee privacy.  read more »

SCC: cocaine addicted employee involved in workplace accident dismissed for breach of policy, not drug use

Jurisdiction: - Alberta - All
Sector: - Mining

In a decision issued today - Stewart v. Elk Valley Coal Corp., 2017 SCC 30 - the Supreme Court of Canada tackled the difficult issue of when and on what basis an employer can dismiss an employee addicted to drugs.  

Facts

As set out by the SCC, these are the facts:

[1]   Ian Stewart worked in a mine operated by the Elk Valley Coal Corporation, driving a loader.  The mine operations were dangerous, and maintaining a safe worksite was a matter of great importance to the employer and employees  read more »