Testing for Drug or Alcohol Dependency

Testing for drug or alcohol use falls within the general definition of a "medical examination". The Ontario Human Rights Commission has take the position that an individual ought not to be requested to submit to a medical examination, including testing for alcohol or drug use, until after a conditional offer of employment has been made to the individual. The Ontario Human Rights Commission has also issued a comprehensive policy statement which sets out the procedure that must be adhered to in performing drug testing in the workplace. This procedure emphasizes the fact that any such program must be conducted by qualified professionals and must strive to protect the confidentiality of all information and results of the testing. Most important of all, drug or alcohol testing should only be conducted for the purpose of determining the individual's ability to perform the essential duties of a job. Accordingly, there are very few jobs for which an employer has a legitimate basis on which to request a job candidate to submit to drug or alcohol testing.

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