What do the Courts say about the use of drug testing on employees?
Because this technology and this product are so new, and because they provide an alternate testing regime (i.e. of surfaces instead of people) there have been no cases that have dealt with this particular issue in Canada. It has been upheld as a legitimate testing tool in many drugged driving cases in the United States. The most significant Canadian case that deals with the issue of drug testing in the workplace is Entrop v. Imperial Oil which was a case decided in 2000 at the Ontario Court of Appeal. This has been the case that has outlined how drug testing can be conducted in the workplace.
