ASPHALT
Commercial • Industrial • New construction • Re-construction
Asphalt overlays • Asphalt plant & supply
Excavating • Grading
Sub-division • Parking lot • Rural
AGGREGATE
BLS ASPHALT INC.
P.O. Box 1427, 327 Mill Street
Regina, SK S4P 3C2
Office: (306) 775-0080
Fax: (306) 775-2267
operations@blsasphalt.com
Crushing & Hauling
For more information visit
www.blsasphalt.com
Septic Tanks, Cisterns • Steps, Blocks, Planters • Parking Curbs, Barriers
Custom Arch., Structural • Catch Basin, Sump, Dykes • Burial Vaults, Memorial
Electrical Boxes, Bases • Fence/Soundwalls • Retaining Wall Block
Storm & Sanitary • Manholes • Sandwich Panels • Precast Grade Beams
Serving
Saskatchewan
Since 1988
T: 306-931-9229
F: 306-931-4447
3320 Idylwyld Drive N
Saskatoon, SK
For more information, visit us online at
www.preconltd.ca
recreational cannabis is legal, a test indicating
some level of past THC consumption
is of limited use to an owner or general
contractor. In essence, knowing that the
employee of a sub-contractor consumed
cannabis is equivalent to knowing that individual
drank a few beers while watching
the baseball game last Saturday.
But from a legal perspective, what is the
recourse? There may be an imbalance between
the sub-contractor and the general
contractor. The sub-contractor may be
financially dependent on that particular
contract and have few other options. But
when an employee fails to test clean and is
not permitted on the work site – and subsequently
has no available work – it is the
sub-contractor who will be liable to pay
reasonable notice or severance to its employee,
not the general contractor who required
the testing.
The potential for a human rights complaint
is equally at issue in this scenario as both the
sub-contractor employer and the general contractor
may face a human rights complaint
for perceived disability if an employee who
tests positive for THC is not permitted on the
work site. However, in some instances, courts
and tribunals have held that recreational users
of cannabis are not discriminated against
by pre-access policies that require a clean test
in order to gain access to a company’s worksite
as a sub-contractor. There is no prohibited
ground of discrimination, because limiting
access to private property to those individuals
who test clean is not in and of itself discriminatory
and thus protected by the SRHC.
The SRHC is only engaged when a disability or
perceived disability exists. So long as the refusal
to permit access arises from the breach
of the policy to test clean and not from a real
or perceived disability, any human rights
complaint is unlikely to be successful.
LEGAL MATTERS
A “positive” test for THC does not indicate
current impairment, nor does it prove
that the employee is more likely to be
impaired at the workplace in the future.
LIGHTWISE / 123RF STOCK PHOTO
54 Think BIG | Quarter 3 2018 | saskheavy.ca
/www.blsasphalt.com
/www.preconltd.ca
/saskheavy.ca
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