How might a random drug or alcohol testing policy be rationally connected to the performance of a job?
Workplace safety is the purpose commonly identified in case law as having a rational connection to a drug or alcohol testing standard. More than a general concern for safety in the workplace is required. An employer must show that there is a real and significant safety concern arising from the circumstances of that particular workplace. It is far easier to identify a rational connection between safe performance and random drug or alcohol testing where mistakes by an impaired employee can have disastrous consequences, such as in a refinery situation.* *Imperial Oil Ltd. v. Entrop (2000), 37 CHRR D/481 (Ont. C.A.) What must an employer show to establish good faith? An employer must show that it implemented testing because it genuinely believed testing was necessary to meet a given business purpose. Where an employer has carefully examined the potential problems generated by drug and/or alcohol abuse in the workplace and has consulted appropriately with its employees and experts on how to
